Italian visa case hearings fail

The session, scheduled for Friday at the Constitutional Court in Pristina, has failed to be held because the five accused have been missing in this case, Florjan Petani, Adem Koskoviku and Fadil Ahmeti, Hasan Shaqiri and Beg Shaqiri.

According to the chairman of the court, Naim Krasniqi-Jashnica, for the three accused there is no reason why they have not responded to the court's invitation, for Friday's session, reports “Justice Vow bet”.

Even the defender of accused Izet Beqiri, lawyer Besnik Berisha, has been missing but has applied by which he has announced the court will not come to this session, as it is on an official trip.

Due to the lack of three indictees, the session was postponed on July 3rd, 2019, at 09:00.

Meanwhile, at Friday's session, former President Uke Rugova and former Culture, Youth and Sports Minister Astrit Haraqi was present.

Otherwise, when the final session was held in November 2017, the case was judged by the mission EULEX, but after the mandate ended, the subject had been transferred to the locals.

This subject was then appointed to Judge Naim Krasniqi-Jashnica, who had not scheduled a session in 2018, with the reason why this case was not a priority for the court.

After the matter had been transferred to local judges in January 2018, the first session attempt had been made after a year, in January 2019 respectively, but this session had failed in the absence of four indictees.

At the January 29th session, Judge Krasniqi - Jashanica had announced that she will talk to prosecutor Florije Shamlli about isolating the procedure against several indictees, but there is still no response from the court.

However, at the session, held in January 2017, Rugova and others had pleaded innocent to the charges they were charged with.

Later, the defender of accused Wisar Beqiri, as well as Besnik Berisha, defender of accused Izet Beqiri, had applied to the Supreme Court for the protection of legitimacy.

Lawyer Beqiri had even rejected the session held on November 22, 2017, since such a session should not be held, since his request had not yet been examined by the Supreme Court.

The request for protection of legitimacy in the Supreme Court had been submitted after the Court of Appeals on September 25, 2017, had refused the request to drop the indictment on the accused in this case.

In February 2018, however, the Supreme Court had refused requests for protection of legitimacy filed by lawyers Africa Salih and Besnik Berisha as unacceptable.

In line with the Supreme Court's decision, it was said that the request for protection of legitimacy could be presented only against the firm form or court ruling, which has preceded making such a decision after completing the strict criminal procedure.

In this case, the procedure has not been completed, so the demand for protection of legitimacy is illegal.

The last session of Uke Rugova and 19 others was held on November 22nd in 2017, but it too was postponed at the request of Judge Petrov Petkov, who had sought to isolate the procedure for accused Uke Rugova, Izet Beqiri, Florjan Petkan and Qefser Baholin.

This proposal had been rejected by the then prosecutor, Alan Casnick, who had said such isolation would be unnecessary, while some of the defendants had taken time to declare it.

According to this, then-Patkov, the judge had given seven days to the defenders of the accused, to present their opinion in writing, and after that, the judge had said that he would set the next session.

Otherwise, even at the initial session held on August 30, 2016, Uke Rugova and others had been declared innocent of the charges they are charged with. Innocent ones were also declared at the January 11, 2017, session.

The Special Prosecutor's Act of the Republic of Kosovo (PSRK), founded on May 16, 2016, charges Uke Rugova that during May 2011 until February 2014, she managed a criminal group by supplying individuals with Schengen visas to the Italian Embassy in Pristina. All these visas are supposed to have been taken illegally through distortion or corruption.

The other indictment device also charges Rugova with criminal possession of unauthorized weapons where a pistol and two mags were found at his residence.

The Act, which was compiled by prosecutor Allen Cansick, stresses that the Special Prosecutor of the Republic of Kosovo has accepted from the Italian Prosecutor in Rome a copy of their visa-related file including former Italian Ambassador to Kosovo Michael Giffoni.

Along with Uke Rugova in this case are Izet Beqiri, Florjan Petani, Qefser Baholli, Astrit Haraqija, Fitim Beqiri, Azad Beqiriaj, Liridona Beqiri, Cameron Avdyli, Ragip Gashi, Visar Beqiri, Azem Koskovku, Edisonaj, Beg Shaqiri, Kaqiri, Driton Voca, Valon Selimi, Fadil Ahmeti and Haxhi Islami.

The prosecution claims that this group, as it calls it criminal, was aimed at providing material benefits in order for citizens to be equipped with Schengen visas from the Italian Embassy in Pristina.