The accused in the “Proto” case requests Appeal to be acquitted of the prosecution

The three accused during this session have called for Appeals, to be rejected by the Special Prosecutor of the Republic of Kosovo (PSRK), and the same as to be acquitted.

The defender of the accused, Grabovci, lawyer Florent Latifaj, has said that court hearings have been held Thursday, where the same have called for the court's act of basic judgment in Pristina to be proven, dated 3 January 2020, where the accused were acquitted.

“I have requested rejection of the prosecution's complaint and was confirmed by the Constitutional Court “Act on Justice”, defender of the defendant Grabovci, lawyer Florent Latifay.

Even the defender of accused Sadat Gashi, lawyer Mahmut Halimi, has said that during this session, they have proposed that his defender be released, because according to him there is no element of the criminal offense for which he is charged.

Otherwise, in April of this year, the Supreme Court has violated the court's justice of Appeals, June 30th 2020, and that of the Supreme Court, September 29, 2020, of the condemned part in the “Proto” case, with whom it has annulled the sentences imposed on former Kosovo Democratic Party President Adam Grabovci, as well as on Ilhami Gashi and Sadat Gashi.

This Supreme decision had come after defenders of the accused had addressed this court at the request for protection of legitimacy.

Otherwise, the case had also gone to the Supreme Court with complaints from the Special Prosecutor and defenders of the accused.

But, in November 2020, the Supreme Court of Kosovo, through a media communiqué, had indicated that it had rejected special prosecution and defender complaints and had confirmed the condemnation of the Court of Appeals, against the three accused in the case known as “Proto<1>, Adem Grabovci, Ilham Gashi and Sadat Gashi.

They were charged with criminal work “violation of the equal status of citizens and residents of the Republic of Kosovo in co-ordination”, reports “The Justice Vow”.

The Court of Appeals, on June 30th 2020, had partially changed the first degree act in the case of “Proto” and convicted Adem Grabovcin, Ilhami Gashi and Sedat Gashi for criminal work “The violation of equal status of citizens and residents of the Republic of Kosovo”.

Adem Grabovci, who had been acquitted of charges from the first degree, has been pronounced a unique sentence of 1 years and 2 months in prison, a sentence that will not be executed unless he commits any other criminal offence, in length of 2 years. Grabovci has also been denied the right to be elected and banned from exercising functions in public administration or public service, in length of 2 years, following the passage of the period of probation of parole, reports the “Justice bet”.

Ilhami Gashi has been pronounced a unique sentence of 1 year and 4 months in prison, which the sentence will not be executed unless the accused commits another criminal act, in length of 2 years. He has also been denied the right to be elected and has been barred from exercising functions in public administration or public service, in length of 2 years, following the passage of the period of parole verification.

While Sedat Gashi has been sentenced to prison terms for eight months, which will not be executed unless the accused commits a year-long criminal offence. He has been denied the right to choose and has been barred from exercising functions in public administration or public service, in length of 2 years, after passing the period of parole verification.

As for other defendants in this case, Besim Beqaj, Zenun Pajaziti, Nijazi Kryeziu, Arbenita Pajaziti, former Secretary of the Ministry of Internal Affairs, Fatmir Shudreaj, Ismet Neziraj, Xhavit Daj and Rejazi Abazi, Apel has rejected the Kosovo Republic's special prosecutor's complaint (PSRK), confirming the first degree legalisation act, reports “Betim for Justice<2.

The complaint against the Appeals Court's decision had brought the protector of Grabovci, lawyer Florent Latifaj, defender of accused Ilhami Gashi, lawyer Guzim Kolqaku, and defender of Sadat Gashti, lawyer Mahmut Halimi, who have also appeared at the hearing held at the Supreme Court on 29 September this year.

After the hearing, the Supreme Court had decided to approve the Court of Appeals ruling.

The Supreme Court's <x0.>Colegy in the criminal case against indictees A.G., I.G. and S.G., due to criminal acts in violation of equal status of citizens and residents of the Republic of Kosovo, deciding on the Kosovo Special Prosecutor's complaint and complaints of convicted defenders filed against the Act of the Special Court of Kosovo, after holding the public hearing, on 29 September 2020, with the PAP act. II.r.3/2020, denied as groundless the Kosovo Special Prosecutor's complaints and complaints of defenders of the accused, A.G., I.G. and S.G., while proving the Act of Court of Appeals.”, was said in the Supreme Community.

Otherwise, the Constitutional Court in Pristina, on 3 January of this year, had declared a free trial against 11 indictees in the case known as “Proto”.

Former Kosovo Democratic Party President Adem Grabovci, former minister of innovation and entrepreneurship Besim Beqaj, former deputet The PDK, Zenun Pajaziti, and eight other indictees have been acquitted of criminal activity “violation of the equal status of citizens and residents of the Republic of Kosovo in co-ordination”.

According to the chairman of the court, Judge Shashivar Hoti has not proved that the accused committed the criminal work they are charged with.

Otherwise, the trial in this case was initiated on November 15, 2018, where at the initial hearing the accused had been declared innocent, reports the “Justice bet”.

On the other hand, at the session, which was held on February 4, 2019, the defense of accused Adem Grabovci, Besim Beqaj, Zenun Pajaziti and others in the case known as “Proto” had rejected the indictment.

However, the Constitutional Court in Pristina, on April 3, 2019, had confirmed the indictment against Adem Grabovci, Besim Beqaj, Zenun Pajazit and others in the well-known case “Pronto”, as it had rejected the defence requirement for dropping the indictment and rejecting evidence.

Among the 11 accused are former PDK parliamentary group chief Adem Grabovci, former minister of innovation and entrepreneurship Besim Beqaj, the current deputy The PDK, Zenun Pajaziti, former head of the Prizren municipality's Parliament, Nijazi Kryeziu, former head of the Union for Supply to the Ministry of Health, Arbenita Pajaziti, former Secretary of the Ministry of Internal Affairs, Ilham Gashi, former Deputy Minister of Labour and Social Peace, Fatmir Shudaj, former political adviser to the MPB, Sedat Gashi, Ismet Neziraj, Daj and Axajazi.

They are accused of committing criminal acts “The violation of equal status of citizens and residents of the Republic of Kosovo in co-ordination”, from Article 193 paragraph 4 concerning KPRK's paragraph 1, concerning Article 31 of the KPRK, of which some of the works have remained attempted.

According to the indictment, the defendants have misused their official positions by co-operating among themselves in granting privileges and illegal priorities to those who have competed in important positions, such as directors for central public companies, chief executive of the Agency for the Internal Affairs, head of the Agency for Medical Products and Co-ordinator of the Civil Record Centre in the Cline, denying and restricting the freedoms and rights of other candidates, guaranteed by law. The criminal issue of employment and division of office, based on party affiliation and personal reports, has been addressed for a long time, the problem of Kosovo's citizens, law enforcement agencies, as well as the media and civil society.

This case was published by public media, revealing employment actions and methods within tight interest groups, under which the prosecution's investigation has been launched, which resulted in the establishment of the indictment.

This work, which these officials and former officials are accused of, according to Article 193, paragraph 4 of the Republic of Kosovo Criminal Code, is punishable from 6 months to 5 years in prison. The main protagonist of what has been described as “Aphera Proto” has been the former deput of the Democratic Party of Kosovo (PDK), Adem Grabovci.

In 2011, talk had first been published in the media by several EULEX wiretaps, where Grabovci was heard conversing among other things with current President Hashim Thaci, Chief Prime Minister Kadri Veselini and other policy persons, primarily PDK.

Grabovci was then being investigated by EULEX for corrupt acts in the quality of Deputy Minister of the Ministry of Transport and Telecommunication, but these investigations against him were closed in lack of evidence.

In these wiretapping involving a period of two months, November - December 2011, Grabovci and his co-talkers, including current minister Besim Beqaj, deputy The PDK, Zenun Pajaziti and several other people are heard negotiating employment of persons close to the PDK in various institutions as board members, directors of companies and independent agencies.