Case “Stanta 1” begins retrial hearings against Ferid Agani and Gani Shaban

In this case, Ferid Agan and Gani Shaban are charged with criminally misusing official office or authority.

Former Health Minister Ferid Agani and former Health Ministry Secretary (MSH) Gani Shaban had been found guilty of misusing the official position in April 2019.

Agan had been sentenced to two years and six months in prison, and Shaban had two years in prison. But after the complaints, this sentence had been annulled by the Court of Appeals in December 2019, and the subject had become a first - degree retrial.

The State Prosecutor, on June 15, 2016, had filed charges against former Health Minister Ferid Agani, MS Secretary General Gani Shaban and 62 other people for criminal acts “the abuse of official position or authority”, “bribe taking”, “bribery”, <6> irresponsible medical treatment”, “The illegal anti-law against legal activity and pharmaceutical> <x-8> and <x>

On February 26, 2018, this case was isolated in three parts, so accused Agan and Shaban are tried separately, while over 40 public hospital doctors are charged in the case known as “Stanta 2”, while private hospital owners are charged in case “Stanta 3”

Former Minister Agani, along with former Health Ministry Secretary Gani Shaban, is accused of misusing their official position on the case of linking private hospitals co-operation agreements, as well as sharing tools for patients treated in these hospitals.

According to the indictment, which had been changed in the final word held on April 18, 2019, there is a well-founded doubt that between the time period of April 22nd 2012, December 31st, the accused Agani and Shaban, acting in co-ordination with each other and in co-operation with other indictees in this case, Ali Hocaoglu and Borche Petrovski, and violating the public procurement law have misused their position.

Such a thing, according to the prosecution, the accused Shaban in the quality of the secretary-general in the MSH, had signed co-operation agreements on providing health services that were not offered to public institutions.

These agreements he allegedly signed with private hospitals International Medicine Hospital (IMH) and Intermed The EDA, without announcing the tender for providing these services.

While the indictment continues, accused Agan on the quality of the Ministry of Health, allegedly failed to prevent the signing of these agreements, even though they had been contrary to the public procurement law. However, the same had influenced the accused Shaban to become their signature and, after signing these agreements, continued to misuse of official office and authority by overcoming their competencies, where they had deliberately and knowingly not taken action to supply cardiology at QUKU, but rather, in co-operation with Honkaoglu and Petrovski, were paid to the IHM and private hospitals. EDA's worth 4,555,553.00 euros.

There, according to the indictment, Agan and Shaban had committed the criminal offence of abuse of office or official authority, with which they had damaged Kosovo's budget in many of the 4,555,553.00 euros.

Both of the accused had been acquitted of charges charged in the initial review held on February 26, 2018.

Otherwise, when it is about five years since the establishment of the indictment in this case, the judicial epilogue of this charge does not appear even near.

until case “Stanta 1”, had once received first-degree epilog and has already turned into retrial, the other two cases, “Stanta 2” and “Stanta 3” still stands on trial in the first instance. In case “Stanta 3”, only one judicial examination session, and in case “Stanta 2”, several sessions have been held, but the issue still remains in the witness hearing phase.

In this criminal case, investigations were initially conducted against 116 physical persons and 4 legal persons. However, for 56 physical persons, no legal conditions have been met to be included in this indictment, so the same investigations have ceased. After the indictment was filed, the prosecution had renounced prosecution of cardiologist Africa Bekteshi, arguing that the same was wrongly involved in the indictment. /Betimy for Justice