Shocker: The indictment against Ekrem Rexhepi, Shkelm Kamer, and three others for the violation of 11-year-old

The action was taken by Judge Adnan Isufi, where, according to him, the indictment, the proposal at six points is incomplete, reports “Justice Trust” respectively.

In this decision, which was taken on December 8th of last year, it is said that the Court on the case of the indictment is limited to preventing the epilogue of the criminal case at meritum and the full and final assessment of the qualifications of the criminal act.

Until the trial has yet to begin, the Court is also unable to assess whether the actual situation is fully proven and beyond any doubt on the basis of evidence because it would be entirely biased for the trial epilog”, the verdict said.

Justice Isufi in this decision has stressed that the charge act at point 1 regarding minor G. R, G.J. and J.S., at point 2, in terms of minor G.R., at point III regarding the defendant E.R., on point IV, in terms of E.R., at point V in connection with the U.K. defendants, and at point VI related to minors G.R. and J.S has not been compiled in compliance with Article 241, KPRK, respectively, the accuser act, is incomplete, even after the request for improvement.

In addition, the decision says that the indictment at the top points, respectively, is not clear enough, is confusing and the actual description does not clearly match the judicial qualifications of criminal acts.

According to the court, the easy access to judicial consideration of persons suspected on the basis of an indictment act that does not exactly separate the incriminating actions of each suspected person, and when the actual description is not clearly compatible with legal qualifications, it constituted violations not only of criminal but human rights provisions and inadequate administration of justice.

The decision states that the establishment of the indictment so that the case will be investigated during the trial or that improvements will be left at other stage of the procedure is unacceptable.

The court has not requested clarification on whom the tracking organ charges, nor has it stressed that the tracking organ should not charge anyone for any work. What the court has requested is simply sharing the devices for the incriminating actions of each individual suspected separately and the exact description of individual incriminating actions that materialize in the material provisions of the Penal Code”, the decision says.

According to Judge Isufi, there are dozens of judgments that have been marred and restored to restoration because the defendants' incriminating actions have not been isolated.
Thus, according to the court, shortages are linked to the essential elements that cannot proceed further, so that it has thrown the indictment in order to provide the state prosecution's opportunity to report on minors and defendants to make the necessary analyses to establish the new charge.

In this regard, Pristina Constitutional Prosecutorship, the Department to Mitur on January 18th, 2023 has exercised Ankea against the Constitutional Court Act due to violation of procedural law.

According to the prosecution, the court has confused the investigation phase with the trial management procedure in court and that such judges' beliefs are completely wrong, unacceptable and biased.

The judge without any legal grounds has reportedly decided not to give the prosecution any opportunity to present the outcome of investigations conducted for several months.

The “in the concrete case of Aktakuz and the proposed slides are perfectly clear and understandable, and the actual description is in full compliance with the legal qualifications of criminal acts always relying on evidence in which the incident is based and the proposal” is said in the prosecution's complaint.

In the end, Serbian state prosecutor Selimi-Mucaj has proposed to the Court of Appeals to approve in all of this complaint and cancel the Constitutional Court Act in Pristina-Department for Mitur, demanding that the subject return to restoration, since the consequences in the concrete case are irreparable and irrevocable even for the damaged side, but also for proper justice management.

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.

The news had been made known through a media communique by this prosecutor, where it said the accused were in custody.

“Following the indictment, defendant E.R. is charged with criminal acts “The sex services of trafficking victim”, from Article 228 paragraph 7 concerning KPRK's paragraph 1 and “Trafficking with people”, from Article 165 paragraph 2 connect to KPRK paragraph 1, while defendant Sh.K., in charge of criminal work “The sex services of the victim of trafficking”, from Article 228 paragraph 7 concerning KPRK's paragraph 1,”, the report said.

Also, it was said that one of the minors was tasked with criminal acts “Dunimi”, Article 227, paragraph 8 concerning paragraph 7 and KPRK paragraph 4, “Trafficking with people”, from Article 165 paragraph 2 regarding KPRC paragraph 1 and “You have children's use in pornography<5>, from Article 232 par. One of KPRK.

“