Paparacy: Three power-related judges put in action against businesses

Is it coincidence or deliberate?

Advanced government judges have ruled in favour of power-related parties on several court cases.

The matter is in the Commercial Court.

With the Justice Ministry's proposal in October last year, three judges of the Commercial Court were appointed to the Commission for Providing the Jurisprudence Test.

Faton Bajrami, Francisco Dzitija and Saranda Gogaj are judges in the Chamber of Second Commercial Court. All three are involved in judging the materials where the party was power: the case “A” and the Telekom-Dardaphone case.

Proposed by the government in October, in mid-December they were voted in those positions by MPs from the parliamentary majority.

But what are their connections with power and how did they decide in cases where the interest party was power?

Faton Bajrami has been appointed judge at the Commercial Court in May 2022.

He is the brother of Agron Bajrami, the Special Prosecutor. His cloud, the Gogaj butterfly (wife of Prosecutor Agron Bajrami, v.j) is also an advanced in office by the Ministry of Justice.

In September 2021, when power removed the director of the Law Medicine Institute from office, it was appointed as the Gogain butterfly. In her time the samples of Astrit Dehar, the late activist of the Vetevendosje Movement, disappeared. A disciplinary commission suspended him and four other IML employees responsible for the disappearance of samples, but in January last year the same went back to work.

The A Street issue, officially known as the “Jim Xhema”, contested in Commercials by a private construction company, placed central power interests over the Pristina municipality. Although not directly parties to this judicial process, the opposition Vetevendosje Movement in Pristina enjoyed blocking A Street works, a capital project of their political rivals, the LDK leading the capital.

Ten days before the government was nominated for position in the Jurisprudence Commission, on October 2nd, 2023 Judge Faton Bajrami blocked the work of “Street A”.

Bajrami, as head of a court college in the Second Stair Room, ruled in favour of the company's complaint, Pro & U.S. Group, against O The DS for the A Street tender.

Disgusting the first Chamber of Contemporary Court's decision, which found no violation of O's decision The EPS for the A Street tender, Judge Bajrami ordered exemption from the case of Judge Arnis Duman.

Instead of Duman, Self-Determination MP Vlora Pacolli-Rexhepi was appointed to be the first degree class of the Komercia. She too decided in favor of government interests. In favour of the complaining company against the A Street tender.

Eventually, Comercial paved the way for the A Street work at the end of last year. On December 29th, the second scale approved O's complaints as being based The EV and decided to resume street work. The decision was made by a college headed by Judge Dren Rogova.

Road subject A is not the only one in which Judge Faton Bajrami ruled in favour of government interests.

Bajrami led the Comercial Appeal College on the final issue between the Dardafon.net company and Kosovo Telecom.

The case relates to the International Court of Arbitrazhi's decision regarding the 10m-euro debt Telekom owes Dardaphony. Telekom has demanded that Arbitrazhi's decision be annulled.

The court's first degree gave Dardaphon the right, but when the case was appealed a second time to the second degree of Commerciale, Judge Bajrami ruled in favour of Telekom's complaint. In addition to restoring the subject to the final procedure, he also requested the expulsion of Judge Alydin Trsnjak from the subject, a request of Telekom as well.

Commenting on this decision, the head of the Commercial Court, Mahir Tutul, said it is not the court's practice to restore for the third time in restoring a subject.

“From available data results that the return of the subjects to the restoration for more than two times as well as the change of the court judge in the first instance for handling of the second-degree Chambers of the Commercial Court is not a phenomenon that conveys the practice of this court and has occurred in only a few isolated and specific cases where judges have deemed it necessary, which I as the Mayor cannot give assessments or comment because it exceeds my legal competencies”, Tutul said last week's National Gate.

The completion procedure is still under consideration on the first scale of the Commercials.

The rest of the Comercials Judge who took advantage of his career through his appointment to the Jurisprudence Proving Commission is Franciska Gitia.

The court's appointment at the Commercial Court in May 2022, Franciska Gitia, is part of the court's second instance. He has participated in taking some decisions where the interested party is power.

Paparac teaches that Franciska Dzitia is the daughter of Hilmi Dzit, a convicted prosecutor for the alleged political persecution of Kosovo Albanians in the former Yugoslavia period.

The name of Hilmi Dzizi and 29 former communist system operatives were part of a criminal confession deposited by Nat Hasani, the former Kosovo Assembly President. Based on Hasan's criminal impeachment, Gittia and others suspected “of crimes against humanity and genocide”.

Justice Hilmi Dzitia has described the former system's criminalised image list as absurd. In a statement to the World Today in 2010, he said he was one of the first Albanian detainees from Serbian institutions in early 1990.

Another name linked to government appointments to the Commission for Providing Jurisprudence Test and judicial decisions is Saranda Gogaj Sheremet.

Gogaj Sheremet, with the Justice Ministry's proposal, has been appointed deputy committee member.

She is the wife of Sheremet, actor and director of the Kosovo National Theatre. Sheremet was elected director of the National Theatre in February 2022, with the decision of the TKK Steering Council, previously appointed there by the Ministry of Culture.