For Sami Lushtaku's escape from KKUK, Rashit Qalaj speaks to court

He has given this statement in his judgment against Sami Lushtak and others, who are being charged with escaping the former head of the Skyeraj municipality from the Kosovo Clinical and University Centre (QKUK).

In this case, besides Sami Lushtaku, his son, Agim Lushtaku, and Emrush Thaqi, Shemsi Hajriz, Sami Gjotari, Nejip Shatri, Ismail Dibrani, Agim Ukaj, Ismet Haja, Rrustem Rrutkaki, Rexhepa, Fatmir Mjaku, Scender Tahiri, Sheremet Jashar, Bajram Dibrani, Dardan Gedi, Derviselolki, Valon Behraj, Aqaj, Yakeraj, Akkaremaj, Ahmet Gevim, and Zedaj, report for Justice <1.

According to the indictment, the escape of former Skywright Mayor from CKUK occurred in May 2014, while Lushtak was receiving medical treatment, at the time he was in custody in the “Drenica” case.

Qalaj said that by the time the escape from KKUK took place, he had been the director of operations in the police, and that on that day he had been at a meeting in Mitrovica, with EULEX colleagues, as he said, to discuss security preparation in terms of cases to be held at the Constitutional Court in Mitrovica.

During that meeting, Qalaj said she was informed that Lushtaku and the others had fled KKUK.

After this information, he said the meeting was interrupted and he was immediately launched towards Pristina and that he had contacted Pristina's deputy regional director, Africa Ahmeti, along the way, that he would take concrete action to verify this information.

He said he had contacted the Police's Communication Centre to prepare the commanding room and that on the way to Pristina, he had contacted Deputy Director of the Correcting Service Sokol Zogaj, who said he had confirmed that Lushtaku and others had not been to KKUK rooms.

Then, Qalaj said Pristina Deputy Regional Director Afrem Ahmeti had asked the commander of the south police station, Binak Berisha, to send police officers to verify whether accurate information was the escape of Lushtak and others from KKUK.

He said that after going to the commanding room, the prosecutor EULEX, Janthan Ratell, had contacted him over the phone and had asked them to act on his instructions from that point forward, demanding that fugitives be contacted and announced that they along with their lawyers could go to the prosecutor.

According to Qalajt, the police station commander in Pristina, Binak Berisha, after personally going to verify, had announced that several citizens had gathered in one of the detention rooms and that he had failed to see the detainees.

After prosecutor Ratel had asked him to talk to one of Sami Lushtaku's family, Qalaj said he had contacted his son, accused Mergim Lushtaku and had asked Lushtaku and others to appear in the prosecutor's office.

But, according to Qalaj, he had expressed concern that his father and others be sent to the northern Mitrovica prison because they had doubts about security.

He said that after a day or two, the situation had stabilised and that Lushtaku and others had come in contact and presented themselves and that, according to him, information received from the detainees had been in KKUK's space.

Qalaj has also spoken about the security situation in northern Mitrovica, where, according to him, the security situation at the time had been problematic, as they had been in the process of integrating different structures into the parallel Serbian system.

He said that from September 2013, up to the second half of 2014, there had been the integration phase of former Serb MUP members into the Kosovo Police, and that efforts had been made to integrate other structures, which, according to Qalayt, had created problems in that area in terms of security, after having had many cases of attacks and threats against citizens.

At the meeting that they had held at EULEX's base, he said they had not talked to Judge Dario Silici about the security of the northern part, but if they had asked Qalaj, he said there had been an analysis of the security situation in North Mitrovica, and according to him, it had been problematic and that he would have responded that greater police measures should be provided for security delivery.

Otherwise, in this case Lushtak's wife, Mirvette Hasani Lushtaku, on December 4, 2019, has been sentenced to six months in prison, since the plea agreement was approved, after which procedures against her had been set aside.

But this sentence, with the consent of the accused, has been replaced by fines -- in many of the 3,500 euros -- which, if not paid, the penalty will be turned into prison.

The Constitutional Court in Pristina, on April 5, 2018, had rejected the defence requirements for dropping the indictment and rejecting evidence, arguing that it had proved that there was no predestination of criminal acts and that the defence has not presented sufficient evidence to approve them.

While, the Court of Appeals, in July 2018, had refused to base defence complaints about dropping charges and rejecting evidence and having put the Constitutional Court in Pristina into effect.

According to this court, the first-degree court had acted directly when it rejected those requirements, as none of the initial circumstances in Article 250 par.1 subpar.1, 1.2, 1.3 and 1.4 of the Republic of Kosovo's Criminal Procedure Code were presented.

At the session, held on December 6, 2017, Sami Lushtaku and others had pleaded innocent to the charges they are charged with.

Before that, several times the sessions had failed, with EULEX prosecutor Romule Matthews stating that this is an insult to justice.

The former head of Skywright, Sami Lushtaku, is charged with several criminal acts “exasperation of the person deprived of freedom”, “obstructing official testimony or procedure, as well as intimidation during official procedure” and “for participation in organised criminal group”.

The escape from KKUK is also charged with Sahit Jashar and Ismet Haja.

The criminal work of participating in organised criminal groups is also charged with Ismet Haja, Rrustem Rrukoli, Rexhep Jota, Fatmir Mjakum Skander Tahiri, Sheremet Jashari and Bajram Dibrani.

Exile Lushtaku, Dardan Geci and Mervette Hasani Lushtaku are accused of facilitating the escape of those deprived of freedom.

Bashki Dervisolli, Valon Behramaj, Silver Behrahaj, are charged with the criminal act of offering aid to the leaders after committing criminal acts, as well as the illegal release of persons deprived of freedom.

Rrustem Rrakolli, Rexhep Jota, Fatmir Mojak, are accused of criminal acts preventing official testimony or procedure, as well as intimidation during criminal procedure in co-ordination.

Emrush Thaqi, Shemsi Hajrizi, Sami Gjota and Nejip Shatri, Ismail Dibran, Agim Ukaj are accused of misusing official position or authority. Shatri's breast is also accused of counterfeiting documents and facilitating the escape for those deprived of freedom.

Ylber Blakaj, Gezim Ahmetaj and Xhevddet Zena are charged with illegal release of persons deprived of freedom.