Three years in prison for one of the accused in Badovci case

Musa has been co-accused in the case known as “Bavci”, but after the Supreme Court had approved the request for protection of the legality exercised by the defence, with what cases were cancelled the rulings of the Constitutional Court in Pristina and Appeals, returning the subject to the first instance.

The court's chairman, Judge Valbona Musliu-Selimaj, has announced the trial, under which he will also be counted in detention.

Musa is obliged to pay the amount of 100 euros on behalf of the judicial patriarch.

Prosecutor Drita Hajdari, in the final address held on May 7th, 2019, has re-qualified criminal activity from helping commit terrorist criminal acts, in that of helping lead after committing terrorist criminal acts.

Otherwise, the indictment against Musa and his co-accused, Besnik Latif, Gazmend Halit, Milazim Hadziaj, Enis Latif was established on December 4th 2015, by the Special Prosecutor of the Republic of Kosovo (PSRK).

In this case, the accused was also Betim Ibrahimaj, but at the February 22nd session of this year, prosecutor Hajdari had proposed that his statements given to the police and prosecutor read, as, according to her, by police information, he was killed in the war in Syria.

According to the indictment, the accused under the preliminary agreement, on July 10, 2015, had gone to Lake Badovci, which, with the terrorist organisation's iconography I SIS, to record a propaganda video in which they had intended to read the oath to the leader of the terrorist organisation “ISIS” and publish this video online, to witness to the world the extension of the so-called “Islamic State “” in the Republic of Kosovo.

The indictment reportedly said that after the accused stopped near the lake, they had been observed by the guards of the lake, who had informed Kosovo Police, who had arrived at the scene and had arrested defendants Besnik Latifi, Enis Latifi and Milaziaj, until defendants Gazmend Haliti and Betim Ibrahimaj had escaped from the scene, assisted by defendant Fehmi Musa.

While Musa is charged that on July 11, 2015, about 2: 00 a.m., he had gone to Lake Badovci and his car carried defendant Gazmend Haliti to the village of Hajvali and defendant Betim Ibrahimaj until Istog, even though he had known the purpose of their stay at Badovci Lake, and knew that they had escaped from the police on that occasion.

Otherwise, the Supreme Court of Kosovo, on May 29, 2018, had approved the request for the protection of legitimacy exercised by the defender of convict Fehmi Musa and must be annulled the decisions issued by the Constitutional Court in Pristina on July 19th 2017, and that of the 24 October 2017 Appeal, returning the subject to the first degree.

According to the Supreme One, the first degree ruling is involved with substantial violations of criminal procedure provisions, which have not been eliminated by a second degree bias, of which the demand for protection of legitimacy is based.

Also, this case had been retriald once again after the Supreme Court had overturned Pristina's Constitutional Court act, which had condemned Besnik Latifi, Gazmend Halit, Milazim Hadziaj, Enis Latif and Fehmi Musa for carrying out the criminal work related to terrorism.

In this case, the Constitutional Court in Pristina, for the first time, had declared the guilty on July 18, 2016, while the Constitutional Court had confirmed the Court of Appeals on November 29, 2016, rejecting the complaints of defenders, Besnik Latif, Gazmend Halit, Milazim Hadziaj, Fehmi Musa of Enis Latifi.

In the first act, Besnik Latifi had been sentenced to 13 years in prison, Gazmend Haliti to 12, Milazim Hadziaj to 10 years and 3 months, Enis Latifi to 10 years, while Fehmi Musa to 4 years in prison.

While for the second time, the Constitutional Court in Pristina on July 19th 2017, the loyal accused and Enis Latifi, as well as the accused Haliti and Hadziaj, had convicted them and sentenced them to three years and six months in prison, while now convicted accused Musa to three years in prison.

Faithful Latifi, Gazmend Haliti, Milazizim Hadziaj and Enis Latifi were charged with preparing terrorist acts, or works against the constitutional order and security of the Republic of Kosovo, while Fehmi Musa for helping conduct the criminal work of terrorisation.