The court decides for Haris Kelmend, the former policeman who had mistreated a young man at the station.

The court decides for Haris Kelmend, the former policeman who had mistreated a young man at the station.

After returning to the restoration by the Court of Appeals, the Constitutional Court in Pristina has again made a decision confirming the indictment against former police officer Haris Kelmendi and police officer Agon Hyseni, charged that in June 2018, they had mistreated the injured until he was detained at the police station. They are accused of doing the work [...]

After returning to the restoration by the Court of Appeals, the Constitutional Court in Pristina has again made a decision confirming the indictment against former police officer Haris Kelmendi and police officer Agon Hyseni, charged that in June 2018, they had mistreated the injured until he was detained at the police station.

They are accused of committing criminal work “Kest treatment during the exercise of official duty or public authorization. On the other hand, Kelmendi is also being accused of criminal activity “Peging the test or official procedure”, reports the “Justice Trust”.

In the verdict, provided by “The Constitutional Court for Justice”, it is said that in this criminal case, acting according to Apel's suggestions, it has returned to the indictment and sought by the Constitutional Prosecutor in Pristina to bring about the fulfillment of the accusation act and to provide evidence of the defendant Kelmendi's statement.

Returning to that charge, according to this decision Apeli had argued that the criminal act “Peging of the test or official procedure” by Article 386, paragraph 1, subparagraph 1.3 of KPRK, for which the work Kelmendi is charged, provides a prison sentence of 6 months to 5 years.

On the other hand, Appely had stressed that on the basis of legal provisions it is necessary for the prosecution to question the defendant in the preliminary procedure and on the basis of this legal provision, and that the indictment cannot be raised without a statement or the defendant's announcement of the prosecution against him, considering the fact that the criminal act which is the object of this act is punishable by more than 3 years.

Then, on March 10, 2022 The Constitutional Prosecutor in Pristina has handed the tribunal's statement to indictee Kelmendi, delivered on the same day, which was quietly protected.

Otherwise, on September 27, 2021, the Constitutional Court in Pristina had taken a ruling with which it had refused defenders' demands for throwing the indictment and rejecting evidence.

Against this act, the defender of the accused Kelmendi, lawyer Naim Rudari, had been charged with substantial violations of the criminal procedure's provisions because of violation of criminal law and due to error and incomplete confirmation of the actual situation.

The Court of Appeals had found that the complaint is based after the assessment of all the paperwork of this criminal case, so that the court's first court ruling had turned it into restoration.

Otherwise, in this case, accused Kelmendi was arrested by Kosovo Police, under suspicion that during 2018 he physically mistreated an 18-year-old in Pristina police station.

According to the indictment filed on April 2, 2021, by Pristina Constitutional Prosecutor Haris Kelmendi is charged with being indicted on June 26th 2018 at the Central Police Station in Pristina, in the quality of the official person (official police officer), while dealing with the injured L.R. over a case as a suspect, during the prosecution of the case, deliberately misusing his office or authorisations.

In the indictment, accused Kelmendi is said to have mistreated the injured L.R, in a way that caused physical and psychic pain with the form of action in the passive body by hitting him firmly in the face by which the injured shot falls.

And accused Agon Hyseni in the country and high date also in the quality of the official person (police official) during the prosecution, deliberately mishandled the office or official authorisations, mistreating the injured Rama in the way that by hitting him with his hands on the body (directing him the official weapon and putting him in his mouth) with the words that “is looking good when he was throwing a gun at persons during the theft of” and during the time he was in the Police station has allowed to dicitize the abuse of the abuser, with what has seriously damaged dignity.

With these actions, they are accused of committing criminal work “Kest treatment during the exercise of official duty or public authorization” by Article 195, paragraph 1 of the Criminal Code.

On the other hand, the second device of this indictment reportedly on January 29, 2021, in Pristina, accused Kelmendi initially calls the injured L.R. by telephone, calling for the same one to withdraw the statement issued at the Police Inspectorate, which the injured fugitive has refused.

Always in accordance with the indictment, immediately after this the injured one has received another call that has been asked to facilitate the statement against the accused, then the accused has phoned IPK investigator Fitim Zeneli, trying to prevent or delay from communicating other authorised investigators, the prosecutor or the judge regarding the conduct of the criminal act.

For this, Kelmendi is being accused of committing criminal work “Denial of Testing or Official Procedure” by Article 386, paragraph 1,point 1.3 of the Penal Code.

 

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