Reasoning the Foundation in the case of the absolute prescription of hooliganism against Minister Svechla and others

In the argument of the Constitutional Act provided by the “Justice Trust”, it is said that the division of this case into three groups has come after there has been a shortage of indictees in any initial investigation, even though the court had attempted to secure as a whole as a group and through the warrants for forced behaviour.

So, the court through the ruling taken on July 3rd, 2023 has rejected the act of Constitutional Prosecutor in Pristina against Jhelal Svechla, Dardan Molliq, Arsim Maqasten, Pajtim Havolli, Agron Kabashi, Fraser Krasniqi and Nol Nushi.

In reasoning with the verdict, the Foundation explains that while it has attempted to conduct initial considerations, there have been a lack of accused, thus conditions have not been created for maintaining such considerations.

The court finds that in terms of the criminal work Svecla, Molyqaj, Maqasten, Havolli, Kabashi, Krasniqi and Nushi were charged with, it has reached the absolute prescription since their actions have not been tried even after 10 years, period when the absolute prediction is reached.

On the other hand, the Court has followed with the release of the second ruling on July 3rd of this year against indictees Egzon Azemi, Pacim Demaj and Africa Hoxha, rejecting the prosecution's indictment and halting criminal procedure against the same.

According to the Court, until this act has come after suffering Azem, Demaj and Hoxha, the absolute prescription of prosecution has been reached, as they have 10 years since criminal acts were committed.

In its ruling, the Court has clarified that for this criminal case, there have been shortages of indictees, thus failing to hold total 7 initial reviews.

Azem, Demaj and Hoxha were charged with criminal work “Taking part in the crowd performing criminal acts and hooliganism”.

Meanwhile, the Court for Charges Bekim Shkodra and Sami Avdiu -- through the trial compiled on June 28, 2023 -- has found that the absolute prescription of prosecution has been reached after spending 10 years on the date of carrying out criminal work, so the indictment has been dropped.

Shkodra was accused of criminal activity “Attack the official person while performing official duty” and Avdiu for criminal activity “The participation in the crowd performing criminal acts and hooliganism”.

In the act provided by the “Justice Vow”, it is said that the trial process against Shkodra and Avdiu was isolated on August 1st 2022, and that the court has since appointed and held 8 court reviews.

Also, after the isolation of the criminal procedure against Faithful Celay, Bekim Shkodra and Sami Avdiu. Central and Shkodra related to the prosecution of criminal work “The crowd's participation in criminal acts and hooliganism” had been tried by one and a half years in prison. As for accused Sami Avdiu of criminal work “The crowd taking part in criminal acts and hooliganism” and accusing Bekim Shkodra of “The attack on the official person while carrying out official task”, a special trial would be held.

Regarding the case against Minister Svecla and others, “Justice Vow” on June 24th 2023 had reported how the court and the judge of the Erol Gashi case had failed to try this criminal case for the fact that the absolute prescription of criminal acts charged with had been reached.

Otherwise, at the February 3rd session of 2022 after the hearing had failed in the absence of indictee Jalal Svecla and Agron Kabashi, the court had issued a hard behaviour order after having evidence that the same were regularly invited but had not been tried.

Regarding the issue of this ordinance, the court had reacted to other media online with the claim that such an ordinance had not been issued, but the editorialisation of the “Justice Vow <xx1> through protocol and audioincimation proved that for the accused who was invited to the hearing, it would issue such an ordinance.

The “Piles, who have been invited fairly and are not presented at the session, the court will issue the ordinance for forced conduct”, said in the session report.

On this matter through a 266th display “Justice Trust” had detailed in detail the issue of issuance or not the ordinance for the strong conduct of Minister Svechla.

In the indictment, provided by “Justice Vowtim”, established in March 2014, it turns out accused of this criminal act along with Minister Svecla were Dardan Molyqaj, Arsim Maqastena, Arsim Havoli, Agron Kabashi, Egzon Azazi, Pajtim Demaj, Frasher Krasniqi, Noushi, Bekim Shkodra, Afrem Hoxha, Sami Avdiu and Besnike.

According to the indictment set up in March 2014, Dardan Molyqaj, Arsim Maqasten, Pajtim Havoli, Agron Kabashi, Egzon Azemi, Pajtim Demaj, Xhelal Svechla, Frasher Krasniqi, Nol Nushi, Bekim Shkodra, Afrem Hoxha, Sami Avdiu and Besnik Cemlay are said on June 27th 2013's <x0th>ne Tenarez” in Pristina, during the protest with the intent of harm of Kosovo police officials having committed violent actions.

All in accordance with this indictment, Svecla and the other defendants were charged with throwing stones, color, glass spheres, bottles, pyrotechnics towards members of the Kosovo Police, with the result of these actions, slight bodily injuries suffered by police officers Rifat Geci, Halil Syla, Agim Xheli and the Hyseni Union.

According to the prosecution, material damage has also been caused during the protest, where official uniforms and equipment of police officials were damaged during maintaining public order and safety, and have also damaged two cars, Kosovo Government property and two Kosovo Police owned cars, causing serious consequences.

With these actions, the prosecution charged the accused that each alone committed criminal work “The participation in the crowd that committed criminal acts and hooliganism” by Article 412, paragraph 3 related to paragraph 4 of the Penal Code, which provides fines of 200 to 10 thousand euros for hooliganism with minor consequences or imprisonment of up to five years for hooliganism with serious consequences.

While the second device of this indictment, Bekim Shkodra also charged him with the criminal act of “The attack on the official person during the performance of official duty” by Article 410, paragraph 2 of the Penal Code, the task for which the official is sentenced to prison for six months to five years. /Betimy for Justice