Former BQ governor to be compensated for over 200 thousand euros for arrest and keeping it in custody

Former BQ governor to be compensated for over 200 thousand euros for arrest and keeping it in custody

The Constitutional Court in Pristina has partially approved the application for the former governorship of Kosovo Central Bank (BQK), Hashim Rexhepi, who had requested from the Kosovo Judiciary Council (KGJK), compensation of material and no material damage in the amount of 1,953,104.00 euros, due to his keeping in custody, as well as other measures for securing [...]

Such a sum, he had demanded because of claims that from July 23rd to November 23, 2010, he was held in custody, after which he was pronounced other measures as bail and presentation at the police station until February 16th 2011, where, according to the indictment, he had also been released from the act of act by the former District Court in Pristina, the “Voting for Justice<1> reports.

Out of the total amount of 1,953,104.00 euros, which he had requested in the name of material and not material damage that had been caused to him in case of his arrest and staying in custody for four months, as well as other measures, with this year's October 27th act, Rexhepi will be compensated by the state in the amount of 204,307 euros.

In this act, the court has partially approved the prosecution of the plaintiff Rexhepi, so that he has forced the indictee, the Republic of Kosovo ʹ the Judiciary Council, which he on behalf of the non- material damage to dealt with the total amount of 45,500.00 euros, with legal interest such as for the means depositeded in banks without any specific purpose, being counted from the date of taking the sentence to the definition, thus refusing the rest of the requirement in terms of non- material damage.

The court, according to this indictment, had estimated that the period within which the applicant side was caused moral damage due to the collapse of prestige, damage to image and reputation is the period of 172 days.

Similarly, the court had pardoned trust to psychiatric expertise, which says the plaintiff has experienced spiritual pain of intense intensity during the period of restrictions on freedom for four months, as well as the 172-day period where spiritual pain is said to have been of low intensity.

While, in terms of material damage under this act, the court has generally approved it as a basis for the suitor's request, forcing the indictee who on behalf of the missing personal income and other lead benefits, forgiving his financial expertise with the version from the period where the plaintiff has been fired on July 23rd 2010 and the expiration of the governor's mandate on March 26, 2013, to pay him a lot of $109,34,350 euros in the name of the wages, while in the name of the pension contribution from 12,486, to the maximum salary of 12,200 euros on behalf of the country's total savings of Kosovo, in the country's total, in the country's March 15,700, in the country's total, in the Euro security.

While the court has rejected the rest of the requirement as regards the period since the mandate of the BEC governor's mandate, from 26 March 2013 to November 30th, 2019.

Also, the court has approved the expenses of the court procedure in many of the 3,328.00 euros, reports the “Justice Trust”.

According to this court indictment on the basis of evidence has proved that the indicted with the proposed agreement itself for equaling the KDR on March 8, 2012, which the prosecution side had not agreed with, the same has full legitimacy for the plaintiffs to compensate for material damage, missing gain, and the moral damage he had suffered due to the submission of criminal procedures, residence in detention and other measures.

The court is said to have applied the provision of Article 354.1 of KPP, with which the right to present the damage compensation suffered for unreasonable punishment and unfair legal procedures, as well as Article 200 al.1, Article 155 and 277 of LMD, for compensation of damages and non-legal materials, as well as for the 451 LP to create court expenses.

By contrast, on October 6, 2020, the representative of plaintiff Adnan Pacolli had pre-mandated the demand by which the plaintiff has demanded the court to impose the indictee, the Republic of Kosovo, the KRC, respectively, that he compensated for the non-matial damage in the total amount of 1,63,000 euros, as well as the material damage and the profit of the amount lost of 323,1,040 euros, with the legal daggers from March 27, 2012, as well as the cost of the contestary procedure in 3,850 euros.

Meanwhile, at the main review hearing, which was held on October 9, 2020, the final word was given by the inter-trial parties.

According to the indictment exercised on 27 March 2012, plaintiff Hashim Rexhepi is calling for the Kosovo Judicial Council, compensation for material and non- material damage, for his stay in custody for four months, as well as other measures such as the customs and presentation at the police station until 16 February 2011.

The indictment reportedly had been appointed to the post of Kosovo Central Bank General Director, where the same task had been exercised until July 23rd 2010, and the same was suspended because the detention measure was set against him on that date.

As reported in the indictment of the plaintiffs, the indictment was determined with the reasoning that criminal proceedings were conducted against him under the indictment filed by the Special Prosecutor of the Republic of Kosovo for several acts marked in this indictment.

Always according to the indictment, plaintiff Rexhepi, in custody has remained from July 23rd to November 23rd 2010, following the detention measure against the plaintiffs has been pronounced other security measures, such as the dorzenia and the move to appear at the Police Station and by February 16th 2011.

The indictment reportedly states that the plaintiff on the basis of the former District Court's decision in Pristina to issue on January 11th 2011 has been acquitted of the indictment, and therefore concludes that illegal legal procedure was conducted against the plaintiffs, which represents legal grounds for compensation.

Given the indictment's development of the procedure against the plaintiffs standing in custody on bail, as well as the provision of appearance at the Police Station, have caused the plaintiffs to suffer considerable material and moral damage, where he had lost his career and consists of losing wages for the work he did, as well as for the lost gain, in the inability that, because of these measures, he was unable to achieve income.

Also in the indictment reportedly the KDR, the plaintiffs have tendered for extra-trial deals on compensation for material damage and not material in the total amount of 15,903.03 euros, where this offer was considered extremely low by the plaintiff and the agreement had not been reached.

By this indictment he is asking the court to force the KDR to compensate for the material and no material damage caused because of keeping him in custody, as well as other measures to ensure his presence.

 

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