Appeal confirms indictment against VV deputy Valon Ramadani, charged with two criminal acts

He is accused of throwing tear gas into the Kosovo Assembly and obstructing official persons in carrying out official office.

Under the decision provided by “Justice Vow”, Apel has rejected the prosecution of accused Ramadani's defender, lawyer Naser Soopyan, submitted against the Constitutional Court's act of ruling in Pristina, in terms of controversy and a request to cast the indictment.

The first-instance court, with the ruling of September 8, 2021, had rejected the request to drop the indictment filed by defender Ramadani, arguing that the claims of the same are unstable, unconfirmed and unreputed in any concrete reason.

Against this act within the legal deadline has exercised defender Ramadani, lawyer Soopyan, due to violations of the criminal procedure's provisions and wrong and incomplete confirmation of the actual situation. The same has proposed that the Court of Appeals approve the complaint as based, the complaining decision to change it so as to drop the indictment exercised against Ramadan.

On the other hand, the Preparation Appeals Prosecutor has proposed that the defendant's defender's complaint be rejected as unfounded, while the complaining decision be confirmed.

While, Apeli after reviewing all the subject papers in this criminal case has found the lawyer Sopjan's complaint is not based.

“This court also estimates the fact that in the concrete case what is relevant to this phase of criminal procedure, the fact that the indictment brought against the defendants as such has been compiled in accordance with Article 241 paragraph 1 of the KPP, the same does not contain the fault of a father who is unable to support the continuation of the criminal procedure and that it contains all the necessary elements to proceed in other stages of criminal procedure, and does not stand up as the claims to drop the act, an act of impeaching, an act of insistent support to the constitutional evidence, and that the legal clause is taken, and that there is no way to cast the prosecution, as it expects, in the Ax>Justice Vow”.

Tuje, Apeli has estimated that there are no circumstances that rule out criminal responsibility, that have not reached a prescription deadline, that there are no other circumstances that prevent prosecution, and there is sufficient evidence for a well-based doubt that defendant Ramadan has committed the criminal acts he is accused of.

The “So according to the assessment of this conclusion court as in the complaint ruling is fair and based on law and in accordance with the evidence that is found in the subject paperwork, the conclusion which this entire court supports”, is said at the end of that decision.

Different, In the initial session held on 13 July, MP Valon Ramadani has been declared innocent of the criminal acts he is tasked with..

The Constitutional Prosecutor in Pristina, on July 30, 2019, has filed an indictment against Valon Ramadani, with the reasoning that he committed two criminal acts and “the use of a dangerous weapon or tool”, from Article 375, CPRC's paragraph 1, as well as for “obstruction of the official person, in carrying out the official task”, from Article 409, paragraph 1 KPRC.

According to the accusation, on March 21, 2018, in Pristina, exactly in the Republic of Kosovo Assembly Hall, accused Ramadani, deputy of the Republic of Kosovo's Parliament, in violation of the applicable law on arms, has used weapons in the manner he has lit up and thrown a tear gas tank during the development of the extraordinary session.

The accusation is said to have prevented officials from carrying out official positions, Kosovo's Parliament deputies, in time, the country, and the highest manner, the accused Ramadani has, respectively, from using tear gas and the work of an extraordinary session of the RKS Parliament. /Betimy for Justice

Note: The individuals mentioned in this article are considered innocent unless the court finds them guilty with decision of form.