Vetevendosje MP before the Court says the indictment filed against him for 2015 protests is mounted

These statements have been given during the initial hearing, held Monday at the Basic Court in Pristina, the branch in Drenas, reports “Justice bet”.

Salih Zyba and other activists are charged with criminal acts as assault on official persons, during the official duty, the obstruction of the official person in performing official duties, mob participation and hooliganism, and accused of damages caused in the 2015 protest case organised by political subject, the Vetevendosje Movement and supported by opposition subjects, the Alliance for the Future of Kosovo and NISMA Social Democrat.

This session has attended and Vetevendosje Movement activist President Hajosa, who is also accused of committing a criminal act, assaulting an official person, while performing official duties.

However, there has been a lack of the accused for criminal work, the obstruction of the official person in performing official duties, Leotirm Pacolli, for whom the court has had no evidence that he has been regularly invited.

At the beginning of the review, case judge Shefqet Balec demanded the opinion of the parties present that the criminal proceedings be singled out for the accused from number one to twenty, who are charged that each and only have committed criminal work, participation in the mob that committed criminal and hooliganism.

According to Judge Baleci, the procedure would be isolated, for the important causes of the objective nature, in view of the situation created with the COVID-19 pandemic, and the fact that this court has only the room where it is held in greater space.

The “so that if all the accused were present there would be no conditions for the court to implement measures to prevent the spread that COVID-19, as defined by the competent state bodies of the Republic of Kosovo”, he said.

Prosecutor Elza Bajrami said she agrees to isolate the procedure, due to the situation created as well as efficiency during the leak of the criminal procedure.

But with the isolation of the procedure, the accused Zyba and the accused Hajoya disagreed.

The accused Hajosa, said they do not understand the indictment and demanded that the procedure against him continue after circumstances arise after the passage of the pandemic.

While accused Zyba, said he does not consider the division so partial in trying to reason with the current pandemic circumstances is in the function of doing justice or sharing justice, because according to him, <x0fati, procrastination, the mode of carrying matter to this location, not observing the prosecution's procedures, originally in relation to the accused, does not suggest that it is in the function of a regular” procedure.

Because according to him “has to do with a public organization, with an official subject there should be treatment such as unique and no one should try through immediate reasoning to provide solutions on the basis of trends”.

The same claimed that the invitation was sent to him months ago along with a decision, in addition to the names of the attached indictees quoted and prosecution evidence. He said that the “has a legal and procedural obligation to offer the evidence he charges us with, a duty he has not carried out, reasons I think are in the function of trying to mount and exceed his competencies”.

“From the court I seek to take into account this procedural violation and efforts to ignore legal obligations, as I do not consider there are conditions to continue in the absence of evidence which they do not possess as charged”, accused Zyba has said.

Afterwards, Judge Baleci asked the accused Zyba, if this statement implies, that in the absence of evidence it is unreasonable to isolate the procedure, accused Zyba, again stressed that the attempt to divide persons first through classified works, where this classification, according to him, was made only because of belonging and responsibilities as active participants in this gathering, has happened by anyone involved and has then tried on behalf of the controversy of the act.

In regard to this statement for the signing of the indictment, prosecutor Bajrami reacted, addressing in words “who has mounted”.

That reaction, accused Zyba, considered an intervention, since Judge Baleci warned prosecutor Bajrami and asked accused Zyba continued with his statement, as he is the one who runs the session.

The accused Zyba, added that as activists have had bad experiences with officials and have repeatedly submitted to similar procedures, in these cases their defence has been held in silence, where, in most cases, it has cost them because official persons have misused the task, given that the “do not receive legal defenders, and then their accusations and decisions have been taken without fact, so I consider that the case is the same”.

After and accused Hajosa, it was declared that evidence after the establishment of the indictment by the state prosecutor has not been secured, the court found the fact that the alleged Hajoja and Salih Zyba have not been provided as provided evidence as envisioning Article 244 of the Code of Criminal Procedure, and found that only the parties' opinion on isolating the procedure has now been requested.

The review has been postponed indefinitely.

The upcoming review will be established after the court is announced by all accused of this case that they have submitted evidence as provided by Article 244. KPP.

Otherwise, the initial hearing on this case has been the earliest to be held on April 6, 2020, but has failed to be held as the cause of the spread of the Tyvid 19 virus.

In the indictment filed on January 23rd 2017, by the Constitutional Prosecutor in Pristina, Vetevendosje Movement MP Salih Zyba, along with the triumph of Hajoya, each except accused of having committed criminal work “Attack the official person, during the performance of official tasks” by Article 410 paragraphs 1 of the Penal Code of the Republic of Kosovo.

Augustin Zukaj, Arber Jashari, Alban Nazifi, Bajram Llapashtica, Bashti Bejtullah Munishi, Besart Gzezda, Bardosh Zajca, Bajram Jonuzi, Belim Saliaj, Dritan Sylej, Faik Rrustemi, Hysen Saferi, Ilir Nuri, Gzim Shatri, Kutri, Kufrim Ramadani, Merim Jakupi, Merin Cakqiqi, Minus Krasniqi, Rexhepiqi, each other than the criminal work <x> in the criminal effort that takes place in the criminal mob and hgismilismia of the 161st Republic.

While, Leotrim Pacolli is tasked with criminal work “Pegim of the official person in performing official tasks” by Article 409 paragraph 1 of the Republic of Kosovo Penal Code.

According to the indictment, the accused for “The crowd's participation in criminal and hooliganism” on January 27, 2015, from 12:45-18:00 in Pristina, respectively, on “squares. Skenderbecu”, “Ibrahim Rugova”, Mother Terezèse”, “Zahir Pajaziti”, “Tring Ismaili”, continuing on the “Bill Clinton” boulevard “Nation witnesses” up to” Ulpiana” at the Main Post, on the occasion of holding the popular protest, organised by the political subject, the Vetevendosje Movement, supported by the two opposition subjects, the Alliance for the Future of Kosovo and the Initiative, defendants, each and only deliberately, have participated in the crowd, in order that with their joint actions to cause violence against persons, respectively, they will harm property.

According to the indictment, the same have acted in such a way that, in a sign of disillusionment to the goal and course of protest, towards police officials, assigned to maintaining order and general security, with violent actions, using force, they have thrown various improvised glands at the moment, like stones of various dimensions, concrete cubes, pieces of wood, metal pipes, metal bars, bottles of metal, bottles of water, screws, tools for causing body damage to officials, such as rioting and damaging public property.

The attack, according to the indictment, the accused have damaged, broken, official vehicles, technical and police protection equipment, police guard, worth 20,000 euros in Pristina's region alone, containers of Regional Waste Company “Cleaning” S.a, in Pristina, 47 pieces, at the height of 16,480.80 euros, about 12 private cars, at the facility of UNION, Terra and mosque of a crazy restaurant, tents of fallen establishments.

Also, “Pizzeria Liberto” has been damaged by four windows, a plasma TV “Samsung”, several chairs of private objects, such as greenery, various wooden vases, sidewalk sides, where, as a result of actions by 141 police and protesters, according to legal forensic expertise, they have suffered slight bodily damage with which they were injured in addition to material damage, defendants have caused great danger for common life, public order, safety, and wealth.

On the second device of the indictment, at the same date, around 14:30 minutes, in Pristina, the “Square, respectively. Skenderbehu” on the occasion of holding the popular protest, organised by political subject Vetevendosje, supported by two opposition subjects, the Alliance for the Future of Kosovo and the Initiative, defendants Sali Zyba and fittrim Hajosa, each except on purpose, have directly attacked official persons in carrying out the task regarding general security.

The indictment is said to have acted in such a way that, in a sign of discontent over the course of the protest, the same goes inside the safety cord, where by their actions they have shown violent behavior, constantly pushing the police officials with their hands and whole, then with other hand and foot movements, they have attempted to beat them for what they are arrested.

Always in accordance with the indictment, during the arrest of indictee Zyba, even further, has demonstrated active resistance, where at a moment with hands from the belt, he has attempted to remove the official Armenian, police official Berat Gashi, with what police official Adnan Muriqi, with fellow colleagues, offer him assistance and manage to stop taking the gun, and then escort him to the nearest unit of arrests.

While, on the last device of the indictment, it is said, on January 26, 2015, about 11:45 mines, respectively near Grandi Hotel, defendant Leotrim Pacolli, deliberately, has disabled the official force in carrying out the official task, in the manner that, in spite of the withdrawal of the verbal remarks of police officials assigned at that point according to the operational plan about organising the entire popular protest, the area of driving away from the city square, this area of driving.

So, he runs the Mercedes-type truck to send technical commitment equipment to the protest that was to be held in that location on the next day, by what means during the truck movement has attempted to violate all police officials in office, it is said in the indictment.

According to the indictment, police officials Lulzim Borovci, Qamil Gashi, Besim Ibrahim Ibrahimi, Safet Veliu, while Qamil Behrami, in front of the truck, is hit in the body, where the blow falls to the ground, but at that time does not require medical treatment.

With these actions, the Prosecutor in Pristina has charged him with the criminal work “Pingim of the official person in performing official duties” by Article 409 paragraph 1 of the Republic of Kosovo's Criminal Code.

Otherwise, in the argument of the ruling on the passage of territorial competence, from the Constitutional Court in Pristina, at the Constitutional Court in Pristina, the branch in Drenas, said that the judge of the case, Sultan Hoti, at the request issued on November 11th 2019, based on Article 39, paragraph 3 of the Constitutional Code of Criminal Procedure of the Republic of Kosovo, has reportedly sought exemption and delegate of the territorial competence of this criminal authority, with the argument that here, Pristina hired his father, Fatmir Fatmir, the Constitutional Court in Pristina, which has been considered appropriate circumstances for this court's decision.

In order not to question the objectivity and impartiality of the Foundation Court in Pristina, it has proposed that this case be prosecuted and decided by another court within the territory of the Constitutional Court in Pristina.

So, based on these reasons, in order not to create dilemmas in objectivity and impartiality in the case of establishing this criminal case, and considering that in this case these circumstances present actual obstacles to the development of the procedure is decided to approve the demand for territorial competence to be passed.

The Constitutional Court in Pristina, on November 13th, 2019, has made a decision with which Sultan Hoti's request has been approved for exemption from prosecution and ruling on the criminal case.

For proceeding and deciding on this criminal case, it is set to pass territorial competencies from the Constitutional Court in Pristina to the Constitutional Court in Pristina, the branch in Drenas, which the criminal case will judge, Judge Shefqet Baleci.