The Afera of the Hydrocentrics, the court refuses to dismiss the indictment against Kusari, Gashi, Beqaj and Rashiqi

The 19 accused in the case known as “The Afera of Hydrocentrals”, in the initial review held on October 28, 2020, at the Constitutional Court in Pristina, have been declared innocent.

In this case, four former cabinet ministers -- Thaci 2, Besim Beqaj, Mimoza Kusari-Lila, Dardan Gashi and Nenad Rassic -- as well as 15 others are accused by the Special Prosecutor of the Republic of Kosovo (PSRK) that they have misused their official position, in the case of privatisation of the distribution of the Kosovo Energy Corporation, reports <x1 betation for Justice<2>.

According to the Special Prosecutor's Act of the Republic of Kosovo, founded on April 10th 2020, Besim Beqaj is charged with being head of the Government Committee for Privatisation (KQP), as well as Mimoza Kusari-Lila, Nenad Rassic, Dardan Gashi and Lorik Fejzullahu, in order to provide any other rich benefit to the person and to cause harm to the other person, have exceeded its competencies.

According to the indictment, the same May 8, 2013, they unanimously voted that the hydropower plants, which generate electricity such as: The Lumbardide hydro power plant, Hidro power plant in Burim, Radavci's Hidro power plant and Hidro power plant “Dakance”, be transferred to the Kosovar Company for Distributation and Energy Supply (KKDFE) and then privatised by the company “Limak-Calick”

The same day, the indictment continues, the agreement for imports, the transfer agreement, the supply agreement, the implementation agreement, the debt agreement and the signing of these agreements has been signed, despite the fact that the same ones have not had to be transferred and privatised because such a thing prohibits the Law for Electrical Energy Regulatory with No. 05-L-04, Article 35, par4.

According to the PSRK, these assets have been under concession, as well as the recommendation of the IFC has been that the same remain within KEK's framework, and with these actions the same have damaged KEK's and Kosovo Government's interests as shareholders, namely, only for monthly rent for the remaining period, the damage is 1,054,000.00 euros, because the same action has had to be paid to KEK and not the privatisation company. And other damage, according to P. The SRK is also the value invested in hydropower plants of 12,628,166.41 euros, which was not registered and presented as the value of pre-privation assets, but privatisation was made according to the value registered in 2003, reports “Justice Trust”.

With these actions, P The SRK charges these with criminal abuse of official position or authority by Article 422, par 2 over Article 31 of the Republic of Kosovo.

P The SRK also charges Flanza Hodza, that in the quality of the manager in the privatisation project commissioned by the Ministry of Economic Development, she has surpassed her competencies, even though she has had knowledge that among assets that will be privatised by KEK at the “company. Limak-Calik” is also found in the hydro power plants, which produce electricity and are aware that the same should not be privatised, has not acted in line with its duties.

Furthermore, according to the indictment, Hoxha has consented that such an act would take place, the action with which KEK and the Government of Kosovo's interests have damaged as shareholders, so that only as a monthly rent the value of damage has been 1,054,000.00 euros, while another is the value invested in hydropower plants of 12,62,166.41 euros, which continues to be caused permanently further.

With this, Hoxha is accused of committing criminal acts of misuse of office or office. Arben Djukaj, who according to the PSRK, is also being charged with misuse of office, acting in quality of KEK Director Management, even though he has been aware that four power generation plants have not had to be privatised because legal grounds are forbidden, the same has neither stopped nor taken any action to keep those assets in KEK's framework.

P The SRK also charges Fadil Citak that, in quality of KEK Board leader, as well as Muj Rugova, Agim Nica, Flamur Kegan and Izet Ibrahimi in quality of KEK Board members, that they have exceeded their competencies, even though they have been aware that among the assets that will be privatised there are four hydropower plants that should remain in KEK's framework, the same on October 15, 2012, that such a move has been caused by the EC and Kosovo government's damage. For this reason, the same people are accused of committing criminal acts of misuse of office or official authority.

To allow the passage of four hydropower plants in question from KEK to the company “Limac Calik”, in an illegal manner according to the SPRK, former KEK Board chairman Gani Jashar and members of the KDFE Board, Burim Basha, Gelor Shala, Naim Hyseni and Avni Alidaj are also being charged.

The same, according to the indictment, have misused their official position, since they have had knowledge that the hydropower plants in question had to stay further under KEK's ownership, have not acted in conformation on their responsibilities, and have allowed the transfer to take place even though it has been forced to protect the interests of the newly formed company.

The prosecution also charges Besnik Haziri that in the quality of the official person, co-ordinator for KEK's deviance, in order to enable any wealth gain and cause harm to the other person, he has exceeded his competencies, since he has been tasked with finalising assets and inventory from KEK to KKDFE, he has not addressed the concession-based hydropower plants, even though he has known that among the assets that will be privatised by the EC <07> Limak-Calik”, including the four hydropower plants in question, thus causing damage to KEK and the Government of Kosovo.

With this, Haziri is accused of committing criminal acts of misuse of office.

For misuse of official position or authority, Krenar Buyjupi is also being charged, who according to the SPRK, as a member of the Board of Electrical Energy Regulatory and delegated to the Governing Committee of Privatisation has exceeded its competencies by accepting the agreement to transfer assets between KEK parties, KKDFE and later to “Limak-Calick”, as legitimate despite the fact that the ZRRE Law, Article 35, par4 has banned such an act.

Thus, with his move, Buyup is being accused of misusing his official position, as well as other indictees have caused the amount of damage to millions, KEK and the Government of Kosovo as its shareholders.