Appeals Court Frees Naser Kelmendi of Drug Trafficking Charges

Appeals Court Frees Naser Kelmendi of Drug Trafficking Charges

The Court of Appeals has approved Naser Kelmendi's complaint and cleared him of charges of narcotics trafficking for what had been convicted of the first rate of 4 years and 8 months in prison. Kelmendi is said to have been acquitted of the prosecution because it has not been proven the same has committed [...]

The Court of Appeals has approved Naser Kelmendi's complaint and cleared him of charges of narcotics trafficking for what had been convicted of the first rate of 4 years and 8 months in prison. Kelmendi is said to have been acquitted of charges because he has not proven the same had committed a criminal offence for what he was accused of.The Special Department, after holding the college session, has approved the prosecution's complaint N. K, presented through his av protector. Besnik Berisha, so that on the basis of Article 363 paragraph 1 subpargraphus 1.3, of the Code of Criminal Procedure, the accused N.K has acquitted him of the prosecution, because the evidence administered in the court review does not prove he committed the criminal work for which he was charged by indictment”, the Court of Appeals reported.

On July 31st, Special Prosecutor (PSRK) had asked the Court of Appeals for a harsher sentence on accused Naser Kelmendi, who on May 18th 2023 was sentenced by the Constitutional Court in Pristina to 4 years and 8 months in prison for narcotics trafficking, while his lawyer, Berisha, sought his release.

Therefore, the first degree bias had filed a complaint with Pristina Constitutional Prosecutor, proposing to Apel that regarding this criminal case, the part of the sentence-related decision and issue a harsher verdicts, reports the “Law on Justice”.

Kelmendi also in February 2018 had been sentenced to six years in prison for narcotics trafficking, but Apel had retriald the case. The founder in Pristina had declared him innocent of charges related to murder, organised crime and other provisions of the indictment.

To him the charge was established in 2014. The prosecution charged him with nine 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 with that of home arrest. Afterwards, Apel had turned him back into custody, while on March 17, 2017, he had been released from custody again from the Constitutional Court in Pristina. The prosecutor had complained to this ruling, while the Court of Appeals had approved his complaint by turning him into custody again.

Later, in June 2017, Kelmend was again 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 several other persons “has organised, formed, supervised, led, and led the organised and structured criminal group, or actively participated in this organised criminal group that contributed to the committing of serious crimes, and that singles out the murder of rival leader Ramiz Delaliq-CeloActiv in 2007<1>.

For Delaliqi's murder, according to the Prosecutor, Naser Kelmendi, in 2006, has held a series of meetings in Sarajevo to plan and plot and kill Delaliqi.

The prosecution claimed that as a result of these organised meetings, Naser Kelmendi has offered and has accepted responsibility to identify and employ those who would carry out Ramiz Delaliqi's murder. To carry out this murder, the prosecution has said Kelmendi has hired two people from Serbia to kill Ramiz Delaliqi, on 27 June 2007 in Sarajevo around 23:30.

According to the indictment, Kelmendi for 12 years from 2000 to 2012 “has led a wide structured and organised criminal group, managed and directed the purchase, preparation, transportation, sale and distribution of drugs”.

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.

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