Defence seeks to stop detention Enver Sekirras

Defending the accused for inciting the killing of Triumf Riza has proposed cutting off the detention measure for Enver Sekiraq and the same thing being decided on the house arrest measure.

Sequiraha's Kosovo lawyer, Kosovare Kelmendi, made this request during Thursday's session at the Foundation Court in Pristina.

She has said that Sekirqa's family offers six mortgage properties as guarantee of the prosecution's presence in the session, reports “Justice bet” traces Klankosova.tv.

According to lawyer Kelmendi, Sekiraqa is located under detention within a decade and that his father was in serious health.

I have an additional reason this time, which is the serious health condition of the accused's father, who has been lying in the hospital in KKUK in Pristina since last week. In this regard the court will also hand over medical documentation to his father's”, lawyer Kelmendi said.

She has said Enver Sekiraqa has been in custody for nine years, violating her fair and fair judgment rights.

“Recall that for a decade of his stay in custody exactly 9 years, many of his family members have died, the endless continuation of the detention measure is a flagrant violation of the accused's right to a fair and fair trial within a reasonable legal deadline”, lawyer Kelmendi has said.

She has said that as the form of a race for securing the presence of the accused Sekiraqa in court review, his close family leaves six properties in the form of a race in the form of six properties that are on behalf of the brother of the accused Sekiraqa, Naser Sekiraqa.

But with this proposal, special prosecutor Haki Gecaj, who has said they were in the retrial and that a lot of witnesses should be heard, so according to him, the proposal for the detention suspension was unfounded.

Regarding this court proposal, led by Judge Agim Kuci has announced he will decide outside the hearing. Unlike at this session, witnesses Adelina, Zafina and Ismaili have been missed, for which prosecutor Gecaj has said he remains close to the proposal that the same be invited back to the next session, as according to him, their testimony is important for the enlightenment of the issue and the actual situation in this criminal case.

But lawyer Kelmendi has asked the court to read the statements of these witnesses, after that, in the past trial, even though the case had been in the retrial, prosecutor Gecaj himself had agreed to read their statements.

But the court has approved prosecutor Gecaj's proposal for the upcoming hearing of witnesses Adelaina, Zafina and Emma Ismaili, whose assurances Judge Kuci has said the Kosovo Police will be ordered to hand over to the same invitations personally.

Unlike that session, witness Kaltrin Berisha, who at the start of the session, declared that her husband, accused Sekiraqa, had a son of his aunt.

The same before the testimony began has said it remains close to statements he had given in earlier stages, asking the court to be released from testimony because, according to her, she should take care of her child for five months.

After the prosecution and attorney Kelmendi have not rejected this proposal, the court has approved the proposal to read its statement on January 17th 2008 in the special prosecutor's office, the statement issued on November 21st 2014 in the past trial and the statement issued in the court review in 2019. The next session is expected to be held on November 15, 2021, at 09:30.

The Constitutional Court in Pristina, for the second time on September 16th, 2019, had convicted Enver Seker Sequirah of inciting the murder of former police officer Triumf Riza and had pronounced him a 30-year term sentence.

However, the Court of Appeals on March 6, 2020, had decided to approve Sequirah's defense complaint by turning the case for the second time into retrial, as according to Apelit, the first degree of judgment was taken in violation of criminal procedure provisions. The secret for the same case was sentenced to May 17, 2016, for two criminal acts for “inciting the commission to commit serious murder” and for the “dyrim” with a unique sentence of 37 years in prison, and had been released for criminal work “rape”.

The Court of Appeals, on October 24th 2017, had held a hearing concerning the appointment of security measures to Enver Seker Sequirah, after the same court on October 19th, in the evening hours, had freed him from custody and pronounced him the measure of house arrest.

For changing the security measure against him, three Appeal judges -- two of EULEX's ranks -- Elka Ermenkova and Anna Adamska-Gallant, as well as local judge Marem Memaj.

But this court, after just two days, had decided to re-enter it again, Enver Sekiraqen, and for that, a photo published on the social network was taken by friends who had visited it after being released from custody.

With this, the second-instance court had estimated that Enver Sekiraqa violated the measure of house arrest he had been assigned. In contrast, at the hearing of the Court of Appeals, which was held on September 6, 2017, where complaints of the parties were considered, Enver Sekiraqa, had demanded that he be released from custody and protected in freedom.

And as a guarantee of his release, Sekiraqa had offered his wealth, including his home, establishment, and a sum of money, which he had said would be collected with the help of his family.

The international prosecutor of the Appeals Prosecutor, Anca Stan, at the September 6th session of the Appeals College, had stated that besides the complaint claims, there was nothing to add, but the same had said that the demand of the defence party to exclude some of the crude evidence is wrong.

In April 2014, the Special Prosecutor of the Republic of Kosovo had filed charges against Enver Seker Seker for three criminal acts, for instigating the murder of Triumf Riza, <x0detyrim” and “raped”, where the first-degree court had declared him innocent.

The prosecution claims the incident occurred in “Swiss Casino” between Sequirah and Riza was one of the motives that led to the killing of Triumf Riza.

In “incident Swiss Casino” had occurred in December 2006, while Enver Sekiraqa and several of his escorts were included on one side, and the late Triumf Riza of Arben Selmani on the other.

Arben Selmani was left in this seriously injured incident.

Triumf Riza was killed on 30 August 2007, the murder for which Arben Berisha has been sentenced to 35 years in prison, while Enver Sekiraqa to 37 years.