Appeal partially confirms prison sentence against accused who posted threatening photos of Ramush Haradinaj

The Special Department of the Foundation Court in Pristina had sentenced Blidar Elshan to a total of 20 months in prison unique, for these two criminal acts, reports “Justice bet”.

For his drive to commit terrorist acts, he was sentenced to 18 months in prison, until illegal possession was sentenced to four months in prison.

However, Apeli, after reviewing the complaints, had decided to partially approve the defence complaint, while the prosecution had rejected him as unfounded.

Therefore, Apel has confirmed the sentence pronounced by the court on the scale seen in the 18-month duration for pushing terrorist acts, while for illegal weapons, he has pronounced Elshani a fine of 400 euros.

The Court of Appeals, in the decision of November 11, 2019, has estimated that the knife the accused owned classified as a weapon, but does not constitute a high level of solidarity and efficiency.

This court estimates that under such circumstances, which, in the concrete case, has to do with the possession of a cold 11cm edged knife gun, and in its entire 24cm with its handle, the fact that as such is classified as weapons, however, considering the fact that the accused only owned it, so that from the subject's paper it did not even spread it in public. We should be aware under such circumstances, that such weapons, despite being classified as weapons, do not constitute such a high-level tool of protection and efficiency, so for these circumstances, the court has partially approved the defense complaint with the case and pronounced the fine sentence, as in the extent of the conviction of this criminal act, changing the court's act of first-instance” in the Apel decision.

While, the pleas of defence to pronounce a sentence below the pre-priced legal minimum, in proportion to criminal activity “aimed at committing terrorist criminal acts”, Apel did not assess it as sustainable, reports the “Justice Vow bet”.

In contrast, according to the Special Prosecutor's Act, defendant Bledar Elshani, from August 2018 until January 2019, as manager of a channel on social networks, via photographs and video recordings of the terrorist organisation “ISIS”, openly supporting their terrorist actions such as the latest attacks on the world's “Islamic State”.

Also, according to the indictment, defendant Bledar Elshani, on August 23rd 2018, through the same channel has posted an animated picture with inscription: “Mujahid's favorite melodia is the sapphire's voice during the removal of the head”, and on January 10, 2019, through the same channel, has posted photos with threatening content against former prime minister of the Republic of Kosovo, Ramush Haradinaj, with inscriptions <2 > It will come to an end o Albanian tagta Bijdhjetlah”, made by a masked person and where the flag of the terrorist organisation “is seen in the background ISIS”

With these actions, according to the prosecution, Elshani has committed criminal work “intended to commit terrorist acts”, from KPRK Article 141.

He is also charged that on January 11, 2019, in Drenas, in public place with the ban and inspection of Kosovo Police members in Pristina, the same has been proved contrary to Article 2 under paragraph 1,24 of the Law on Weapons in Kosovo, holding and carrying a cold rifle suitable for causing bodily injuries, and the same has been seized.

With these actions, Elshani is accused of committing criminal work “ownership, control or unauthorized possession of weapons” by Article 374 paragraph 1 of KPRK.

Otherwise, criminal charges against defendants Bledar Elshani were established by the Kosovo Police Antiterrorism Directorate.

According to criminal speculation, all of this has happened with the aim of serious population intimidation or seriously destabilizing the fundamental political and constitutional structures of the Republic of Kosovo.

Also, the Directorate Against Terrorism in Pristina had conducted the raid on the suspect's home, where he was seized a “Iphone 6”, after being found a threatening photograph as well as a knife.

After that, the Constitutional Court in Pristina on January 12th of this year, the person in question had assigned the detention measure.