Community MP postponed deadline to go to prison

Arifi, who continues to figure as Kosovo Assembly MP, despite the legal loss of this mandate, will continue to be free at least until June 29, 2020.

In a response to “Justice Vow”, Pristina Foundation Court Information Official Mirlinda Gashi has said that following Arifi's request to postpone the sentence, the court has decided that the same sentence is delayed for another two months.

“With a date of 27.04.2020, the convicted for the second time has applied for postponement, which was approved for another 2 months by 28.04.2020. Now the convict E.A. must be notified at the Pristina Pristina Pristina Pristina Pristina Centre on 2906.20 to begin serving the sentence of”, Gashi's response said.

In response to the court for the “Justice Vow”, there is no mention of why the MP Arifi was put to jail.

So Arifi, the February 10, 2020 court, had issued a warrant to announce at the Pristina Pristina Pristina Pristina Pristina detention centre to serve his pronounced sentence.

However, Arifi on March 2nd 2020 had applied for a postponement of the execution of the sentence, which was then approved by the Constitutional Court in Pristina.

The latter had attended the Kosovo Assembly session held on March 25, 2020, where he had also voted for the collapse of the government led by Prime Minister Albin Kurti.

Thus, Arifi had done so, even though according to the Kosovo Constitution and the Law for Rights and Deputies, he has lost the status of Kosovo deputy.

This, since the sentence of one year and three months in effective prison that was pronounced by the Court of Appeals for the criminal offence of subsidies, had also enabled the Supreme Court, reports the “Justice Vow”.

With the Supreme decision taken at the end of January 2020, Arifi has been exhausted from all regular and extraordinary means of opposing his stated sentence.

And since the sentence pronounced against MP Arifi is more than a year in prison, according to the Constitution of the Republic of Kosovo, but also the Law on the Rights and Responsibilities of MP, Arifi also loses the status of the Parliamentary MP.

The constitution of the Republic of Kosovo, at Article 70, paragraph 3, point 6, stresses that the MP's mandate ends or becomes invalid if the MP is sentenced to a formal form of criminal action judicial decision to one or more years in prison.

The same is said in the No.03 Law. The L-111 for MP's Rights and Responsibilities, where it is alleged that an MP will end his mandate before his term is pronounced sentence on him in prison for one or more years in prison.

“1.6. If, by court's firm court ruling, he is sentenced to one or more years in prison”, said at Article 8 of the MP's Law for Rights and Responsibilities, which provisions the end of the MP's mandate.

However, according to the law in question, it is not known whether the automatism MP loses his mandate or the same should resign. Also, such a thing does not clarify even the Constitutional Commentary of the Republic of Kosovo.

In another case, by law in question, the MP loses his mandate even when he becomes unable to exercise his function or if the MP for six months does not participate in the Parliament's plenary sessions or committee meetings, where he is a member.

But for these two cases, the law has provided that the Commission for Mandata and Immunity proposes the Parliament's decision to end the MP's mandate, and then the two-thirds parliamentary vote by MPs present to vote for the end of the MP's mandate.

“For cases from sub-paragraphs 1.4 and 1.5. in paragraph 1 of this article, the decision to complete the MP's mandate is issued by Parliament, with two-thirds (2/3) of the deputies present vote, who vote under the Commission's proposal for Mandata and Immmunity”, the MP Law says.

The loss of the Parliamentary MP's status has also seen the settlement of the Assembly, reports the “Justice Vow”.

This regulation, at Article 25, dot, just like the Law for the Rights and the Deputies, has presupposed that the MP loses his mandate in cases of being sentenced for any criminal offence to a year and more imprisonment.

“d) Sentenced for a crime of imprisonment for a period of (1) and more years”, It says at the point of Article 25 of the Parliament's Order and Parliament, which speaks of the loss of the Assembly MP's status.

So far, on the Kosovo Parliament's official website, Etem Arifi continues to figure as MP.

Similar cases of Arifi had occurred in the past, where former deputists of the Democratic Party of Kosovo (PDK), Rrustem Mustafa, Latif Gashi and Fadil Demaku had resigned from the MP's position after more than a year of prison sentences were confirmed by the Court of Appeals for criminal acts linked to war crimes.

Etem Arifi was sentenced on April 20, 2018, by the Constitutional Court in Pristina to two years in prison on bail, after he was convicted of criminal acts of subsidies fraud.

With two years in prison on bail, for the same criminal offence, the other accused was sentenced in this case, Bajram Gashi,

But, according to the first degree conviction, the penalty will not be executed if they do not perform other criminal acts within the period of verification of three years after the full might of the sentence.

Etem Arifi was also accused of criminally exercising influence, but he was acquitted of the prosecution, since according to the First Court, he was not proven to have committed this criminal act.

The accused had been forced to make up for the Ministry of Labour and Social Management (MPMS) to compensate for 22.900 euros, as well as the Office for Communities in the prime minister amounting to 2,749 euros. If they do not keep the amount in six months, the penalty will be reduced.

And these sentences pronounced by the first degree, following the prosecution's complaint, had been toughed by the Court of Appeals on March 28, 2019, by c përgënjeshtruarast, Arifi was severely sentenced to effective imprisonment for a year and three months.

Likewise, the second instance had exacerbated the sentence even to the other indictees in this case, Bajram Gashi, judging him to an effective year in prison, reports “Best for Justice”.

The second-instance court had charged the two accused, to compensate the Ministry of Labour and Social Management (MPMS), on behalf of the damage caused by the 22.900 euros, while the prime minister's office, at 2,749 euros.

Also, Appeals had annulled the foundation act in connection with the criminal activity of influence for which MP Arifi had been acquitted of charges from the first degree, turning the case into retrial.

However, after Arifi's defense had filed a request for protection of legitimacy, the case had returned to the establishment of the Supreme Court in June 2019, reasoning that the same judges who had ruled over complaints in the phase of confirmation of the indictment had also participated in college that had issued the case.

Even after returning to the restoration, Appeals had decided the same as the first time by retaliating Arifi and Gashi's sentences.

“With the approval of the Special Prosecutor's complaint of the Republic of Kosovo, the DKR Foundation Court Act in Pristina changes, The PKR.r.740/16 of the 20,04.2018 court, in the court's sentence on the sentence, and in terms of the legal appointment of the criminal act, so that this court finds that in the actions of the accused Etem Arifi and Bajram Gashi, as the 1st of the prosecution's device forms elements of the criminal act of neni 336, paragraph 3, regarding paragraph 2 and 1 related to Article 31 of KPR, and for this criminal act deemed Erem Arifi to 1 month's imprisonment, while the 1-year sentence was charged with the 1x 1x) prison.

In addition, according to this act, Gashi will be considered the time spent in the ban from July 1, 2014, to July 3, 2014, as well as stay in custody from June 2nd to July 27, 2016, as well as the time spent in house arrest from July 27th to August 27, 2016.

The two accused have also been obliged to compensate for the amount of 22,900 euros on behalf of the damage caused to the Ministry of Labour and Social Management, while the Prime Minister's Office is 2,749 euros in the three-month term.

Also, as he had decided last time, Appeals has annulled his decision on criminally exercising influence in what Arifi is accused of, turning the case into retrial.

According to Apel's assessment, the first degree has set Arifi free for the criminal work of exercising influence, but in her reasoning, there is no single reason why she has been acquitted.

Because, the first-instance court in the complaining court of the accused Eemem Arifi has acquitted him of the prosecution of criminally exposing the influence of Article 431 paragraph 1, of KPRK, in the absence of evidence he has had to give valid reasoning about the legal basis for which he has released it, while the absence of such a reasoning represents substantial violations of the procedure clause”, the Apel decision said.

In the retrial, Apel has instructed the first degree to eliminate alleged wrongdoing and after managing their evidence and assessment to make the right and legal decision.

Disgusted with Apel's decision, Etem Arifi's defense was again addressed to the Supreme Court with a request for protection of legitimacy, reports “Justice Vow”.

This time, however, his request for protection of legitimacy had been rejected by the Supreme Court college.

We inform you that the Supreme Court has decided on the PML No. 380/2019 on January 30, 2020. The College of the Supreme Court has decided to reject it as unfounded, a demand for protection of legitimacy submitted by the E.A.'s defense, exercised against the judgments of the Pristina and the Appeals Court.”, says the Supreme Court's response to the Law on Justice.

Otherwise, according to the indictment, Etem Arifi was accused of exploiting his MP position to influence the grant of subsidies to the NGO “Ashkali's voice for Integration”, thus securing the amount of 25.646.00 euros.

This money, according to the prosecution, was not used for the purposes it was given, but was adopted by Arifi and Gashi for other people.