Appeal leaves Jabir Zhark in custody

Zharku was arrested in December 2019, under suspicions that during the years 2008-2010, he committed the criminal act of abuse of official duty or authorisation, at the time he was chairman of the Kacanik municipality, reports the “Justice Vought”.

The Foundation Court in Ferizaj, the Randa Crime Department, with the verdict of May 4th, has continued the detention measure to defendant Jabir Zharku, in two months' length.

Against this rule of law, the defendant's defender, Albana Kelmendi, has filed complaints.

It had punished the ruling due to essential violations of the Penal Procedure Code by Article 173 and Article 187 and the wrong application of material rights, with proposals to be approved both based and complaining action to be changed, so that the defendant is protected in freedom or is pronounced another measure ensuring the presence of defendants in criminal procedure, prior to Article 173 of the PRK.

Kosovo's Appeals Prosecutor had proposed that the defendant Jabir Zharku's defense complaint be denied.

The Kosovo Court of Appeals, at the college session, has reviewed the subject's papers and assessed that the complaint is not based.

“In complaint, the defendant's defender stresses that, out of the reasoning of the complaint act, the court's position is flawed based on the factically verified state to make the decision as the device of the complaint act. Further in the complaint, it is noted that at this time of Global Pandemia, the circumstances created and to put emphasis on the fundamental principles of justice that are binding on law enforcement and that are superior to national acts. According to the defence, the court has not properly examined and analysed all the facts, evidence and reasons put forward by the prosecution, because the conviction under penalty for criminal acts that are charged with the defendants, then the fact that the same was previously on the run, does not justify continuing the house arrest measure and that the court has not provided sufficient explanation as to why it considers the danger of escape or why this danger cannot be prevented even through other alternative measures<1>, it is said in the act of Appeal.

Also reportedly, the defence has considered there is no basis for continuing detention according to KKPPRK's 1.2.2, because it is unclear and unreasonable how the defendant can influence witnesses, while witness names do not know either the defendant or the defence.

According to Apel's assessment, the above complaints of complaint are groundless.

“In the complaining act, the pre-procedure judge has correctly justified the suspicion that the defendant carried out the criminal acts allegedly stemming from evidence collected up to this phase of the procedure, such as the initial report of the incident, of the date 11,06.2015, the process of taking the F.D. witness statement, of 10,04.2014, the prosecution's statements of the defendants. BT of the 0805.2014, the process of questioning the suspects of Jakbibir, as well as other counts in the court's interpretation of the first instance, and the arguments that are going to be verified. While the first-instance court has given sufficient reason on the legal basis for which it has assigned the measure of detention to minors and that it has acted correctly when it has assigned the same measure according to the provision of Article 187 par.1 under the par.1 of the KPPRC”, Apel says in the decision.

Kosovo's Appeals Court has rightly assessed the first degree decision, since there is a suspicion based that the defendant has committed the criminal acts that are imposed on him, there are also special legal grounds for continuing the measure of detention against him, reports the “Justice Vought”.

In view of the fact that in the concrete case, it is a serious criminal offense for which the defendant is put up with a fairly high sentence of imprisonment, if convicted, it can then be concluded that there is a real danger that the defendant can escape or flee for the purpose of avoiding criminal responsibility”, it is said in Apel's decision.

Furthermore, the fact that the defendant has previously been on the run to avoid another criminal procedure and the fact that he is a citizen of the Republic of Sweden is a powerful indicator justifying fears that he could do the same again, thus affecting the procrastination of criminal procedure. So from the above, the continuation of the detention of the defendants, conform Article 187 par.1 subpar.1, 1.2.1 of the KPP, is necessary because of the security of his presence, with the aim of successful implementation of the constitutional procedure”, the verdict is said to follow.

Also, this court has estimated that the first instance court has found that there is a legal basis for continuing detention, even conforming the provision of Article 187 paragraph.1 under paragraph 1.1 of 1.2.2 points of the KPP, because there is reason to believe that with the finding of defendants in freedom, using its authority as former head of the Kacanic Commission, the evental ties, past authority, can affect witnesses of this case and in this form prevent the normal course of investigation, especially when it is known that the case is an early prosecution of the prosecution and that must take the necessary steps.

“For higher reasons, this court estimates that the first-instance court has acted justly when the defendants continued the detention measure, because other measures made by Article 173 The KKPPRK's are inadequate for ensuring its presence in the procedure and in the normal flow of criminal procedure, so with the aim of successfully implementing the criminal procedure, continuing the detention, considered necessary, while the defence complaint was rejected as unsubstantiated”, it is said in the act of placing Apel.

By contrast, Jabir Zharku, in 2011, was sentenced by EULEX to 3 years in prison for criminal acts “due to” and “arme without permission, while then fled from Kosovo, where he had lived in Sweden and in some cases had participated in Kosovo institutions' organisation.

In the Scandinavian state, he had lived for nearly five and a half years, until June 7, 2018, he had returned to Kosovo after the execution of his sentence had passed.