Basic Reason for Naser Kelmendi's sentence on narcotics trafficking charge

The Constitutional Court in Pristina on May 18th, 2023, had declared a condemnation of Noser Kelmendi over the drug trafficking charge, thus condemning him to 4 years and 8 months in prison.

The “Justice Vow” has secured the judgment in question, in whose reasoning has initially been clarified the case's procedural historicale.

In the Foundation's reasoning, the court is said to be based on statements by two K1 and K2 witnesses, only after declaring them as collaborative witnesses.

According to the court's assessment, notes regarding the meeting between Naser Kelmendi and K2 receive the provative power, since even in previous court reviews had confirmed the meeting between Naser Klemenmend, K2 and K1 in the Igman Forest for the debt K2 to the convicted person Naser Kelmendi.

Always according to the tribunal, the belief has been proven that the meeting in Igman Forest has occurred by the very fact that it went to Austria of K2 with Naser Kelmendi's instructions and that all of this has happened from K2 after he owed Naser Kelmendi.

And, in terms of witness testimony from the K1, the court has explained that he has seen no advantage in his testimony, after having changed his attitude and that change of attitude towards Kelmendi was only linked to drug charges.

The court in its reasoning has explained that it has done the reading of witness R. L, thus confirming that the same had knowledge of accused Naser Kelmendi.

The court, adhering to the recommendations of the Court of Appeals, has read witness testimony from M. KO, H. M, I.H. and S.K. and all of this just to add to the testimony of witness K2, whose testimony has been incriminated in the conduct of criminal work Naser Kelmendi, according to the 8th point of the indictment.

On the other hand, the court, taking the testimony of witnesses H.M. and M.H., has concluded that their figure is criminal for various criminal acts of murder, robbery, other narcotics and criminal acts.

Also, the court after the review has come to the conclusion that witness testimony from M.K. about contacts with the co-operative K1 witness is detailed professionally clarifying their duties to visit witness K2 in prison.

Further, the reason for the Foundation is followed by material evidence, where it managed the transcript of the interview of co-operative witness K2, on March 6, 2013, provided at auto-serving “AU TO Gaz” in Tuzla.

Also mentioned are transcripts of interviewing witness K2 at the same date, but now at the auto site “BHMAC”, where K2 had received authorization to travel with car “VW Caddy” in Austria has also been administered the transcript of K2 interviews on the “Zovko” pump, in the country of Zivinica.

In addition, the forensic expertise of the Ministry of Internal Affairs in Sarajevo -- expertise referring to the passport of witness K2, with which the passport had travelled to Austria -- has been administered.

All these material trials, the court has assessed them as not direct, but as circumstantial or indirect evidence which match each other in terms of the flow of events for witness testimony.

Similarly, the court has administered both Bosnia and Herzegovina's act and November 22nd 2005, where witness K2 was sentenced to 26 years in prison, and this court had taken a firm form.

Also, the court in its reasoning has assessed the testimony of witness K2 as unstable when he says he did not know that in his car “VW Caddy” did not know it was heroin narcotics, since according to the judge, K2 himself had said he saw the package and knew that package.

As far as the court's assessment, the trial survey “Act Kingpin” has clarified how the President of the United States had appointed Naser Kelmendi as “king”, which according to this act appoints persons targeted as major narcotics traffickers.

In the legal selection part, the court has clarified that the subject of the indictment is the eighth point of the indictment and that at this point the rest have not proved that Naser Kelmendi acted as a member of the GOK group, since such a prosecution claim has not been proven.

However, the part of the law enforcement has made a legal review of criminal acts, since at the time of the conduct of criminal acts in effect was Yugoslavia's Penal Law and it has come to the conclusion that under this law for criminal work “production and unauthorised selling of narcotics”, it provides the sentence from five to ten years in prison.

Meanwhile, part of the sentence is said to have taken as grave circumstances the fact that narcotics is distributed, its amount, the involvement of many, the sophisticated method of drug disposal and the trans-border context of criminal activity.

As extenuating circumstances, however, it is pointed out that the court has taken over the past period from the commission of criminal acts and that the accused by the time he committed a criminal offense is not condemned to any firm offense for any other criminal offense.

From the cited reasons as the highest, the court has found Naser Kelmendi to be blamed for the eight-point indictment, thus condemning him to four years and eight months in prison.

Otherwise, on May 27, 2023, “Justice Trust” brought research “The state fails to file justice for Naser Kelmendi, known as the “drug key“, indicating why, despite the Maratonic trial, Naser Kelmendi risks becoming unjudiced.

The Constitutional Court in Pristina, on February 1, 2018, had declared the indictment against accused Naser Kelmendi, who was charged with several criminal acts. Kelmendi was sentenced to six years in prison, only for the 8th point of the indictment, after being convicted of narcotics trafficking.

While he was found innocent of other criminal acts linked to the murder of Ramiz Delaliqi, for organised crimes, as well as other provisions of the indictment, linked to the sale and production of narcotics substances.

In reasoning with this act, the chairman of the court, Anna Adamska Galant, had said that the court had decided to free him from these provisions, since it has not been proven that Naser Kelmendi committed these criminal acts. According to her, the court had estimated there was no evidence to support the murder charge.

In the stated sentence, he was also counted for his past time in custody, while he was obliged to pay procedural expenses in part worth 5 thousand euros. The court had also decided to assign the detention measure to already convicted Kelmendi, as according to her, the sentence is over five years.

But the Court of Appeals had annulled the act of first degree and turned the case into retrial,

The prosecution had filed an indictment in July 2014 against Naser Kelmendi, who was charged with 9 points of the indictment.

Kelmendi, who was tried by a majority court of EULEX judges, was arrested in May 2013, while from that time he had remained in custody until February 28, 2017, when it was replaced by that house arrest.

Later, the Court of Appeals had taken him back into custody, while on March 17, 2017, he was again released from custody by the Constitutional Court in Pristina. The prosecutor had complained to this ruling, while the Court of Appeals had approved his complaint by turning the accused Kelmendi back into custody.

Later, Kelmendi, in June 2017, has again been released from custody to defend himself in freedom, which he does now, since there is no provision for securing his presence in court after he has regularly responded to court invitations.

Special Prosecution Naser Kelmend has charged him with criminal acts: organised crime, serious murder, purchase, possession, distribution and unauthorized sales of dangerous narcotics and psychotropic substances and unauthorized production and processing of dangerous narcotics and psychotropic substances, summed up at 9 points of the indictment.

The prosecution claimed that Kelmendi in co-ordination with Fahruddin Radoncicin, Ekrem Lekicin, Muhamed Ali Gashi, Milovan Jeremic, Lubisha Buhan “Cheme”, Milan Ostojicin, “Sandokan”, Naser Oriqi, Senad Sahinpacin, Nebojsa Vukonovocin, Raseta Stranjan, Benjamin Haliimovici, Edin Ahmetsaki and others, has organized, formed, supervised, led and led or led the organised and structured criminal group, or actively participated in this organised criminal group that contributed to the commission of serious crimes, which singles out the murder of the rival <x4gongster<5> Ramiz Delaliq- “Celo”, in 2007.

For the murder of Delaliqi, according to the Prosecutor, Naser Kelmendi, in 2006, has held a series of meetings in Sarajevo, with Fahredin Radonciqiqi, Ekrem Lekicin, Muhamed Ali Gashi, Senad Sahipasiqi, Naser Oriqi and others to plan and kill Ramiz Delalic.

The prosecution claimed that as a result of these organised meetings, Naser Kelmendi has offered and accepted responsibility to identify and employ the addictions that would carry out Ramiz Delaliqi's murder, for the prosecution's conduct of this murder, has said that Kelmendi committed Strahinja Raseta and Nebojsa Vukonovolic from Serbia on 27 June 2007 in Sarajevo around 23:30.

The attack, according to the indictment, at least from 2000 to 2012, Naser Kelmendi as leader and leader of the wide organised and organised criminal group, has managed and directed the purchase, preparation, transportation, sale, and distribution of a large quantity of heroin, ecstasy, spinnd, and other drugs, through a well-established organised criminal network, including witness K1 responsible for managing and mixing narcotics for Naser Kelmenmen, K2, who has led shipments between Turkey, the Netherlands and the Netherlands, K3thodin drug dealers in Belgrade, Keldon drug distribution manager for drugs and other locations in Serbia, Ferreciman Karqov, Kelovic, who used to have been carrying co-ordinators in search for defence, and searchers for Celafic Kovic/Kovic, Kovic, Kovichovic's Perushrevanov, the others were able to launchers in Turkey.

The prosecution claimed that through well-coordinated routes for narcotics trafficking, large ecstatic shipments were taken from the Netherlands and transported to Bosnia and Herzegovina and Kosovo, where further repacked and transported to Istanbul and drugs taken to Istanbul were transported back through Bosnia and Herzegovina and Kosovo and then shipped to businessmen and distributors across Europe.

Naser Kelmendi was charged with co-ordination with Kl, K2, K3, Liridon Kelmendi, Haris Mehanovic, Sead Akeljic, Zeljko Bozic, Hakija Krlic, Iljier Kastrati, Asm jr Kalac and others without authorization, have cultivated, produced, processed or prepared substances, declared as dangerous narcotics with the intention of selling, distribution or offering them for sale. /Betimy for Justice