Criminal charges against Donika Gervalla-Schwarz

Maloku, through the criminal outcry that has already been deposited near the Constitutional Prosecutor in Pristina, has stressed that this <x0 war>” against him is being done for revenge motives.

The career diplomat has directed him to MPJD Secretary-General Behar Isma and to members of the Commission for Restructuring, Imer Ladrovci, Lulzim Hiseni and Besim Berisha.

He has mentioned two reasons that the MPJD, according to him, Gervala is continuing to be unable to get back to work, respectively. The first suspicion of misuse of automotive purchase and second case breaking the door in his office in the MPJD.

“...And for reasons of revenge why I have reported before this decision and the State Prosecutor I have denounced allegations of misuse of vehicle purchases by MPJD subjects at State Prosecutor No. PPN/I number 40K-2022 and that I have denounced the case of the forced breaking of my office in the MPJD where it was the Office of the Foreign Members Union of MPJs case case at Officer No.202. 2 - AB-2672 of the 28.09.22, objectively to have my regular working relationship cut short, enabling my application of the date 06.12.2012 and by transferring me completely illegal to the Ministry of Health against law in force, my regular work contract on my 18-year experience.That's right.

What happened before the trial exercise?

On March 13th, Maloku has been announced by the Commission for Restructuring the Ministry of Foreign Affairs and Diaspora, has completed a review of the KPSHCK decision, as a result he has been recommended to have the position of Director for the Department of Finance and General Services in the Ministry of Health.

“In line with Article 15 of the Order No.14/2020 for the Transfer of Civil Works, The DMZP requires you to present your opinion on the restructuring Commission's proposal in five days' time. After taking your opinion, we will review all your claims and after this review the relevant decision will be made in accordance with the mandate of the DMZP. If we don't have a presentation of thought as predicted in the norm acts in power, DMZP, follows your system procedure as we described it above” says communication that Bislim Bislimi director of the Public Officials Management Department has sent to Malokut.

This finding is certainly opposed by the diplomat, Agron Maloku. He has mentioned a number of offenses that he views as taking place. Always citing two preliminary decisions made by the KKPSHCK.

“The recommendation of this Commission for Restructuring for my transfer to the Ministry of Health is third in a row against two KPSHCK decisions, which have declared MPJD restructuring Commission recommendations illegal. These recommendations are not only respecting KPMSHCK's decisions, but are proving their tendency towards me, with final intent and persecution of my departure from the MPJD, causing me irreparable damage to the loss of foreign service member status and therefore the illegal interruption of my diplomatic career.”, says Malokut's response.

“Referring to my experience in MPJ as a top diplomatic career diplomat, the headman of the Department of Economic Diplomat, since the establishment of MPJ in 2008, experience in important positions in the diplomatic/consultual missions of the Republic of Kosovo, and finally in the position of the Administration for Joint Services at the MJD, transfer to any other institution not only is not in accordance with my experience and foreign service legislation, but also in opposition to the KP decision as a result, I cannot agree with such a proposal. Accepting such an illegal and discrediting proposal would violate my professional and personal dignity, and the dignity of the person is one of the fundamental principles, embedded in the Constitution of the Republic.”, he stressed.

“The KKPSHCK has outlined the legal basis under which the foreign service is handled with status and in particular, with the Foreign Service Law, ordering MPJD carriers to implement such a decision, but the Commission for Restructuring has violated the KPSHCK decision and legal provisions related to foreign service by transferring me out of the MPJD. It should be added that after receiving this announcement on the restructuring recommendation of the Commission for Restructuring, I feel that I am disinherited in view of the dual and discrimination criteria applied by the Commission for Resytructure and MPJD management, never reporting on their work methodology...”, positioned Maloku.

For the criminal record of Insider, he has even provided his lawyer, Jevdet Smakqi, who said they expect the prosecution to investigate the case.

“Z . Agron Maloku as a career diplomat has won his case twice in the Independent Council in a row because of the illegal transfer and despite the Council's rulings as an all-powerful executable Mr. Maloku in this case, MPJD has not met the obligation of the Council's decision, and as a result, Agron Maloku has considered that criminal acts were committed to him by Article 218 violation of rights from the labour relationship, and on this basis he has exercised a criminal outcry which the prosecution is expected to investigate.”, Smaqi said.

In February for the second time, career diplomat Agron Maloku won the battle with the Ministry of Foreign Affairs and Diaspora, specifically with minister Donika Grovalla. That is based on the approval that KKPSHCK has made Maloku's request.

The complaint by former Foreign Service Union Association Chairman Agron Maloku was approved by the Independent Council for the Kosovo Civil Service. Maloku was illegally transferred from the Ministry of Foreign Affairs and Diaspora to the Ministry of Health.

The newspaper Insider had secured the KPSHCK decision, which abolished the MPB and MPJD's decision.

“The decision No.144/2022 of the 10,11.22 of the Department for Management of Public Officials at the Ministry of Internal Affairs, while forcing the Restructuring Commission at the Ministry of Foreign Affairs and Diaspore to issue merit reports concerning the reporting system in accordance with the legislation in force, as well as judicial views as in the argument. MPJD Secretary General Obliged to Get the necessary administrative northships for implementing this decision within 15 days' deadline”, said in decision.

We remember that this is the second time Maloku charges MPJD, he had previously indicted Minister Gervala for slander.