Falsification of the official document, Enver Peci says the document had three pages and the investigators presented it in two pages

Former Kosovo Judiciary Council Chief ( KJK) Enver Peci, in the witness's quality, has said that the explanatory document on the ongoing mandate of members of the Kusht (PLK) Panel has had three pages, while the document that was presented to him by police investigators has had only two pages.

Peci has issued this statement at the Constitutional Court in Pristina on Thursday in the case in which KDP official Bedri Duraku is being charged for falsification of the official document. Pos Peci has witnessed another former KDP chief, Nehat Idrizi, and former Supreme Court Chairman Fejzullah Hasani. Currently, Peci is a judge at the Constitutional Court, Hasan professor at the University of Gjilan and Nehat Idrizi judge at the Court of Appeals.

I remember that the entry stamp, which is also marked in chemical pencil writing, is 100 % the same, without prejudice over what it was, I can say as a witness that I think it wasn't the same document, the seal has been the same, but the content changes because it had three pages, and this two page”, said the witness Peci.

According to the indictment, Bedri Duraku is charged that in the quality of the co-ordinator in the panel for Release of (PLK) of the KRC has made the drafting of the official document consciously of the false content, so that without authorization the act compiled for the continuation of the term of the panel members has changed, making it the same on two pages, thus changing its content, so that the front page remained the same on the second page has been removed the legal basis for the continuation of the term of PL members.

Responding to the court's questions regarding the content change that these two documents have had, witness Peci said the three-page document has come to an agreement that may come to the continuation of the PLK member's mandate even without the Supreme Court's proposal, while the second document, as much as it remembers, is in some form the nomination of the Supreme Court's proposal to continue this mandate.

The same one said it has asked for additional clarifications from the co-ordinator over whether there should be proposals by the Supreme Court for continuing the term of a member of the Commission for Release with Kusht.

Enver Peci said he had sought the drafting of this legal analysis over the issue by the co-ordinator for the Commission for Release with Condition, in this case by accused Bedri Duraku because he has been more familiar with the issue and especially with the law regulating the PLK, so he has considered to have sufficient knowledge in this regard.

Among other things, the witness has said that as far as the coordinator remembers, there has been no legal obstacle to consult with the legal office as long as he knows, as long as the Legal Office has worked, he has asked for explanations from the coordinator rather than having his own opinions.

Following such statements has been heard in the quality of the witness, even former President of the Supreme Court of Kosovo Feyzullah Hasani.

The same said that by law only the chairman of the Supreme Court was competent to appoint his leader and deputy from the Supreme Court judges and thus had acted by appointing Mrs. Emine Soek for chairmanship of the Kusht-free League.

Hasan said he had built such a practice so that the leaders would not put the leaders twice in line for the fact that he immediately created dissatisfaction with the other judges, but even though he had prepared another candidate to propose it, after a two-month period he had realized that the leading had been re-elected Mrs. Emine Sock.

And I'm basically saying I was worried about the fact that this was done in a non-principled procedure, so I was directed to a letter to the KRC leader, Enver Peci, and there I showed her all without order and at the same time warned her that every job that is related to setting her bail requirements is not legitimate, said Hasani.

He also pointed out that he had warned them that with this action with both legs they are in the criminal zone for abuse of official office by exceeding legal competencies and stressed that if they fail to abolish the decision regarding the continuation of the mandate, it would be forced to prosecute them at the same prosecutor.

After that, no one has initially responded to his request after Enver Peci had completed his mandate in the KRK, while following Nehat Idriz's appointment as chairman and after holding the KDR meeting, the decision on continuing the mandate of Amy Sotic has been abolished.

I think it's important to tell them that this is the first and last time someone has been re-elected in this way by the Judiciary Council, so that someone has been extended the mandate through the Judiciary Council”, Hasani said.

In response to the defence questions of lawyer Naim Rudari, the Hasani witness said that when he addressed the request in which he has expressed his concerns over the issue, reference has had a decision on continuing the mandate and the law of no other documents, since according to him the law was very clear and left no dilemma for otherwise interpretation.

Following these statements, the hearing of witness Nehat Idrizi continued, who had begun his mandate as KDR leader in 2016.

The same was faced with the decision of July 21, 2016, which had the earlier decision of September 25, 2015, to continue Mrs. Emine Saq and declared that the same decision was signed by him.

Adding to the fact that it has been a long time and remembers that this has been the request of Supreme Court President Feysallah Hasani and that such requests are considered at the Judiciary Council meeting, which as a college organ makes decisions which then normally signed by him as chairman.

In the question of the chairman of the court's court, Agim Red over that during the period of his leadership of the KPC, has there ever been an occasion when any member's mandate was continued on the part of the Judiciary Council, witness Idrizi said that at the time he was the chairman of the mandates of the PLK members have always been made with the request of the body corresponding to the chairman of the Supreme Court?

Following such statements, the session has continued with the proposal of material evidence by the Prosecutor as well as from the defence, where, after some remarks given by lawyer Rudari, the parties have agreed they have no further proposals for meeting material evidence.

Under such circumstances, today's session has ended as the next session, which was scheduled for October 12th of this year, is expected to be delivered the defense of the accused Duraku as well as the final word of the parties.

According to the indictment compiled on January 28, 2020, Bedri Duraku is charged with the quality of the co-ordinator in the Commission for Release with Condition (PLK), of the Kosovo Judicial Council (KGJK), making the drafting of the official document of the false content act, so without authorization the act compiled for the continuation of the term of the panel members has changed, making the same one on two pages, thus changing its contents, so that the first page has remained the same page already on the second page has been cleared for the legal mandate of PL members.

In addition, the indictment says that in terms of damage to the witness has been proposed former Supreme Court Judge Emine Cacic for the fact that after the change of the official document without authorisation by accused Bedri Duraku, the same has ceased his term as PLK chairman.

Also, according to the witness-quality indictment, former Supreme Court Chairman Enver Peci and the recording officer under KDR, Zoja Gashi, have been proposed.

With that, accused Bedri Duraku is being charged with committing criminal work “Forging the official document” from Article 43 of the Republic of Kosovo's Penal Code.