The appeal continues to the 21 suspects in the <x0 case for two months in detention Subvention”

The appeal continues to the 21 suspects in the <x0 case for two months in detention Subvention”

The Court of Appeals has confirmed the Constitutional Court's decision in Pristina, with which it has continued the detention measure for another two months, 21 suspects in the “case. Subvention” This court has also given the first-degree decision to 9 other suspects whose measures [...]

This court has also put the first-degree decision on 9 other suspects whose detention measure had been replaced with that of house arrest.

The Special Department of the Foundation Court in Pristina, on January 2nd, 2022, defendants Ramiz Ramosaj, Halil Hasani, Nijazi Ibrahimi Bajram Gashi, Jeton Sylaj, Granit Lubeniqi, Union Mani, Deli Metaj, John Musollija, Edward Musollija, Dukagjin Mavray, Sadush Kabashi, Halit Avdij, Semeddin Metaj, Halit Berisha, Fatmir Shala, Burim Selmani, Azfli, Lujaj, and Burbanaj had continued the move for two months of detention.

While defendants Lulzim Kurti as official at the Agency for Agriculture Development (AZHB), Festim Omaj, Milit Basha, Leonard Musollaj, Dine Zogaj, Adrian Ramqaj, Aferdita Gjonaj, Sevdije Celi, Alban Novosella, the detention measure has been replaced with the measure of house arrest in length of 2 months, from January 3rd to March 2022.

Against this first-instance decision, the complaint to the Court of Appeals had filed suspects through their defenders.

These complaints were filed due to the breach of KPPRK's provisions, the wrong and incomplete violation of the actual situation, the mistaken confirmation of the actual situation, violation of criminal law, violation of constitutional rights.

According to the defence, no legal conditions for continuing house arrest and detention had been met because, according to them, suspects could not influence witnesses or evidence because, according to them, statements were received to the police and prosecutor.

Similarly, the first-instance court has not taken it because criminal acts cannot be repeated after the same were suspended from work, some of them have health problems.

According to Apel's assessment, the act of the First Court is just and law-based because there is doubt that the defendants committed the criminal acts they are suspected of.

According to Apel's decision, the judge of the preliminary procedure has estimated that several suspects who were farmers had applied and benefited subsidies in 2019 and 2020 illegally, exploiting municipal property, private property without authorisation by their owner, presenting false and inaccurate facts with the case of applying for subsidies and benefiting many different types of money, using contracts to rent land that are allegedly forged.

Also, Apel's decision says that these farmers had influenced AZHB officials in order to get their names on the list of subsidy beneficiaries, reports the “Justice Trust”.

The first-degree court with the pending agreement has provided context reasoning in relation to the legal basis for continuing detention and house arrest, because there is a danger that if defendants are found on freedom, they could take action in annihilation of evidence or hiding them”, it is said in the act of placing Apel.

According to Appeal, since the same ones have communication between themselves, they can be co-ordinated for finding and disappearing or changing material evidence, because the PSRK had not yet seized all evidence.

And according to Apel, there is also the danger that if the same are on freedom, they will influence witnesses who have previously witnessed in the police to change statements and may also influence witnesses who have not yet been interviewed.

“If defendants are found in freedom they can influence one another even after they are defendants with the aim of co-ordination among themselves and there is the possibility that the same can sync their defences”, it is said the act of Appeal.

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