Battle for Justice in the case of 11-year-old Cameron Wessel

The memory, which belonged to the Ashkali community, was found dead on July 11th, 2019, down the stairs of a residential object in the neighbourhood “Xhemajl Mustafa”, in Fushe Kosovo.

Although the trial has come to an end, family and human rights activists are at odds with the fact that there was no criminal investigation of prosecutors and police officials, whose neglect, according to them, led to memory deaths.

Lawyer Rina Kika, representing the Veseli family in court, tells Radio Free Europe that the killing of memory could be prevented as if, S.0, had been arrested when the first time it was denounced for sexual violation of memory on January 29, 2019.

When [Kosovo Police] were interviewing him, he [S.O] admitted that he violated a child and did not have the police ban, which is one that police can do without prosecutor's permission, and the second has not been asked for custody by the prosecution”, says Kika.

The S.O. is accused of constantly raping memory before July 11, 2019, the day he was found dead.

According to case papers, S.O, he is accused of sexually raping the memory even on January 29, 2019, of what he was denounced to the police by his father and the victim's mother.

Despite the heavy panel work suspected, the S.O, interview by Kosovo Police, was conducted only after 65 days, April 4th, 2019.

In this interview, S.O, he admitted to having sex with the victim.

In the wake of 65 days, Kosovo Police requested from Pristina's Constitutional Prosecutor, memory forensics examination, but the latter said there was no need.

Even though the case was presented to the police on January 29, 2019, this institution presented criminal speculation at Pristina's Constitutional Prosecutor, only April 12th, 2019.

Prosecutor's Failure in Effective Treatment

Despite the fact that S.O., he had admitted that he sexually violated memory, no warrant was issued against him, nor was the detention measure imposed.

S.O, he continued to move free until July 11th, 2019, when it is believed that he first violated and then took life from 11-year-old Cameron.

Prior to the assassination, Pristina's Constitutional Prosecutor, had made a decision to launch the investigation, but suspended them on June 26th, 2019, after the suspect, S.O, had not responded to the prosecution's invitation.

The suspect was a person known for the rule institutions, as there were 15 charges of various criminal acts active.

Ombudsman: Police and Prosecutors Didn't Protect Memory

In December 2019, the Ombudsman's institution made an investigation “Ex-officio” in this case.

This institution had found violations of the laws and Constitution.

In particular, in the ombudsman's report of December 6th, 2019, police officials and prosecutors had failed to protect memory.

The people's “Avicta finds that the victim had been interviewed for seventy-two days (72) after Kosovo police had reported that the child could be the victim of sexual abuse”, it is said in one of the ombudsman's findings.

The ombudsman held the prosecution responsible for continuing neglect of the case despite knowing the danger the child faced.

The investigators' “Ogans have failed to be effective in arresting and preventing suspects, case assessments, as well as the pronunciation of legal measures for ensuring the defendant's presence in criminal procedure”, the ombudsman report is further said.

This institution called for an internal investigation into the prosecution's failure to meet positive obligations to protect the right to life.

All that happened was the launch of an investigation into eventual disciplinary violations.

On November 12th, 2019, the Kosovo Prosecutorial Council found that prosecutor Ruhan Salihu had committed disciplinary violations through his actions in the case of the Vusem Wessel.

But punishment was just an administrative measure.

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The Wessel family lawyer, Rina Kika, says there can be no justice without criminal investigation into persons responsible in the police and prosecutor.

“Disciplinary Search is administrative. Criminal responsibility is another matter. We are asking that there be investigations because there are two criminal acts in the Kosovo Criminal Code that we are considering these [prosecutor] should see whether there has been criminal responsibility by prosecutors or police officials”, Kika says.

Kika says the negligence of police and prosecution involved two criminal acts, such as violating the equal status of citizens of the Republic of Kosovo, as well as failing to carry out official office.

It's amazing how much evidence they've had and how they decided not to perform the official task”, says Kika.

Police found fault with its officials

An internal investigation into the memory case has been carried out by Kosovo Police.

This investigation was conducted by the Internal Investigations Directorate and the Past Verification against the two police officials.

However, investigative procedures ceased because no disciplinary violations were found.

The Bureau of Internal Investigations and Verifiation of the Past has initiated and investigated two police officials, with cases of 24.03.2020, have ceased the proceedings because no elements of disciplinary violations have been found during the investigation for the two investigated officials,”, the Kosovo Police's response given to petition organisers “The Directorate for Memory”, on 17 September, 2020.

It was neglected just because it was Ashkali

Gazmend Qyqalla one of the main activists in seeking justice for the memory case, says the case was neglected by Kosovo institutions' officials just because he was a member of a non-s majority community.

Unfortunately by what we've seen so far, this neglect is only due to the ethnic affiliation”, Qyqala says.

Qyqalla says that to have justice, then it takes prosecution for any person working within institutions who has had responsibility for the case.

If you're being single-handedly punished, S.O. and you don't punish the rest responsible, I don't think justice goes in the country because they're accomplices, says Qyqalla.

Apologise and Reparation Required

It has been a year since a group of activists “Justice for Memory” have organised protests and activities against neglect, which they believe institutions have shown in the case of Wessel.

A petition with more than 1,200 signatures was handed over to the State Prosecutor, the Kosovo Police and the government.

Through the petition, police and the Public Prosecution Prosecution of the Family of Memory for violating its right in life and neglecting the case, the State Prosecutor and the State Prosecutor, were asked to initiate independent criminal investigations of prosecutors and police officials responsible for the case, as well as the Kosovo government was asked to compensate for human rights violations for the memory family.

According to activists, none of the requirements have been met so far.

Through a letter, dated August 31, 2020, State Prosecutor Alexander Lumezi expressed regret over the tragic death of memory, saying that with the establishment of the indictment against S.O and the taking of disciplinary measures against prosecutors from the Kosovo Prosecutorial Council (KPK), everything has been done by this institution.

But, the case of the memory killing, it turned into political institutions -- Parliament Speaker Vjosa Osmani -- on Thursday, October 8, 2020.

Remember Wessel's death “is a consequence of a double failure. It is a failure of human co-ordination as well as a failure of responsibility and institutional professionalism”, Osmani said in her speech.

Osmani said Kosovo society has failed to fight racism against Roma communities, Ashkali, Egyptian, enough.

A few days before the indictment is pronounced in the case, Radio Free Europe has tried to speak to the memory family, but the defence attorney has said the family will not be declared because they are awaiting the verdict. / REL