The Court of Appeals decides on Behgjet Pacolli's complaint

Through the indictment exercised on March 12th 2021, plaintiff Behgjet Pacolli, former Kosovo president and former Foreign Affairs Minister (MPJ), was looking to indictee Reshat Bandallaj for the 100 thousand euros worth of damage due to slander via social networks, Kosovo's “portal Today Online”, in an article published on May 5th 2020, reports the <x3Betim for Justice<4>.

The ruling, provided by “Justice Vow”, is said to have filed complaints against this rule in the legal terms, due to essential violations of the contextal procedure provisions, wrong and incomplete compliance with the actual situation and wrong application of material rights.

The Court of Appeals ruling says that this court, following the assessment of complaints concerning the amended decision, has found the plaintiff's complaint to be groundless.

On the other hand, in reasoning with this ruling, this court has reportedly found that the first instance has proved that the plaintiff has lost the subjective deadline for presenting the indictment on the basis of legal provisions.

The first-degree court has confirmed that the slander claimed by the plaintiff was due to a05.05.20, when the article was published at the “Kosovo portal Today Online” where the author of the text was marked, the date when even the plaintiff has been informed, - the fact which he accepts in his indictment. From the alleged reasons, the court, referring to the crucial facts and date of the article's publication, to the plaintiff (related to writing and author) and to the start date of the conflict procedure with the 12/03.2021 indictment, concluded that the indictment was filed 10 months after the writing was published, and therefore rejected the same as inefficiency”, in the verdict.

In the argument of the verdict, Appeals stresses that the finding of the first-instance court is right, and the agreed act does not contain substantial violations of the contextal procedure provisions.

The Supreme Court's “Court of Appeals initiated by this state of affairs estimates that the legal position and outcome of the first degree is fair and legitimate, since the act of belonging is not involved in substantial violations of the contextal procedure provisions and material right has been implemented fairly, and it is also not included in other violations of the conflicting procedure provisions that have been claimed by the prosecution with a complaint”, the decision reported.

Also, according to that verdict, Appeals has deemed that the first-degree court has rightly concluded that the indictment is inconsequential and that its rejection is based on legal provisions.

The first-instance court's standing and judicial conclusion is fair and legitimate because in cases when presenting the indictment is related to deadlines, the court is obliged to initially assess the terms of the indictment. In any case after preliminary review of the indictment, when the court finds that the indictment was submitted after the deadline expired, the same in terms of the provision by the Article 391 points (t) of the LPK is dropped down”, the reason is said.

Similarly, Apel's decision states that the subject's paperwork has found that the indictment on the first-degree guykat has been exercised on March 12th 2021, the circumstance that is confirmed on the basis of the giykata's stamp, while slander claimed according to the proven indictment, results in being made on May 5, 2020, through writing made at the “Kosovo port today Online<1>, and since the indictment has been submitted after the pre-represented legal deadline in the 17th of the Civil Law. L-65 versus Slander.

Otherwise, through the indictment exercised on March 12th, 2021, plaintiff Behgjet Pacolli was seeking from indictee Reshat Bandallaj the reward of damage worth 100,000 euros due to slander.

The indictment reportedly claims that the plaintiff Pacolli, as former president of the Republic of Kosovo, former Minister of Foreign Affairs of the Republic of Kosovo, has dedicated his entire vital activity from birth to this day to his family, his country's goods and national issue.

According to the indictment, without reason and without cause, indictee Reshat Bandallaj on May 5, 2020, through social networks, portal “Kosovo Sot Online”, has published a scripture entitled “Reshat Bandallaj-Zhuriani does not stop, Behxhet Pacolli calls it black blood and seeks to face trial”, in which he slandered and insulted the plaintiff.

In the indictment, Reshat Bandallaj is said to publish false facts and statements that he knew to be false, in order to damage the reputation of the plaintiff, his family, and his relatives.

With the same publication, the indictee is said to have used insulting expressions and words about the accuser, who are disparaging, degrading, and humiliating. These statements in this defamatory scripture and insulting statements have deliberately published the spread of false facts and offensive expressions across the social network, which has been read or heard by many others.

The suspect is therefore said to have lied to the facts presented in his publication in the indictment's statements that allegedly plaintiff “Behgjet Pacolli as Serbia's nurse, fascist de la rivet de papaden, as the men have, even though I have not played with the conductor. Serbia's bloody delegation Behgjet Pacolli has two roads... “, adding that the article is filled with personal hatred without any arguments, speculated, with the sole goal of seeing in others the impression that the plaintiff is connected to the agenda that is at the expense of the Republic of Kosovo.

According to the indictment, these statements are no doubt but slander, the used dictionary is insulting with comparisons and calls like “vortex1>, Serbia's “argages fascist”, Serbia's “dermen bloody”, “djemmmmmmbase”, “son of Dedination and Stalin-859>, as well as different ethicalizations, best show the true purpose of the indictee.

The indictment states that the article is strictly a lie and the author's fantasy and that it has nothing to do with the truth, not merely slandering it begins with insulting and insulting statements to the accuser. The expressions “you did not know the blacks of this Serb-rus spy Behgjet Pacolli against the Albanian nation...” or “KE spy of Serbian bloodmen and riflemen...” are derogatory expressions aimed at denigration and humiliation in the public of the other person.

In the indictment it is said the plaintiff does not know the indictee at all, and there is no family or relative report with the indictee.

The plaintiff is said to be unaware of the motive of the indictee's slander and insults of this level, using terms as superior, and that such low attacks are lynching and denigular methods of spreading false facts, which the other person faces a very difficult situation.

Finally, it is said that since expressions used by the ignorant according to law no. 02/ L-65 Civil Law Against Slander and Discouragement is described as slander and insult (annus 3 paragraph 1 points. and b.), and spreading them through publication ( article 3, paragraph 1 c. ) on social networks, plaintiff Behet Pacolli proposed to the court to approve as based on his indictment and request and to prove that indictee Reshat Bandallaj from the village of Zhur, Prizren's municipality has declared and published false facts, slander and insulting words in the writing published on May 5, 2020, in the electronic newspaper “Kosovo today “against indictments Behgjet Pacolli.

Also, through the indictment it was required to force indictee Bandallaj to withdraw published writing by 8 days and be obliged in the future to refrain from any statements about the accuser and his personality. And it is forced that indictee Bandallaj, who on behalf of paying for moral damage, plaintiffs pay the amount of 100 thousand euros on legal interest 8% a year for handing over the indictment to the court, under threat of violent execution.