Appeals turns the case against minister Haxhiu of others in retrial over the case of tear gas in the Assembly

Under the decision provided by “Justice Vow”, which turns out to have been taken on October 14th 2022, is said to have approved the Constitutional Prosecutor's complaint in Pristina and violated the act of Basic Court of Pristina and the case returns to the first-degree court in the retrial.

The Constitutional Court in Pristina on May 18th 2021, in the absence of evidence, has cleared them of unlicensed weapons charges -- Justice Minister Albulen Haxhiu, MP Pal Lekaj and former deputate Donika Kadaj-Bujupi and Besa Battiu -- on charges of throwing tear gas in the Kosovo Assembly.

However, against this act of complaint, the Constitutional Prosecutor in Pristina had filed, where at the hearing held on October 6, 2022, this prosecutor had demanded the return of the case to the retrial.

The Constitutional Prosecutor in Pristina had filed complaints, due to substantial violations of criminal procedure provisions, due to violation of criminal law, and due to the wrong or incomplete confirmation of the actual situation.

The complaint had filed the defender of the defendant Paul Lekaj, lawyer Arian Koci, while Appeals' Prosecutor's Prosecutor's Prosecutor had proposed that the Pristina Constitutional Prosecutor's complaint be approved as based and that the act of first degree be broken and the subject turned into retrial and establishment.

In the decision, the Court of Appeals reportedly has found the prosecutor's complaint to be based after assessing the complaints, because the offense is involved with essential violations of criminal procedure provisions.

According to Appeal, the reasoning of the act is contrary to itself and no clear analysis and assessment of crucial facts has been given.

However, in reasoning only the allegations of which evidence have been administered in the main review without providing clear and complete rationale and about which fact is proved and which evidence has not been proved by this”, Apel's decision says.

On the other hand, this ruling says that no reasoning has been given as to what its foundation decision has based on during the settlement of the legal case.

Appely, he also found that the first - degree court has not confirmed the actual situation, nor has it confirmed by which day, by whom, and by what was seized by defendants.

According to the assessment of the Appeals Court, it would make it appropriate that at any time and without doubt prove and prove the fact that concrete items were seized from the defendant, in this case tear gas. Then, to become ballistics expert in order that the court on the basis of the ballistics expert's statement provides the data about whether it's something classified by the teargas defendant or anything else that sprays it like spray, like perfume, hair spray or similar to”, is said further in the Apel decision.

Otherwise, according to the indictment set up on April 8, 2016, Pal Lekaj, Besa Battiu, Donika Kaday-Bujupi and Albulen Haxhiu are charged with without authorization having possessed tear gas canisters.

The indictment says that on February 19, 2016, around 12:20, in the Kosovo Parliament hall, after a pause in the Parliament's work, until the accused were returning to the hall during the search by the security workers of the Parliament, the accused had been found and seized by a tear gas tank, which they held without authorization.

For these actions, the four accused are said to have each separately committed criminal work “holding ownership, control or unauthorized possession of weapons” by Article 374, paragraph 1 of the Penal Code.