Former Gjilan chairman's Trial session postponed

Because of the large number of indictees, the trial in this case was meant to be held in Pec's Municipal Assembly Hall, not the object of the Constitutional Court in Pec.

According to the court's chairman, Judge Silas Lokaj, by phone special prosecutor Agron Bajrami has announced that he had not received an invitation for Monday's session.

Judge Lokiaj has announced that by telephone he had told prosecutor Bajrami that the trial would be ongoing, but according to him, prosecutor Bajrami has told him he cannot come because he needs to be prepared.

The judge has said that if it is found that the prosecutor's invitation was sent to him fairly and that he has not reasoned, he has declared that the State Prosecutor would then be announced.

Because of these circumstances, the next session is scheduled on June 27, 2019, at 10:00.

The Appeals Court, in February 2019, had approved the special prosecutor's complaint of the Republic of Kosovo (PSRK), in the case of former mayor of the municipality of Gjilan, Kemajl Mustafa and 38 others, thus deciding the same to be tried for the works they are charged with.

Thus, Appeals has changed the establishment of the Constitutional Court in Pec, November 30, 2018, so that the claims of the defenders for the dropping of the indictment have refused, while the procedure now in this criminal legal case, according to Apel, must be continued according to the Penal Procedure Code provisions provided for the court hearing.

In this case, The PSRK charges the accused with criminal acts of organised crime in connection with the criminal act of abuse of office, as well as misuse of authorisations in the economy, reports “The Justice Vow”.

“The Court of Appeals finds that according to the subject paperwork, in concrete case there is sufficient evidence from which the well-based suspicion results that the defendants committed criminal work in question. So the first-degree court is obliged to continue with criminal prosecution, administer the evidence, and then make a fair and legal decision”, the Court of Appeals media report said.

Otherwise, the Constitutional Court in Pec, in November 2018, had rejected requests for dropping the indictment in the case of former mayor of the Gjilan municipality, Kemajl Mustafa, charged with criminal acts of corruption.

In the ruling provided by “Justice Vow”, this court had stressed that in the case of Mustafa and other indictees, elements of the criminal act of organised crime.

While, it had stopped criminal proceedings against the 10 accused who were charged with criminal acts of abuse in the economy, and 19 accused of misusing the official task in co-ordination, due to the relative prescription of the criminal act, reports the “Justice bet”.

Of the 29 accused who as a criminal group had committed criminal corruption in connection with the granting of tenders to the municipality of Gjilan, according to the court's ruling, only 12 accused will face the charges of the Special Prosecutor for Corruption and the new qualifications of criminal work.

This, after the Constitutional Court in Pec, had only rejected the pleas of the defendants, Cemail Mustafa, Hatage Daku, Vehbi Geci, Ramush Musliu, Behar Mehmeti, Hamdi Ismajli, Fadil Osmani, Heset Asllani, Selver Xheli, Kemal Latifi, Naser Sylejmani and Nazim Jashar, and for criminal abuse of official position or authority, in violation of at 422pl and 2 points with the 31KP.

While, the criminal procedure had ceased because of reaching the relative prescription of prosecution against the defendants: Dr. Kajazi-Bajram, Agim Hoxha, Qefsere Sadriu, Enver Biqku, Aslan Mustafa, Muhamet Kastrati, Hehesh Mahmutti and Fatmir Halili, Ilaz Rasiti, Musa Nasufi, Ibrahim Foniqi, Zeqiri Fazli, Azze Mujku, Selvije Shefkiu- Mustafa, Ganimes Kastrati, Smedin Qemim and Merita Canay-Shabani, who are accused of misuse of criminal work or abuse of official authority at 422mni's and 21 points.

Similarly, the court had changed the judicial qualifications to the accused, who under this act are accused of committing the criminal act of misuse of official office in co-operation, not as a structured criminal group, as the Special Prosecutor claims.

According to Judge Silas Lokaj's decision, to take on November 30th 2018, the legal qualifications of the Special Prosecutor's Act, that former head of Gjilan, Kemal Mustafa, and others had committed criminal work as a structured criminal group does not stand, making the change of criminal work by organised crime in the criminal work described as co-ordination.

According to the juro chairman's assessment, Syle Lokaj's evidence presented by the prosecution does not meet the minimum criterion that the criminal structured group by defendants existed

The court estimates that the indictment does not contain any evidence that would support well-founded suspicion of the organised criminal group -- no evidence suggesting the defendants had any kind of formalised structure. The act as such for organised crime lacks description, it has no evidence to support the alleged belief that, at least, one of the defendants was part of the organised criminal group”, the decision of Judge Lokij stressed.

The prosecution accused business owners who had applied for various tenders in the Gjilan municipality, that they had collaborated with each other, and with former Gjilan Mayor Qemajl Mustafa and Hatage Daku, that in the process of winning tenders, they had after contact with accused Kemal Mustafa and Hatage Daku to influence procurement procedures.

However, according to the First Court, the description of the actual situation does not justify the charge of criminal abuse of authorisations in the economy.

The court estimates that the indictment contains no evidence that confirms the well-founded suspicion that the defendants in their actions, have exceeded the limits defined or that they have seriously violated business regulations. Since there is no evidence proving these elements of the criminal act, it cannot be the basis for a criminal offence to misuse authorisations in the economy.

Moreover, according to the first degree, the behavior of business owners against Gnjilan's former leader, Mustafa, cannot be treated as a criminal act, but as a lobby and business activity to convince authorities to support them for achieving supremacy, and in concrete cases, for winning a contract in public procurement procedures.

This activity does not exceed the limits defined by law or business activity regulations, cannot be the basis for a criminal act of misuse of authorization to the economy”, the decision stressed.

While objections to evidence presented by the defendants' defence lawyers, for each apart, have been rejected as groundless and will be administered in the main examination.

Former head of the Qemajl Mustafa and other indictees, in the initial review held on November 21st 2017, have been declared innocent of the criminal work this indictment charges.

Otherwise, on August 2nd of last year, “The Justice Vow” had reported on the case.

Judge Lokaj, had ruledly dismissed the Special Prosecutor's Act of the Republic of Kosovo as partly irregular. I, II, III, IV, V, VI, V II, VIU, XI, XII, XIV, XV, XVII, XVII, XVIII. At the same time, the IX and XII of the indictment had remained in force.

On September 22nd 2017, the Court of Appeals had approved the Special Prosecutor's Appeal of the Republic of Kosovo (PSRK), under which Mustafa and others return to the dock for all points of the indictment.

While, on April 18th of this year, the Constitutional Court in Pec has, with a decision, confirmed the special prosecutor's indictment of the Republic of Kosovo, with which former head of Gjilan, Kemal Mustafa and 38 other indictees are being charged with criminal acts “organised by”, “due to the use of office or official authority<3>, and “the mismanagement of authorisations in the economy<5>.

On September 14, 2018 The appeal has cancelled the Constitutional Court's decision in Pec, which in April this year, had confirmed the Special Prosecutor's Act of the Republic of Kosovo against Kemal Mustafa and others.

The Special Prosecutor of the Republic of Kosovo (PSRK), on September 16, 2016, had filed charges against Kemal Mustafa, Hatage Daku, Vehbi Geci, Qefserhe Sadriu, IIjaz Rasiti, Musa Nasfi, Muhamet Kastrati, Heset Mahmati, Fatmir Halili, Fatmir Bajrami, Agim, Ramus Museli, Selvi Sifli Kasturi Kasturi, Shemin Qem Qerazim, Mereraj-Shamaj, Vetazimaj, Baldaj, Pasalimaj, Asli Asli Asli, Cemajli Lejati Lejati Kaqituri Kaqituri Kaqim, Sejmani, Sejman Sijrovicovicovicovici, Vetqovici, Juryman, Juryman Gisajrimovici, Juryman.

According to the indictment, officials acting on the quality of official persons have misused official duty by exceeding their competencies or failing to fulfill their official duties. While other defendants, acting as owners or representatives of these economic operators, have exercised economic activities with the aim of illegally benefiting wealth for themselves or for the other economic operator, with the case of bidding on procurement activities near that municipality.

According to evidence, which has been attached to the indictment, the former mayor of that municipality, has co-ordinated with this group's activity about setting procurement activities, determining the winner of the tender, always agreeing to the defendants more precisely now the owners or representatives of economic operators (businesss) mentioned in the indictment.