Those who once carried the hammer of justice today sit at the dock of the accused

The justices during the exercise of function and decision making are independent, impartial, undirected in any way by any physical or legal person, including public organs”, thus defined in the law for courts.

Though called to separate justice, there are those who sit in the dock of the accused. Not as ordinary citizens, but exercising one of the most important professions of a country, reports the “Justice Trust”.

Four former judges, who once had a justice hammer in Kosovo, are facing the force of the law.

For three of them, this year and the year we left behind in the first court of law has taken a punishment act.

On January 23, 2023, former Judge Leke Praja was sentenced to 6 months in prison for misusing official office or authority. While released from the other point of indictment for legalisation of false content

According to the indictment, Praj in the quality of the judge at the Constitutional Court in Pristina, at the Civil Department, had exceeded the competencies when he had made a judicial decision regarding the property of the “Radio Television of Pristina”, knowing that only the Special Chamber of the Supreme Court of the Republic of Kosovo is competent to manage these competent properties is the Kosovar Privatisation Agency alone.

Along with Judge Prenaj, Hilmi Kastrati, former chairman of Pristina Radio Television Executive Board, Shkumbin Qehaja and Rescue Plana were sentenced.

The court, Hilmi Kastract, found criminal work guilty of “misuse of official position or authority” and pronounced a unique sentence of 10 months in prison.

While the Qhemeyin and Rescue Planne, who were accused of legalising false content in co-ordination, the court sentenced them to six months in prison.

The accused have been charged with paying the amount of 50 euros on behalf of the judiciary, each and only to pay the amount of the crime victims.

According to the indictment, Hilmi Kastrati, as chairman of Pristina Radio Television Executive Board, knowing that N.S. The “Radio Television of Pristina” is in management and management of the Kosovo Privatisation Agency, on May 24th 2018, has compiled the answer in the indictment by No. C. No.3159/17 for confirmation of property rights over the 1781-2 cadastral track on surface 7768 square metre in the “Venternik” district, Cadastral Zone in Pristina, with false content, with which no suitors' claims against Shkumbin Qehaja.

On the other hand, Kastrati was said to have signed authorisation through which he authorized the Planna, the lawyer from Pristina, to represent Pristina's Radio Television, in the Pristina Court.

In the indictment, Leke Prajaj in one of the court reviews had issued a ruling with which judicial reconciliation was approved between representatives of the parties, lawyer Shefki Syla in the name of the plaintiff, Shkumbin Qehaja, and the Plana Rescue in the name of the N.S.S. indictee, Pristina Radio Television, thus confirming that the owner of the upper wheel in the <x0VennikR”, is the indictment Shkumbin Qeja, though all accused of having known that there is no right to property.

On October 24, 2022, another former judge was sentenced. It is Kole Puka, whom the Pristina Constitutional Court has sentenced to a unique sentence of 10 months in prison and 2 thousand euros in fines.

The accused Puka was also awarded additional sentences, seizure of the house with notes as in the certificate issued in Pristina on January 18, 2008. However, the prosecution's second proposal for the return of means to many of the other 30 thousand euros was rejected, since it is considered groundless.

The same is forced to pay procedural spending in the amount of 100 euros and 50 euros for the funding for compensation of crime victims.

Former Judge Puka, the prosecution charged him with money laundering since August 4th 2014. According to the indictment, it has been engaged in criminal activity in 2002-2009, misusing the judge's position at the Municipal Court in Cline, and thus benefiting financial means in millions.

In the indictment it is said that former Judge Puka, in order to hide and disguise his criminally acquired property, has bought real estate on April 4th 2008 at the Communist Court in Pristina, has confirmed the contract on the contract on property trading worth 35 thousand euros.

On the other hand, the indictment is said to leave more traces concerning this real estate, in co-operation with his father, accused Mr. P, the same one had counted real estate in his father's name.

According to the prosecution, with this in co-ordination of the accused Puka have committed criminal work, “The release of money” from Article 32, paragraph 2, points 2.1, 2.2, 2.5 and 2.6 of the Law to prevent money laundering and financing of terrorism. So Mr.P. had stopped procedures after the same man passed away.

Also, according to the indictment, Puka, with the aim of hiding the wealth gained from criminal activity on June 8, 2007, has purchased a residence in Pec, which on October 9, 2007 had been sold to Abaz in the amount of 8 thousand euros.

Also, the accused Cole Puka, on February 20, 2007, as described in the indictment, has bought the real estate from Bora Abazi worth 38 thousand euros (where 8 thousand euros is calculated for the living apartment Abazi, while 30 thousand euros has paid him money).

The Actakuza says Puka, wanting to hide the source of the financial means benefited from criminal activities, the same real estate on April 17th 2009 through the confirmed contract at the Municipal Court in Cline, has sold Kole Duhanaj worth 30 thousand euros.

Indictee Kole Puka was accused of such acts by the Founding Prosecutor in Pristina of committing criminal work “The release of money” from Article 32, paragraph 2, points 2.1, 2.2, 2.5, and 2.6 of the Law to prevent money laundering and financing of terrorism.

In a <x0 mics” on crime are charged with entering even judges Rafet Ismaili and Sali Berisha, for whom the trial continued in 2022.

Rafet Ismaili, a former judge of the Constitutional Court in Mitrovica, the branch in Skenderaj, in February of the year we left behind, was sentenced for second time for corruption, along with him was former police officer Blerim Gashi.

Gashi's Ismali was sentenced to 20 months in prison and to a fine of 1,000 euros, as well as obliged to pay court expenses, 100 euros for the judiciary and 50 euros for compensation of crime victims.

According to the indictment filed on March 4th 2020 by the Special Prosecutor of the Republic of Kosovo (PSRK), Rafet Ismaili in the quality of the Department of the Constitutional Court's General Justice in Mitrovica, the Skenderaj branch and Blerim Gashi in the quality of the police official, have committed criminal work “UREmming influence”.

To the February 11th 2022 ruling, former Judge Ismaili and former police officer Gashi have complained at the Court of Appeals, demanding release from charges or the case return to retrial.

On the other hand, the severity of the sentence is demanding the prosecution.

This is not the first time that a complaint in the second-degree Appeals court is filed against the first-degree court's decision.

On these charges, the Special Department of the Foundation Court in Pristina, in December 2020, had taken a conviction case against them, imposing sentences of two years and six months in prison and of 2 thousand euros in fines for each single one.

The courts had also pronounced additional sentences on them, the ban on holding office in the Public Administration, or on public service for two years after the execution or suffering of punishment.

He will be unhappy with the torment that has been decreed. The SPRK had filed complaints on the extent of the sentence, with which it had demanded from the second-instance court that stiffer sentences be pronounced against them.

In contrast, the Court of Appeals on April 22, 2021, after the complaint, the first degree ruling had been annulled, and the case had been turned into retrial, due to essential violations of the procedure's provisions, wrong and incomplete confirmation of the actual situation, violation of criminal law, and sentence.

The Special Prosecutor of the Republic of Kosovo, on 4 March 2020, had filed charges against Judge Ismaili and police officer Gashi. 2

The Actakuz says that Ismaili has directly accepted rich profits, with the claim that he is able to exercise unjust influence on the official person's decision making.

According to the indictment, former Judge Ismaili on August 28th 2019, in the F.Z. witness's car, while they were traveling together from Skenderaj to Pristina, has received from the money witness in many thousand and 500 euros in order to exercise unjust influence on the chairman of the Foundation Court in Mitrovica. This was the goal for the latter to make a decision to postpone the execution of the prison sentence, pronounced under the court's firm conviction of the Constitutional Court in Mitrovica on July 26th 2018 to witness F.Z., during the length of 4 years 10 months, and the exercise of the same influence on the judges of the Supreme Court of Kosovo for violating the court's high-level bias with the extraordinary legal code, the demand for protection of legitimacy.

While, it is said that former police officer Gashi has directly accepted rich profits with the claim he is able to exercise his unjust influence on the judges of the Supreme Court of Kosovo. And so, the indictment says that from witness F.Z., it has received 1,000 euros.

Sali Berisha, accused of directly seeking and accepting a bribe of 2,000 euros in order to act contrary to his official duty as judge at the Criminal Court.

During the year 2022, the monitoring that “Justice Trust” made of this case was held in 10 court sessions while 6 sessions were postponed.

The Act in this case was set up on 5 February 2020, by the Special Prosecutor of the Republic of Kosovo.

The indictment said that accused Sali Berisha, on September 19, 2019, had met with witness F.Z., who had accepted the amount of 2 thousand euros, according to the prosecution, after agreeing that in a case in which for two criminal acts “smuggling with migrants<1> was charged with the brother of witness F.Z.Z., and thus accused Berisha, as chairman of the panel, to pronounce favourable sentence, in which he had pronounced three years' detentions term within the condition of failing to commit another two years.

For this, he is accused of committing criminal acts “taking bribes” under Article 421, paragraph 2 concerning paragraph 1 of the Penal Code, which is fined and sentenced to prison of three to 12 years.

In addition, Judge Berisha is charging that until September 19th, 2019, he has held without permission a type pistol “Za Mini”, 8mm calibre, along with 10 rounds, which was seized on the case of the raid on his apartment in Pec.

Judge Berisha, in December 2019, was released to remain in house arrest after 3 months of stay in custody.

Otherwise, the Kosovo Judiciary Council (KGJK), at an extraordinary meeting on September 20, 2019, had suspended Judge Sali Berisha following his arrest, under suspicion of involvement in criminal acts of corruption.

The former judges' cases are not the only ones to be tried and are continuing to be tried. Justice is facing former Secretary of the Kosovo Prosecutorial Council (KPK), Dherem Krasniqi, along with Ardian Krasniqi, Marigona Berisha and Flora Doda, for criminal acts “Using official position or authority”, “The exercise of influence” and “falsification of official documents”,

These were some of the cases that the “Justice Trust” monitored and reported on.

In a response to the “Justice Vow”, the Kosovo Judicial Council has indicated that in the last five years there are a total of three judges against whom the indictment has been filed and are suspended until another Council decision.

KPRC's “The nature of criminal acts has been the misuse of official duty from Article 1414 paragraph1, Article 422 paragraph1, KPRK's, and the legalisation of false content by Article 403 paragraph 1 concerning KPRC 31, said spokeswoman Ai Qorraj-Berisha, while adding that there are no officials with leading positions active in courts.

The “Justice Vow” has demanded to know from the Kosovo Prosecutorial Council if there are other prosecutors and officials charged, but until the publication of this article, there is no response. /Betimy for Justice