Muharrem lawyer: My client is a native, asked to help with state reserves

Muharrem lawyer: My client is a native, asked to help with state reserves

The Constitutional Court in Pristina, with the decision of August 19th, 2023, has approved the request of the Special Prosecutor of the Republic of Kosovo (PSRK), assigning the detention measure to 30 days (each separately), three suspects for the state reserve, Irfan Lipovica, Hafiz Gara and Ridvan Muharremi. In the decision provided [...]

In the verdict, provided by “Justice Voctim “, it is said that in the hearing hearing, suspects and their defenders, they have rejected the SPRK's claims, on the other hand, it has said they have been secured and other evidence will be provided, which will prove the claims submitted at this stage of procedure.

In the decision, it is said that at the hearing hearing, initially the defender of the suspect, Lipovica, lawyer Durim Osmani, has generally rejected the Special Prosecutor's request for the appointment of the detention measure, with the argument that he has not been tested with articulating evidence of suspicion based, nor the existence of alternative risks.

He said the prosecution claims that Lipovica as an official person has applied to the Government for the issue of the state reserve supply to be done except for the Public Procurement Law.

On the other hand, lawyer Osmani reportedly stressed that the issue of excluding the Public Procure Law is not adjusted to the Law on State Reserves, but to the Special Law on Public Procurement, of 2011.

If a review of the government's decision on the dt.26.2022, a number of 0165 that has to do with the approval of the Public Procure Law, in the concrete case in these two general circumstances, the prosecution claim is that even if not legal in reality it is made by relevant institutions such as the Department for State Reserves after consultation with the legal office, as indicated by the Government's decision that <x1 is suggested for state reserve”, which in the case has had concrete conditions and legal exemption for the Public Law, Osman was quoted as saying.

Similarly, lawyer Osmani at the hearing has stressed that the state reserve issue is a matter for national security in the country.

Also, lawyer Osmani is said to have stated that Lipovica has not made selection of economic operators, and that according to him this is confirmed by the evidence itself, since the prosecution in the paperwork explains that third persons, which is none of the defendants in the hall, have been involved. He also said there is no claim that the payment of advances is being made contrary to the law.

In the end, lawyer Osmani has stressed that a week after the start of the war in Ukraine, the issue of state reserves with the Government's decision has posed issues of public interest, exemption of the Law for Procurement and the payment of advantages to 100%.

Regarding the Special Prosecutor's request, the suspect Lipovica agreed with his protector's claims and stressed that in MINT it has been 13 years and that, despite having significant positions and has been part of very important state issues, he has never committed legal violations. Also, Lipovica at this session has mentioned his academic training.

Suspect Hafiz Gara says he intends to raise state reserves, not something else

The second Special Prosecutor's suspect in the state reserve affair, Hafiz Gara before the court at the hearing, is said to have stated that he has been aiming to raise state reserves in defense of citizens in case of danger.

He said he has over 18-year experience in our institutions, of which 15 years has led a ministry agency as chief executive chief, and that he has only been grateful for achievements.

For suspect Gara, his defender, lawyer Bekim Kelani, has reportedly said he is objecting to the Special Prosecutor's general request for the appointment of a detention measure against Gara, arguing that there is not enough evidence for the appointment of this move.

Also, lawyer Kelan has stressed that for suspect Gara the court must take into account the fact that he is ahead of retirement, has health problems, is a family man, and has never been in conflict with the law.

Lawyer Halimi called the political process the case of state reserves, the Prosecutor's claims to protect him

Finally, the Special Prosecutor's request for the detention measure has been rejected by the suspect's defender Ridvan Muharremi, lawyer Mahmut Halimi, who, according to the Court's decision, has said that as the case, it seems completely political and by no means of material and judicial nature. And that, according to him, in view of the course that has taken place and has pushed the case to this point, there is no loss, no misuse, no theft.

Lawyer Halimi stressed that from reading the request and reasoning of the Prosecutor, it is not known how his defense helped the other two suspects commit criminal acts as required.

“On the part of the device involving defendant Ridvan Muharremi remains the findings which can be deemed fiction because they don't exist, and this relates to the fact that Ridvan Muharremi had earlier contracting relations with the economic operator Yafe turizm from Turkey and that doesn't stand”, Halim was quoted as saying.

According to lawyer Halimi, suspect Muharrem is a brilliant businessman who always responds to his homeland whenever needed. He said that contact with the economic operator from Turkey has had through his restaurant “Buka and Heart”, then stressed that from his defense it has been asked to help with state reserves, find the stock purchase market, which at the time have been critical because of the war in Ukraine and that there has been an embargo on all products at the time.

Lawyer Halimi also reportedly mentioned that 10,000-six tonnes of products required for state reserves have been charged and that such a situation can be proven through relevant documentation. According to Halim, his defender has not linked any mediation contract with the ministry, and his work has begun on voluntary grounds, by personal means.

Meanwhile, for the absence of 52.5 tonnes of wheat, suspect Muharrem, according to lawyer Halimi has not been involved and had no knowledge at all.

Lawyer Halimi before the court has indicated that because of the statesmanism that has Muharrem over the country, the economic operator has told him that if the ministry fails to pay the payments, it will take on itself to pay the debt made.

According to lawyer Halimi for oil and sugar security, there has been almost the same procedure as wheat, making contacts with companies from Poland, holding the talks, and reaching agreement on sending oil and sugar.

And the suspect Muharrem himself, the verdict reportedly supported his defender's objections in all, adding that he came from New Zealand to live and contribute to Kosovo, along with his family.

On the other hand, regarding the lawyer's statements Halimi that this is a political process, special prosecutor Valdet Gashi has said it is an unstable, speculated statement and that the suspect's contacts with the other two suspects have witnessed to him even in this session.

On the other hand, in the decision to appoint the detention measure to the three suspects, the Court has highlighted its findings, where for suspects Lipovica and Gara, there is a well-founded suspicion of having committed criminal work “The use of official position or authority”.

On the other hand, the suspect Muharremie is said to have a well-founded suspicion that in the quality of the informal person, he helped defendants Lipovica and Gara by creating conditions, proposed and negotiated conditions for contracts for the state reserve supply for 2022.

The court has also found that suspects Lipovica and Race for the purchase of state reserve products have implemented procedures contrary to the law.

The decision reportedly says that the director's quality suspect Gara for the Department of State Reserves has addressed other suspects Lipovica, asking him to step in on the agenda at the Kosovo Government's meeting buying products for state reserves, excluding procurement procedures.

On the other hand, the court has found that the suspect Lipovica, in quality of the Ministry of Industry, Trade and Enterprises' deputy secretary general, has signed the decision to form the commission to negotiate contracts for reserve supplies.

According to the tribunal, even the suspects Gara and Lipovica, instead of the commission itself conducting contract negotiation procedures, have acted differently, creating the possibility for the other suspect Muharrem to hold these negotiations with economic operators.

Similarly, for suspect Muharrem, the court has found that it is deliberately involved in in incriminating actions with two other suspects, enabling the contracting of state reserve products.

The court has stressed that Muharrem acted without having a prior authorisation by state bodies, has thus established contacts with companies from Turkey and Poland with the aim of creating state reserves.

For setting up the detention measure against the three suspects, the court has also cited the fact that the same could take concrete action with the aim of changing or hiding evidence aimed at creating any other fabricated version.

However, on the matter and the impact on witnesses, even though the Court did not mention any witnesses, the court has clearly found that the three suspects have had contact with other people who can make sure in the future.

Also, the court, in case of the detention measure, has taken into account the burden of criminal acts, where the alleged damage is estimated to be 601 thousand and 940 euros.

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