Appeal cancels the Foundation's decision, restores the case of 11-year-old rape

Periskopi

26 January 2023, 15:49(3 years ago)

The Court of Appeals has approved as being based on the Pristina Constitutional Prosecutor's request, cancelling the Constitutional Court's decision in Pristina for throwing the indictment against five E.R. and S. K, as well as three minors G. R, G.J. and J.S., charged with involvement in the 11-year-old rape case in [...]

The news was made known through a media communiqué from Appeals, which says that by PN-N.n.71/2023 and PN.N.85/2023, the department's complaints to Mitur were approved.

Kosovo's “Court of Appeals, Department of Mitur, with PN decisions.N.N.1/2023 and PN.N.N.85/2023, has approved that the Basic Prosecutor's complaints in Pristina were based on the Department of Mintur's complaints, and it has cancelled the Constitutional Court's rulings in Pristina, the Department of Mitur, which were thrown out as incompletely the PP/I.N.685/22 points of the 21202th and IV22 points. III, and the PP indictment. I.nr.663/2022, respectively. PM.nr. 444/2022 of the date 08.12.22”, said the announcement.

The Court of Appeals has reportedly assessed that the court's first-instance rulings for the dropping of charges, respectively, are the result of essential violations of criminal procedure provisions, which violations have conditioned that the complaints be annulled and cases be returned to restoration.

“The Court of Appeals, after reviewing the paperwork, complaints and prosecution complaints, but according to official duty, has found that the complaints filed should be cancelled and returned cases to restoration, because the rulings are involved in substantial violations of the penal procedure provisions by Article 384 par. 1 points 1.12 in terms of Article 370 of the Criminal Procedure Code because the first instance court has not provided sufficient legal reasons when it dropped the high charges, respectively, the reasons that were given by the court in the first instance for the dropping of charges are unclear and contrary to itself, and contrary to the legal basis for dropping the indictment”, the “Voting for Justice<3> reported.

Yesterday it was reported that the Constitutional Court in Pristina has dismissed the indictment against the five accused, arguing that the indictment, respectively, is incomplete.

Otherwise, Pristina Foundation Prosecutor, the Department for Mitur, after conducting their investigations and expansion, collecting and analyzing evidence, on December 8, 2022, had filed charges against five people: E.R. and U.K., as well as three minors involved in the case, which took place in August 2022, against the 11-year-old.