Supreme off detention of several accused in the “case Subventions 1”

This is after the move, set by the Special Department of the Constitutional Court in Pristina on 24 January 2022 and handed down by the Court of Appeals on February 3, 2022, has been changed by the Supreme Court of Kosovo on 15 March 2022, with the presentation at the police station, reports “The Justice Vow for”.

This court, the detention measure, has replaced it with the measure of presentation at the police station, since it has estimated it is not reasonable to continue detention and that the move of presentation at the police station is sufficient to ensure the presence of defendants in the procedure.

Such a decision was made by the Supreme Court college consisting of Judge Valdete Daka, Rim Rasim and Agim Maliqi.

The Supreme Court has found that, in the concrete case, it is not reasonable to continue detention against the defendants under official duty even for other defendants as the most serious measure for ensuring the defendant's presence in criminal procedure, even though the initial conditions with Article 187, par exist. One, below. 1.1 and 1.2 points 1.2.1, Penal Procedure Code.

“From subject paperwork results in no specific or specific circumstances showing that the same will escape, prevent the course of criminal procedure or repeat criminal action, so this court estimates that even with the extent of appearing at the police station it can ensure the presence of the defendants in the procedure, while the detention measure is determined/responded only if none of the alternative measures can be effective in the aspect of the escape or repetition of the criminal work and the development of the criminal process, which such a situation in the concrete trial, according to this trial, the Supreme Court does not exist in the Supreme Court's decision.

The Supremei has approved the request for protection of legitimacy exercised by the defender of accused Sadat Shkodra, lawyer Isa Salihu, until for the other five indictees on official duty has decided to suspend the detention measure.

“Despite the fact that defendants Luan Statovci, Berat Nika, Salih Statovci, Hasan Maxharaj, Zogaj and Pajtim Krasniqi have not applied for protection of legitimacy, this court estimated that the reasons for which the defendants Sadat Shkodra -- who are not of personal nature -- benefit from other defendants who have not filed a request for protection of legitimacy, the 397 KPPC (benifium cohesire) -- also decided on these as defendants' operative in the act of such a judicial verdict of 446 -- the Supreme Court said.

The Special Prosecutor of the Republic of Kosovo (PSRK) on January 15th of 2021 had initiated the first investigative actions in the investigation of several officials of the Agriculture Development Agency under the Ministry of Agriculture, following suspicions of subsidies.

The first suspicions were that at times and in various places they took bribes in various forms, bribed, and shared them in order to illegally benefit rich.

The tools had benefited them by applying for subsidies, or by implementing application and then illegally changing culture from wheat to organic agriculture in order to benefit subsidies.

After conducting investigations for a little over a year, prosecutor Rafet Halimi on February 22nd 2022 has filed charges against 21 persons who charge them with criminal acts “due to use official position or authority”, “Retracturing” and assisting in “Bribery”, “MEDIG, <x> Forging” documents.

With this indictment, Luan Statovci, Sadat Shkodra, Salih Statovci, Berat Nika, Hasan Maharaj, Zogaraj, Habibe Dauti, Alban Bushati, Jeton Sylaj, Lulzim Hajdaj, Musa Neveocazi, Almir Abdurrahman, Salih Kelmendi, Bekim Shala, Fuat Morina, Dukagjin Mavrij, Flamur Zeqi, Daut Kabashi, Kastriot Berisha, Akrem Abrem and Floraj Nimaj.

The initial session was scheduled to be held on 9 March 2022 by Pristina Foundation Court Special Court Judge Kujtim Krasniqi.

However, according to the announcement from the judge's office, the same was cancelled and that the indictment is expected to be returned to completion.

According to the Special Prosecutor's Act of the Republic of Kosovo, Luan Statovci, Sadat Shkodra, Berat Nika and Alban Bushati are accused of committing bribery “by Article 421, par 3 over Article 31 of KPR. And Salih Kelmendi is being charged with helping commit criminal work “bribe”.

The indictment states that from July 1, 2020, to February 24th, 2021, to Pristina and Pec, accused of the quality of official persons and that Luan Statovci- Director for Direct Paying, Sadat Shkodra-Zirtar for Direct Page, Berat Nica Official for Direct Pay from AZHB, Alban Bushati-Administrative Officer at the Directorate for Agriculture in the Payership, and with the help of accused Salih Kelmen's Market Inspector at the Commission's Office of the Committee, acting together with official office or operating with the office of operating with the direct office in their Pajana Commission, and with the assistance of 12,500 euros in direct application. The Green Office has been received by 1200 euros.

As stated in the indictment, Shala originally meets with accused Buraka and Cemendi in the Pejë municipality on 26 August 2020, in name of him and his wife, has applied in the Pec municipality to benefit subsidies for culture, corn and corn and culture, but Bekim Shala meets with accused Bushati and Kelmen at the municipality offices in Pec and have agreed on how to change the application for subsidies, then accused Nika and Shkodra have met in Istog with Shala where they have visited the same property and after the same one they have obtained from the money received in additional subsidies to the witnesses's name of Desmond deputies will be obtained in the names of 30% Shala, promising that the same would earn a grant worth about $100,000.00.

In an indictment, accused Luan Stattovci reportedly has sent all data to his brother Salih Statovci for top farmers in order to change culture, and in that direction, the same sends the data to Almir Abdurman to supply the same certificate and, according to these false data, extracts certificates from the company “Bio- Q-Check” on behalf of Bekim Shala and Arlinda Sefer illegally without having to plant organic agriculture.

The charge in the indictment is said to be that accused Luan Statovci on October 23rd 2020 has sent electronic notice to officials who had brought certificates for organic production to proceed for payment without a report of land control, and that is acting in opposition to the 032020s Administration Guide with which the search for this type is binding 100%.

According to the indictment after the Agency for Agriculture Development executed subsidies, Shala had withdrawn the same and then handed over to accused Kelmendi and Bushati the amount of 92,500.00,000, which before these have shared between 37,064.00.00, while indictees Shkodra and Nica have handed in the amount of 54,000, and these share with him Luan Stavci in Pristina.

While under the charge, Shala, worth 33,800.00, which she had received in the last tranche, failed to hand over to the accused, since the same were arrested on February 24, 2021, but kept the same money for herself and on December 13th 2021 handed it over to the police, while the other 54,000 has stopped it for herself in the name of real subsidies she had planted.

The prosecution claims that with these actions, the accused in co-ordination have caused damage to the Republic of Kosovo's budget in the value of 180,000.00 euros.

The second point of the indictment charges accused Salih and Luan Statovci that between July 1st 2020 and February 24th 2021 in Pristina and in Pec from July 1st 2020 to February 24th 2021, in Pristina and Pec, they have asked Kastriot Berisha for bribes in many of the 90,000.00m in terms of the same application for subsidies.

As it says in the indictment, Kastriot Berisha has originally applied to the Pec Community for the benefit of subsidies at AZHB, and during this month along with Fuat Morina they meet with the accused Statovci who have agreed on how to apply for the conversion of agricultural culture, as if he had planted organic agriculture in order to get involved in the payment list. The prosecution claims that the benefits of this 50 % fund subsidy would meet accused Salih with AZHB officials and 50% applicants.

For these actions, the prosecution claims that indictees Statovci in co-ordination have caused damage to the Republic of Kosovo budget, at the value of 245,000.00.

The prosecution charges Luan Statovci with the criminal act “taking bribes” from Article 421, par.3 related to the KPRK's par.2. Salih Statovci, while tasking him for help in carrying out the criminal act “bribery”.

Even the third point of the indictment charges the two accused Statovci with criminal acts, as at point 2 of the indictment.

At the third point of the indictment, said the high-ranking accused during dates as the highest by Fuat Morina, who has applied to the Pec municipality to benefit subsidies from the AZHB for wheat culture, have sought bribery with the intention of changing culture from wheat to organic agriculture, even though the same one had not planted anything organic. The prosecution claims that the benefits of this 50 % fund subsidy would meet accused Salih with AZHB officials and 50% applicants.

According to the prosecution, those charged with these actions have largely damaged the budget of the Republic of Kosovo, worth 109,520,00euro.

Even the fourth point charges two indictees with the same criminal acts. They are at this point accused by the prosecution of taking bribes from Flamur Zeqiri in order to regulate the same documentation for the profit of the subsidy for organic agriculture.

With these actions, the prosecution charges them with causing damage to the country's budget, worth 54,750.00 euros.

The fifth item of the indictment charges Hasan Maharaj with the criminal act “the misuse of office or official authority from Article 411 par.2 with reference to par.1 of KPRKS and the 20th point charges him with criminal work “with subsidies”, from Article 3224, par.3 with regard to par.1 of KPRKS.

At these points, Maxaraj as an official for Agriculture Development at the Directorate for Agriculture, Forest and Hidro Economist in the Istog municipality, using his sister's personal data, Kumrije Majarraj has applied to this municipality for the benefit of subsidies using counterfeit contracts as she rented and signed on her sister's name as tenants, and as tenants in the name of persons Radislav Pantiq, Milan Popovic, Miljan Voliq, Lagkovovo, Oqhokojkokokokokokoko, Mebrovic, Radovic, Spaqoje Spaqji Spaqjia, Laqjia Shiko Shiqi, Vesko Shiqi, Veskolakovi, Ves Ves Veskoy, Veqi, Veqi, Veskopokovi.

The indictment is then said to have accessed the computer with official Granit Lubeniqi's records without his knowledge and placed the subject in the system on behalf of his sister. Then the ABZH, based on forged data, has executed payments in the name of Kumrije Magaraj in the amount of 42,184.50 euros, then handed over to accused Magyarj.

The sixth point of the indictment charges accused Luan Statovci with misuse of official position or authority” by Article 414, par.2 concerning par.1 of KPRKS, while and Salih Statovci and Almir Abdurrahman that, in co-ordination, they have carried out criminal work “falsification of documents by Article 390, par.3 connected to par.1 and Article 31 of KPRKS.

According to this point, the accused for himself or the other person after the same have been illegally benefited by issuing certificates and counterfeiting documents regarding the application for subsidies that way the accused Luan has originally approached the subject of Zeqiri, Seferi, Shala, and Mahjrah, photographed them and sent them to his brother Salih on the social network <xapp <xapp1>1>, where the same after Berisha's accession and documentation, and Morina sent them to Abdakuman, and in the last quality of the farmer's drug certificate issued against organic legislation.

The charge is said to have been handed over to the AZHB and illegally benefited subsidies. With these actions, the prosecution claims the defendants have caused the RKS budget damage to many of the 550,000 euros.

According to Act 7 point, Jeton Sylaj in the quality of the official's application for subsidies in the Istog municipality, on August 28, 2020, in his office he accepted Dukagjin Mavrej's application, which applied for subsidies for 2020 by illegally using the Istog Community property.

The charge is said to have later placed this app on the system, even though there was disagreement between the digitalisation of the parcels, which was made in the other location and land ownership sheets rented at another location. The prosecution claims that the accused Sylaj has enabled Mavright to profit illegal subsidies, causing damage to the RKS budget worth $1,039.00.

With these actions, the prosecution charges Silencen that he committed the criminal act “the misuse of official position or authority” by Article 414, par 2 over KPRKS's par.1.

The 8th point of the indictment charges the Zogaj Counterfeit that from December 1st, 2020, as senior official for Agricultural Policy in the Istog Community has directly accepted bribes worth 15,000.00 euros from Mavrej for the way they applied and directed the upper subsidies.

With these actions, the prosecution charges the accused Zogaj with the criminal act “bribe”, from Article 421 par.3 related to par.2 of KPRKS.

In addition, according to the indictment's 9th point, Sadat Shkodra and Luan Statovci are charged with committing criminal work “bribery “, by Article 421, par.2 linked to KPRKS Article 31.

As reported at this point, on February 19, 2021, in AZHB, accused Statovci and Shkodra have accepted bribes from Dukagjin Mavrej through the accused Zogaj, so that the same with understanding that the damage has been contacted by Mavraj, and then the same has contacted the accused Zogaj, where he receives the last of 15 thousand euros as a bribe, 11,500.00 euros he stops for himself, while 3,500 euros he hands over to the Shkodra for the purpose of getting into the list of payments that were then charged with 1700 euros.

At 15th point in the indictment, Alban Bushati and Salih Kelmendi are charged with counterfeiting the official document, allegedly causing damage to the budget of 180,000.00.

According to the indictment from July 1st 2020 to February 24, 2021, in Pec and Pristina, with the aim of illegally benefiting property for themselves and other people have compiled forged forged documents and handed over to the Agriculture Development Agency on behalf of Bekim Shala and Arlinda Sefer, in a way that under the preliminary agreement the defendants had had with the accused Shala change the culture of defendants Salihmendi and Alban Bushati in Pristina to AZHB present the requirements of the Parliament for cultural change from culture to corn and cultural changes in the basic culture of the country.

In an illegal way, Shala is said to have benefited from subsidies worth 83,860.00 and Arlind Sefer's value of 96,540.000, then when Bekim Shala withdraws the money from the bank, he bribes defendants Alban Bushati and Salih Kelmendi with the value of 92,500.00, while the rest of the bank stops for themselves.

In the 16th device of the indictment, Bekim Shala is being charged with subsidies fraud, allegedly causing damage to the state budget of 180,000 euros.

The indictment says that between July 1st 2020 and February 24th, 2021 in Pristina and Peja has offered inaccurate data in AZHB, submitting demands on its own and his wife for subsidies for agricultural culture, but after a time with individuals Alban Bushati, changes its application for wheat and corn to organic herbs and is issued with certificates where the AZB then executes subsidies for him and his wife in many of the 180,000.

In the 17th device Kastriot Berisha is accused of criminal fraud by subsidies, by his actions he allegedly caused damage to the state budget of 245,500.00.

According to the indictment from July 1st 2020 to February 24, 2021, with the aim of profiting wealth illegally has been working out subsidies by submitting inaccurate data to AZHB, so that on August 28, 2020, it applies to the benefit of subsidies from the Agency for Agriculture Development.

The indictment reportedly goes to the Peja Community on September 30th 2020 and applies for a change of culture, later accepted by Salih Statovci by a certificate issued by the controlling bodies “Bio- Q-Ceck” by Almir Abdurman illegally paid Salih Statovci the sum $3,500.00 and then on the basis of this executes subvention payments worth 105,000,000 and 140,500.00.

On the 18th device of the indictment, Fuat Morina is accused of subsidies fraud, allegedly causing damage to the state budget of 109,502.00.

According to the indictment from July 1st 2020 to February 24, 2021, in Pec the accused has submitted incorrect data to the AZHB, so that originally on August 28, 2020, it applies for the benefit of the subsidies for wheat culture, which then submits the demand for cultural change and then accused Salih Statovci issues a certificate from “Bio- Q-Check” illegally paid Statovci $3,500.00, then according to this false data executes payments in two installments, 54,760.00, then $5,760.00.

In the indictment's 19th device, Flamur Zeqiri is charged with subsidies, allegedly causing damage to the state budget of 54,760.00.

According to the indictment from July 1st 2020 to February 24, 2021, with the aim of illegal property profiting has been fraud by subsidies by submitting inaccurate data to AZHB, so that on August 4th 2020, it applies for the benefit of the subsidies for wheat culture and which then submits a demand for cultural exchange and which later accused Salih Statovci issued a certificate from “Bio- Q-Check” illegally paid Statov $3,500.00, then according to this false data executes payments in two installments, 54,760.00, then 54,760.00. /Betimy for Justice

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