Appellate postponed in case against former IPK chief and two other former directors

Appellate postponed in case against former IPK chief and two other former directors

At the Appeals Court on Wednesday, the trial was postponed against former IPK chief Fitim Shishan and two other former directors, Jethullah Aliu and Valbona Osmani, because the representative of the damaged Q.V. lawyer Besnik Berisha was not equipped with complaints of defenders of the accused. Foundation Court in Pristina on 14 July [...]

The Constitutional Court in Pristina, on July 14th 2022, had acquitted the former IPK chief chief, while having sentenced two other officials to one year and five months in prison on bail.

And we are now aware that there are complaints of the accused, and it is believing that today, as well as conditions, because we have not been given the opportunity to respond to those complaints, such as those elements who are their content and as the minimum right of the injury is. First-instance court is behind obligation. I am now realizing here that there is a complaint, the Mandu community that is only a prosecutor that we have been aware of, but not to charge”, said the protector of the Q.V., Berisha.

The chairman of the court, Ferit Osmani, then asked the same question as whether the subject would like to be turned into retrial or the same could be equipped with these complaints, reports “Justice Vow”.

With the lawyer Berisha case saying he wants to be equipped with complaints, as according to him, it would be a better way than to return to the first-degree court and explore.

Presequently, at the trial panel's hearing, Judge Osmani declares that, against first degree bias, a complaint at the Appeals has filed the Constitutional Prosecutor in Pristina, and defenders of the accused, Jetmir Aliu, lawyer Skender Musa and Faton Hyseni, defender of the accused Valbona Osmani, Florin Vertopti, and the prosecution's complaint of Fitim Shishani and defender of Osmani, lawyer Vertopi.

Judge Osmani said that, against this act, the Founding Prosecutor's complaint in Pristina has been filed due to the misconception of the actual situation regarding a slide of an indictment that falls on the liberation of the act of judgment and due to the verdict concerning the penalty part of the bias.

By all means, he has proposed that an act of law be annulled and the subject be converted into retrial or reinstatement, while in complaint or guilty of changing the judgment, he pronounces prior legal sentence.

And as for the accused found guilty, they have proposed that the most severe prison sentence be pronounced.

On the other hand, the defender of the accused Jetullah Aliu, lawyer Skender Musa and lawyer Faton Hyseni, and him because of essential violations of criminal procedure provisions, violation of the Penal Law, and proof of the actual situation, in which they have proposed that complaints be approved as a basis, the complaining act be changed, and that the accused Aliu be released from the prosecution or subject to retrial.

Also, the complaint has been exercised by defender Valbona Osmani, lawyer Florin Vertopi for all the bases specified as above, with proposals for complaints to be approved as based, the complaint to be amended, and accused of being acquitted of prosecution, criminal responsibility or injury to be annulled and converted into retrial and retrial.

While the complaint response has brought the defendant Fitim Shishan and the defender of the accused Valbona Osmani, the lawyer Vertopi against the prosecution's complaint with the proposal to refuse the prosecution's complaint as unbaised and prove the sentence on the subject of one sentence, while for the point two to refuse the prosecution's complaint and to accept complaints on the part of the defender of Osmani.

Under these circumstances, the next session was scheduled on May 25, 2023.

Otherwise, the Constitutional Court in Pristina on November 4th, 2019, had acquitted the accused of committing burdensome criminal acts.

However, after the prosecution's complaint, the Court of Appeals, on April 27, 2020, has annulled the Constitutional Court and the subject has turned into retrial and re-establishment.

According to the amended indictment in June 2019, Fitim Shishan, Jetullah Aliu and Valbona Osmani are charged with, on July 19, 2013, from 2:00 to July 20, 2013, at 02:50, first in Feriz and then in Pristina, in the quality of official persons near the Kosovo Police Inspectorate, voluntarily, in agreement and consultation between themselves, misusing office and violating official authorisations, have been deprived of the freedom of Q.V, police investigators and IPK have simultaneously denied the same right from contact with the family by telephone.

On the critical day at 2: 00 p.m., the accused Ali, along with the accused Osmani, is said to have gone to a motel yard where they encountered the Q.V. victim, where the accused Ali without any prior orders has seized the injured official gun, badge, and mobile phone.

The accusation is said to have brought the injured to an interview as a suspect at the Ferizaj police station, overseeing the same after no free movement freedom.

By c'errast the injured Q.V. has been questioned as suspected by a police investigator, between 1600 and 500, despite the prosecutor's authorisation of the Founding Prosecutor at Ferizaj to free the injured.

Always in accordance with the indictment charged by Osmani, in consultation with accused Aliu and Shishan along with witness Burim Raqi, have accompanied the injured to IPK offices in Hyvali, where the accused Shishan, where the Q.V, without his consent, was held in an IPK hall, being under constant supervision of the accused Aliu and Osmani.

On the other hand, it is said that it has not been allowed to leave the Q.V. damaged room and IPK building until 23:50, after the eight-hour ban, the same has been taken by DHTQNJ Pristina investigators, who have been consulted and repeatedly with accused Aliu and Osmani.

With regard to this, the injured reportedly has again been interviewed by the loyal Haziray police investigator at the offices of this director and in consultation with the accused Osman has been released.

For these actions, the three defendants are accused of committing co-ordination criminal acts “against the illegal purpose of freedom”, from Article 196, paragraph 3, concerning paragraph 1 and about Article 31 of the Criminal Code.

 

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