Threatened by burning Thaci's and Constitutional office, sentenced to 1 year on condition

That's because of an M post. on the social network “Facebook”, which had called for the burning of President Hashim Thaci's office and Constitutional Court Chairman Arta Hajrizi-Rama.

According to the trial pronounced by the head of the court, Shadije Grguri, he was sentenced to 1 year in prison on bail if in the 2-year period he did not commit any other criminal offence.

Also, accused G. M, he has also been pronounced the measure of compulsory psychiatric treatment in freedom, while the indictment states that if M. Doesn't respect this measure, the same will be replaced by a measure of psychiatric treatment in the ban.

Meanwhile, at last session, special prosecutor Fikrije Fejzullahu has arranged the change of the indictment regarding competence because this subject had been passed by the Constitutional Prosecutor in Mitrovica to the competence of the Special Prosecutor of the Republic of Kosovo.

On July 28, 2020, with the decision of the chief Special Prosecutor's Office, the Constitutional Prosecutor's request in Mitrovica has been accepted for this subject to be admitted into the competence of this prosecutor. The Special Prosecutor, on October 8, 2020, in the sense of Article 252, paragraph 1 of the KPPRK presents the amended indictment, so that the indictment is changed against accused G. M, while the device remains the same”, prosecutor Feyzulah said.

It has also withdrawn from the indictment, the proposal that the accused be pronounced the measure of forced psychiatric treatment in freedom.

Otherwise, the Constitutional Court's act of May 28, 2020, with which it was estimated that President Hashim Thaci's decree, which he had mandated for prime minister, was in line with the Constitution, had triggered numerous pro and counter reactions.

After that decision, G.M., on May 29, 2020, about 11:00 in Mitrovica, had published a status on the social network “Facebook”, through which it required that President Hashim Thaci's office and Constitutional Court Chairman Arta Hayzer be burned.

The day has finally come for the people to bring the office of President Thaci and the Constitutional Court, Arta Hajrizi-Rama. If the people did this to you, then we are the most illiterate, coward, most treacherous and corrupt humanity in the Balkans”, G.M. had written.

This publication of the accused has influenced him, the Constitutional Prosecutor in Mitrovica on 22 June 2020, to freeze an indictment, with which he has charged him with terrorist criminal acts.

Regarding the prosecution's claims, the accused said he acknowledged his mistake with posting to “Facebook”, but he doesn't feel guilty about prosecution charges.

I don't consider myself guilty of a private comment I made, but I admit the mistake. When the prosecution came to the house they found no weapons or san”, the defendant said.

However, preparing this subject for the State Attorney has been transmitted with errors in legal qualifications and not including all evidence prior to the establishment of the indictment.

The prosecution in the indictment charged the accused with the criminal act “organisation and participation in the terrorist group”, which is determined with Article 134 of the old Penal Code, but in fact, this criminal act is the first of its 143 provisions.

While, at the initial session held on July 23, 2020, prosecutor Jelena Marianovic made exacting the indictment, charging the accused with criminal work “on the intent to perform terrorist acts”, qualifying with Article 141 of the old Penal Code.

However, such an action conflicts with Article 3 of the Kosovo Criminal Code, under which the “towards the chief is implemented the law that has been in force at the time of the conduct of criminal work”.

In this way, the prosecution has had to re-qualification the criminal act, the accused of being charged with criminal work “the purpose of carrying out terrorist acts”, which is defined by Article 134 of the Republic of Kosovo's Penal Code, which has entered into force on April 14, 2019, as the work the accused allegedly carried out is dated May 29, 2020.

In addition, although the defence has consistently stressed that the defendant has health problems with the prosecution's indictment was not proposed as proof of any medical expertise to assess the accused's state of health, the prosecution had done so only after the establishment of the indictment.

According to the report of neuropsykiattric experts' expertise proposed by the prosecution, in which two psychiatrists and a clinical psychologist, who communicated to the head of the court, Shadije Gerguri, has been found that the accused at the moment of carrying out the criminal work, has been of reduced mental responsibility.

And with this report it has been recommended that the same be pronounced the measure of compulsory neuropsytric treatment in freedom.

For this reason, Judge Grogur asked prosecutor Marianovic, who until July 28, 2020, to do the precision of the indictment and to address the matter of medical expert expertise as well.

While the defender of the accused, lawyer Muhamet Halimi, except that he warned he would apply for dropping the indictment and rejecting the evidence, asked the court that, due to his state of health, he should make the decision with which the accused would release him from custody.

Such a proposal did not oppose prosecutor Marianovic, who left the case to the tribunal's authority, but on that matter, Judge Grogur said she would decide out of session after she praised the accused's medical documents.

Otherwise, this case had first gone into treatment at the Department of Foundation Crimes in Mitrovica, but Judge Bekim Veliqi, who had been divided, with the decision of July 7, 2020, had declared this court not competent, arguing that according to Article 18 of the Court Law, competent to try the substances that fall into the competence of the PSRK, is the Special Department of the Foundation Court in Pristina.

The Constitutional Prosecutor in Mitrovica on 22 June 2020 had filed charges against G.M., claiming that the accused on May 29, 2020, about 11:00 in Mitrovica, with the aim of organising the terrorist work through the social network “Facebook” has published its comment “at last came the day people brought me the office of President Thaci and the Constitutional Court, Arta Hajrizi-Rama. If the people did this to you, then we are the most illiterate, coward, most treacherous and corrupt humanity in the Balkans”, and this comment has been distributed on electronic media on the “Indexline” /Justice Vow