Official: Gazmend Muharari clear of the indictment

Such a decision was made by the chairman of the court, Nesrin Lushta with members Maremaj and Rasim Rasim.

The Supreme Party has argued that the State Prosecutor's claims that the Peja and Appeals Court's rulings on dropping the charge against Muharır were taken in essential violations and violations of criminal law were groundless.

The Supreme Court has stressed that the prosecution with no evidence has argued violation of the criminal law, which would confirm the well-founded suspicion that Gazmend Muharzier has committed the criminal offence of the court ruling.

The request for the protection of legitimacy is claimed that the court cannot be called to two binding grounds for the release of the defendant, as the Peja Court has acted, releasing Muhramer with the reasoning that there is no criminal offence in the actions of the defendant and that there is no sufficient evidence to support well-based suspicion that criminal acts have been committed.

In this request, it is also claimed that the court had not given the prosecutor and the damaged party the opportunity to submit their arguments in the phase of the main examination.

On the other hand, the Supreme relatively to the first claim, has highlighted the fact that the indictment against the Mujahira was laid on two legal grounds, but according to the Supreme One, it does not affect the legality of the arrangements that have liberated Muhajer from the indictment, reports the “Bet on Justice”.

According to this court's assessment, this violation does not make the legal rulings unstable because it has to do with violations of relative nature, without influence in the legality of the constitution”, says the Supreme Reason.

As for claims that the prosecution has not been able to submit evidence, the Supreme Court considers that not any charges filed should be considered in the main examination.

“According to the Code of Criminal Procedure, the prosecution principle does not specify that under any established charge, the main examination should be established, because this code has preceded the prosecution's judicial control before it is presented in the main examination, in order to avoid proceedings on groundless and illegal charges”, says the Supreme Reason.

The Supreme Court stresses that the Peja Court had not violated the criminal law when it came to its conclusion of dropping the indictment on indictees Gazmend Muhhajeri, as according to the ruling Supreme, the injured one was invited to appear at the workplace.

“Based on high evidence, especially, the fact that the injured has returned to the workplace, even though in another position, this court estimates that in the concrete case the defendants' actions do not enter the criminal sphere because they cannot be concluded that they have refused the execution of the court decision, as defined in the provision of Article 402 par.1 of KPP”, the Supreme Court's reasoning is said.

Otherwise, the Court of Appeals on November 21st, 2019, has confirmed the Constitutional Court's decision in Pec, which had rejected the indictment's indictment against the head of Pec, Gazmend Muhrami, accused of failing to execute judicial decisions.

The Constitutional Court in Pec, in August 2019, had rejected the indictment against Muharzier, who, according to the court in the case, Sejdj Blakaj, has taken place because there is not enough evidence to support the well-based suspicion that the accused Muhrami has committed such a criminal act.

In contrast, according to the indictment filed on May 3, 2017, Gazmend Muharzier is charged with being responsible in the quality of the Peja municipality's chairman, as the ruling by the Court of Appeals of Kosovo, on March 24, 2016.

According to the indictment, since the Court of Appeals has rejected him as unbathed, the complaint of the author, debitor of Pec, while the verdict of the Criminal Court has confirmed, the defendant has not executed the verdict in question.

Under that decision, the injured Hysni Selmanaj had to return to the workplace as director of the Interior Auditor, with all rights and obligations, and paying 50% of the pay, from the day of suspension to the implementation of this decision.

Otherwise, the Peja Community had suspended him from work, now injured Selmanaj, with the reasoning that in 27.04.2015, the head of the Pec municipality has turned to the Kosovo Police Economic Crimes Unit, with the request for the launch of investigations to Hysni Selmanaj concerning the alleged illegally different property.

After the investigation into him had begun, as stated in the decision of Prime Minister Mujarır, given Selmanaj's position, it has been estimated that his presence in the office hinders the investigation.