Charged for slander, former deputy chief prosecutor Sevdije Morina demands 20 thousand euros in compensation from former prosecutor Silas Hoxha

Morina claims that former prosecutor Syla at the conference held in March 2015 as the prosecutor's task attorney has been gravely insulting and slandered against her at the time he was a member of the Prosecutor's Council, prosecutor and the task of chief Special Prosecutor's Office.

According to the indictment, on such slanders and insults, Sevdije Morina is seeking 20 thousand euros in compensation from former special prosecutor Syla Hoxha.

At this feasibility session led by Judge Progress Zeka, the parties that have presented their claims on this case.

In this regard, plaintiff Morina's representative, lawyer Albana Kelmendi, stated that it is no conflict between the fact that on March 16, 2015, indictee Syla Hoxha, at the organised press conference, has seriously offended the plaintiff and slandered her.

So, in this case, we're dealing with slander and insults from the indictee, and he's done this with open paper, through his addressing the public. We have proposed to the court to administer as proof the address of the indictees where on page 14 par.1, expressly addressing the media, citizens, saying: “is initiated by two prosecutors, Mrs. Sevdije Morina, who continues what betman Morina started in 1999”, said lawyer Kelmendi, <x3Betim for Justice”.

The same reports were proposed by the court to administer as proof the letter the indictee Hoxha read before the media that day.

According to lawyer Kelmendi, referring to the Law for State Prosecutors and the Law for the Prosecutorial Council, prosecutors are obliged to refrain from statements that violate family members, honor, authority and a person's reputation.

I think the plaintiff, that's a fact of Mr. Behemman Morina's sistership, but what's the same cause connection to the same has continued what the defendant highlighted in this public publication. So with this plaintiff, it's been a huge damage to him, considering his position in the Prosecutor's and Prosecutorial Council. So public interest, in the concrete case, has been misinterpreted, because contempt in family and private reports, does not present public interest in the sense of the slander and insult law”, lawyer Kelmendi added.

The explanation, according to lawyer Kelmendi, also constituted the statement made by indictee Hoxha that day, that the plaintiff had conducted meetings with Serbia's war crimes prosecutor and that international warrants were being issued to Kosovo citizens based on documents obtained by the prosecution, where the prosecution acted.

“How does this prosecutor reason that during all this time, he has held meetings with the war crimes prosecutor in Serbia and how Serbia explains that at all times Serbia issues international arrest warrants against Kosovo citizens with the same documents that the prosecutor handles. Do you know about this and what it is to be responsible for you personally as part of the management in this prosecutor”, says the quote read by lawyer Kelmendi.

In this regard, lawyer Kelmendi has proposed that letters of mail be administered as evidence sent by the plaintiff to the director of the International Juridical Co-operation Department of the Ministry of Justice, Arber Gegaj.

To verify the alleged damage, lawyer Kelmendi has proposed to the court to appoint experts from the forensic psychiatry field, namely psychiatrist Jeton Zogaj.

These claims of the prosecution party have rejected plaintiff Hoxha's representative, lawyer Diamond Zekaj, reports “Justice Trust”.

According to lawyer Zekaj, on the basis of evidence and claims included in the indictment, no legal elements related to slander and insult have been met, reports the “Justice Trust”.

According to Zekaj, statements made by the indictee in quality of the task of Kosovo Prosecutorial Council chairman (KPK) are protected by Article 10 of the Law for the KKP, which was in force in 2015.

This article guarantees immunity for Council members and the same enjoy immunity from prosecution, civil indictment or dismissal for actions committed, decisions made, or expressions of opinion, which are within the scope of their responsibility, as members of the council”, said attorney Diamond Zekij.

Later, Zekij has added that if the plaintiff had been convinced that the indictee had insulted and slandered her address, he had the opportunity to initiate disciplinary procedure against indictees Hoxha, which he claimed was not undertaken by the prosecution Morina.

Lawyer Zekiaj stressed that the questions his client has put forward on the conference's day against the Morina plaintiff are not personal nature, but that they have been addressed within the competencies of the task of KKP leader, a function exercised by Hoxha during that time.

“In terms of claims filed in the indictment, the indictee is addressed with questions about whether he has any knowledge of the actions that are taking place, in the institution she is leading, and has not been addressed to the plaintiff for any personal matter, and these questions have been addressed within the jurisdictions of the chief prosecutorial council, respectively, on Article 4 of the law. The KKP, where the tasks, competencies and restrictions of the council, stipulates that the council oversees the administration of its prosecutors and personnel, including the Special Prosecutor of the Republic of Kosovo, which was at the time led by the indictment”, Zekiaj added.

He has proposed to the court to administer as proof the processes of the KKP meetings, since the indictee has been appointed.d. The chief state prosecutor and the leader of the KKP, in August 2014, until the admission of the chief state prosecutor's position to Alexander Lumezi was made in April 2015.

Also, as evidence of management near this court, Zekij has proposed decisions concerning the extension of the prosecution's mandate, the way of voting, including stem processes and audioimincisions, as well as the performance report during the time the indictment has been in the SPRK.

Afterwards, Judge Zeka took the decision to administer in the main review the evidence that has been attached to the indictment, while refusing the indictee's proposal for obtaining higher evidence and that of lawyer Kelmendi's obtaining expertise from the psikiatria issue.

The main examination hearing in this case was scheduled for October 14, 2021, at 9: 30.

According to the indictment filed on May 5, 2015, it is said that indictee Syla Hoxha on March 16, 2015, at the organised press conference held in the meeting hall at the former Ljubljana Bank building in Pristina, in the quality of the State Chief Prosecutor's taskruing, has been gravely insulting and slandered against plaintiff Sevdije Morina, as a member of the Prosecutor's Council, prosecutorial prosecutor, and the task of the chief prosecutor's office.

As reported in the indictment, the indictee at the media conference insults the plaintiff and her family by saying “has initiated my dismissal by two prosecutors, Mrs. Sevdije Morina, who continues what was started by Beftman Morina in 1989, and supported by Idain Ismajli, who during the nine years he served as judge until the time of just prior to 1999, and the same one served Slobodan Milosevic's regime and observed those discrimination laws that we fought with peaceful means until 1999-17x1>.

According to the indictment, this indictee Hoxha has strongly offended the plaintiff and her family by alluturing us family who do not live for a quarter of a century, and the insult of indictees to all electronic and written media has caused the plaintiff to feel bad at his place of work, at his family and in his community, causing him tremendous damage to his position as a prosecutor.

According to the indictment, at the same time, at the same conference the indicted publicly slanders the prosecution of whether the indictment was a fraud of the chief prosecutor's office, by its actions has damaged citizens and the Republic of Kosovo, meeting with the Prosecutor for War Crimes in Serbia and providing them information on the basis of which the Prosecutor for War Crimes in Serbia has issued warrants to citizens of the Republic of Kosovo.

On the basis of the indictment it is said that the indictee slanders the criminal's reputation for prosecution as prosecutor and fraud of the chief prosecutor's office knowing that information is not true but is exactly its opposite.

Always according to the indictment, the indictees' claims reportedly do not stand to argue that the same one has known that by May 30th 2015, the competencies of the Kosovo Special Prosecutor have been in the hands of Eulex prosecutors, and special prosecutor prosecutors have had no competence and have never held any meetings with the Prosecutor for War Crimes in Serbia.

The indictment reportedly went to the Department of International Jury Co-operation in the Ministry of Justice, with answers to Serbia's message on paper asking the relevant Department of Justice not to prosecute such cases when dealing with citizens of the Republic of Kosovo.

According to the indictment, the indictee, acting in opposition to the Law Against Slander and Oppression, is responsible for slander and insults against the plaintiff, causing moral harm and damage to reputation by slander and contempt, as the same have been done through public information means and at a public meeting.

Therefore, the indictment reportedly requires the prosecution of the Court to issue a plea under which indictee Silas Hoxha is owed to the plaintiffs Sevdije Morina tokaya paid the amount of 20,000 euros, for moral damage, damage to her reputation and personality, with legal interest from the date of causing damage to the final payment.