The murder of two Maloch brothers: Family suspects evidence manipulation, demands justice, retrial

Three years after the tragic incident where Shani and Bahri Maloku were killed in their home, the victims' family is still on the run. On November 14, 2019, the Constitutional Court in Gjakova had acquitted the accused of murder, Besim Maloch. He had been sentenced to 20 months in prison for illegal possession.

For the same criminal offence, the Court in Gjakova had sentenced the other victim's cousin involved in the case to nine months in prison, Blerim Malokun, while the same was not charged with the criminal offence of the serious murder. The same sentence was confirmed by the Court of Appeals, which confirmed the first - instance verdict in Gjakova. The case in question is concluded in the Supreme Court, whose family's decision is in store.

The Maloch family, with a letter addressed to the news.net, has expressed its bitterness and disappointment with the institutions of justice that failed to finally resolve the case.

The family doubts that in the case of the two brothers ' murder, there were manipulations and misconceptions.

We as a damaged party express deep concern about the case of Agony Tetaj's murder, and all those who had the same fate with us, where the institutions of justice did not function. In the case of Tetaj, the flow of tragedy is clearly seen through videoization and justice institutions manipulate various interpretations by protecting criminals. But in cases of homicides where there is no record of manipulations with other evidence and misinterpretation are even greater, as in the case of the killing of the Maloku brothers”, the family letter on news.net says.

They put other claims on the form of an indictment, which is left out of Blerim Maloku, who has only been convicted of illegal weapons.

In this context, they press charges against the former prosecutor of the case, Agron Matjan, now late, that he deliberately carried out actions which led to the innocence of the accused.

Three years after the murder of the Maloch brothers we as their family were left disappointed by the institutions of justice who failed in the act of justice. As family members, we appeal to the highest-level prosecution to take steps to retrial the case. Remember, the case has been initiated with a deliberate act, leaving the chief murder suspect Blerim Malokun out of the indictment, by the late prosecutor Agron Matjan, who after having filed the indictment had been suspended because at the time he was accused of exactly raising the charges in such a way as to ease the sentences for the accused. Amazingly after the First Stairway Court ruling, he committed suicide. His suicide has certainly come as a result of these misappropriations and the pressures he's had from accomplices”, said further on paper.

They say that even during the trial, they have demanded that former prosecutor Mattyan come to the hearing and provide his explanations for the dismissal of the indictment of Blerim Malokut, who, according to family claims, was shown to have been on the scene at the critical moment.

They even say that the judge rejected this request from the family because he was threatened.

His death case is very suspicious of us. Through the lawyer, we've asked him to be invited to the Matjan hearing and to give an explanation for the dismissal of major murder suspects Blerim Malokut, who the witnesses testified to seeing him at the scene, but this was rejected by the judge who was threatened with prison several times by the lawyer of the accused during hearings. All our complaints to the competent organs for violations during the development of judicial processes were not taken into account by responsible persons. We expressed disappointment at monitoring sessions, where hearings were held without recording the reasoning of the lack of equipment, the failure to mark all those told by witnesses, experts, lawyers, on the part of the judge”, say further from the family.

The Maloku family puts away other claims that witnesses may have been manipulated, since the same statements changed.

They also have complaints about the Appeals ' decision to prove him on the first scale.

The judge did not take any action against witnesses who changed statements, he did not seek responsibility for all those who gave false statements about the event, false alibis by the accused and their family, in view of the fact that they are all proven by police reports and processes, unconfirmed facts (identification of the killers, shelling, hiding evidence of weapons, damaged). All of this influenced the First Century Court's decision. Even greater disappointment came with the Court's decision that Appeals, who did not examine at all the complaint he addressed, simply interpreted the same decision. We as a family damaged that killed two innocent members on the doorstep will not give up on seeking justice and deserving punishment of the guilty, said at the end of the letter.

According to the indictment, filed on November 30, 2018, accused Besim Maloku is charged with taking the life of the Shani brothers and Bahri Maloch on March 9, 2018.

He is also accused of risking Ulyssus, Hysni, Gemajl and Africa Maloku's life, in a way that accused Maloku along with his brother, Blerim Maloku, have entered the victims' home to steal, where Maloku's trust had automatic rifles “AK-47”, calibre 7.62 x 39mm.

According to the indictment, now the late Shani and Bahri Maloku have been playing cards with Hysni, Africa and Ulyss Maloku.

Always in accordance with the indictment, Alban Maloku has gone to the victim's house and when he entered the backyard he noticed the accused and the same was screaming, and at that moment all the people who were playing with cards and running to capture the accused and on the way to the neighborhood, leaving the accused Besim Maloku has fired on his automatic rifles toward the brothers of Shani and Bahri Maloku and the same man have been deprived of life and then, along with the accused Blerim Maloku, have fled the scene.

In this move, accused Besim Maloku was accused of committing the criminal acts of “serious murder”, from Article 179, paragraph 1, subparagraph 1.5, 1.6 and 1.11 of KPRK and “holding in unauthorized possession of weapons”, from Article 374, paragraph 1 of KPRK.

While, Blerim Maloku, was charged with the criminal offence to hold unauthorized possession of the weapon by Article 374, KPRC's paragraph 1.

Full letter, no interference from the Maloch family: