IKD: State failure to “Cobra”

According to the Constitutional Prosecutor in Prizren, on 3 January 2023, it is suspected that after the conflict over the payment of a utility bill at the “Cor City”, a 31-year-old man died, until another was injured. Until the death of the 31-year-old allegedly came from the weapon that was fired from a recivilisation of criminal acts, Dibra Hoxhaj, or as known as the nickname “Cbra”.

The published analysis states that IKD, through platform “The Justice Trust” in February 2022, had reported that Hoxhaj has 16 condemned acts of formal form. This media genocide was promoted as having committed 198 criminal acts, until it revealed that all of his criminal past began with the opening of the upper house.

IKD through this analysis, suggests that of the 16 analysed acts, the same was sentenced to parole and fine sentences, and in none of the acts was convicted of effective prison sentences.

Until more than twice has been convicted of illegal weapons. But that these sentences would not prevent the same from again possessing weapons, and committing more serious criminal acts, such as the life deprivation of a person, as the Constitutional Prosecutor at Prizren” is suspecting, says in the IKD analysis.

According to the IKD, in all these cases, the possibility of applying the harshest sentences to him is envisioned, but that in none of them, the same has been sentenced to effective prison, even after the same had repeated these criminal acts and was recivilist. For the criminal acts for which Hoxha was convicted, the penalty under law has amounted to up to 10 years in prison.

According to the IKD, the case “Cobra” is an incompatible case and an example in which the justice system has failed to prevent the perpetrators from performing criminal acts in the future and to do its rehabilitation, and the once failed to protect society from a criminal offenser, through unaccomplished punishment policies, respectively, through fine sentences and consecutive sentences, as a result of non-action in the rehabilitation of a retype of criminal acts by the justice system, is a person deprived of life.

In addition, the IKD through this analysis stresses that in democratic states, where the law rules, independently and impartially, where integrity of the justice system is strictly protected, in the circumstances of the case “Cobra”, the Kosovo Judiciary Council (KGJK) and the Kosovo Prosecutorial Council (KPK) would have to be alarmed by the failure of the justice system, in preventing a recivilist from committing criminal acts and protecting fundamental law, guaranteed in any democratic society, which is a person's life. According to the IKD, so far unfortunately, so far, even in this case these institutions have not reacted, as there was no institutional response even in the case of the Saim Domazet murder.

The published analysis states that Hoxha's continued genocide had not contributed to more severe measures against him and Hoxha had no access to the weapon. In this case, according to the IKD, the institutions of justice should explain to the public how it is possible that a recivilization of this criminal act still ends with access to weapons allegedly committed by a serious criminal act, as the deprivation of a person from life.

The IKD in this analysis stressed that such situations would have to be alarming, in order to hold all official persons responsible, who, with their non-action or action, fail to meet their obligations and responsibilities stemming from the law and Constitution of the Republic of Kosovo and attribute it to a climate, where persons with a past criminal volume are found in freedom and easily promote crime and commit criminal acts.

All of this according to the IKD in front of institutions that have the prevention, investigation and conviction of perpetrators of criminal acts. Institutions have chosen to silence and have taken no action in finding the responsible in this link, the failure of institutions. /Periscopi/