Even Appeal refuses to drop charges against Minister Gervala for contempt of property

The Court of Appeals has rejected Donika Gervala's defense complaint, Minister of Foreign Affairs and Diaspore and deputy prime minister, as evidenced the Constitutional Court's act in Pristina, with which the indictment was confirmed against her.

Minister Gervalla is charged that in the quality of the top public official, in the form for property statements on 22 March 2021, she has not accurately presented the required data by law.

The Constitutional Court in Pristina on 19 June 2024 had confirmed the indictment for failing to report property to Gervala, rejecting the request for opposition to evidence and rejection of the indictment.

Against this act, the defender of Gervala, lawyer Saranda Kekkolla-Sadiku, had filed complaints because of the error and incomplete confirmation of the actual situation, the wrong application of material rights and substantial violation of criminal procedure provisions.

Kekkolla-Sadiku had proposed that Appeli change the Constitutional Constitutional Act and cast the Constitutional Pristina indictment groundless.

However, the Appeals Prosecutor had proposed that Gervala's defense complaint be refused as baseless, while the complaining act be confirmed.

Thus, the Court of Appeals in the verdict, provided by “Justice Vow”, which was compiled on October 10, 2024, found that the defence complaint is not based.

Lawyer Saranda Kekkolla-Sadiku, in a complaint, claimed that we are dealing with an illegal charge, as the main element of criminal activity has not been fulfilled material profit, that is, the rise of property illegally.

According to her, the declared property was legitimately acquired and there was no reason to hide that wealth, but according to her had not stated it correctly because of negligence.

In the complaint, the defense has added that evidence indicates that the accused's husband's income has not changed since reporting or when it was reported - no increase in illegal property.

As for reporting real estate to its owner, it is said that the form had not been attached to the title because of its nonrecognition, given that it was its first public position and all the data when it completed its form had been received from its fellow village. But all the data he possessed had presented them during the form complete.

In the defendant's statement, the defence says there had been no price to lower the real value, but that everything was negligence and that he had taken action to remedy the situation afterwards.

The defense also claims that the prosecution in the indictment has not determined the purpose of the accused of failing to declare his wealth, if he deliberately did it, and whether he had acquired it legally or not.

The defence claimed that the first degree ruling was involved in violations of the Criminal Law at the expense of the accused. According to the defense, Gervala's actions present responsibility for counterinjury and the assets of criminal acts.

So, in the criminal way, they cannot have the same status (the same punishment) as legitimate property like that not declared”, the defence complaint was quoted in the decision.

Apel estimates that attorney Kekkola's complaints- Sadiku is not based on and that the act of foundation with which the request for the drop of the indictment is based, fair and legal.

The College of Appeals points out that the first degree ruling does not contain collapses for which it is claimed in complaint, nor any other violations for which this Court cares on official duty.

“... according to this court's assessment, the complaint is clear and concrete, his reasoning is in full accordance with the” device, it says in the Appeal decision.

According to Appeal, the important thing at this stage of the criminal procedure is that the indictment is based on deeply supported and consistent evidence of legal provisions, and there is no room for throwing away the indictment.

The second degree further stresses that the criminal work Gervala is charged for represents criminal acts and that no circumstances exist that exclude criminal responsibility.

Similarly, there are no other circumstances preventing prosecution and there is sufficient evidence for well-founded doubt that the minister has carried out the role he is accused of, which are not contradictory and that they have not been illegally taken.

“... The same fundamentals have an articulating basis for the court to assess both substantially supportive and, as such, more detailed in judicial examination, where further evidence can be issued both on the part of the prosecutor and on the defense, with what's going to prove their credibility” is further stated in the verdict.

The second degree further stresses that other claims of the defendant's protection cannot be considered at this phase of the criminal procedure, as the court is not authorised to make assessments of evidence at this phase of the procedure.

According to Appeal, in this phase of the procedure, the legality of the evidence and establishment of the indictment is valued only and that all claims of the defendant's defense, along with the evidence that is in the indictment, are considered and confirmed in further judicial examination after the trial management, where the guilt or innocence of the defendant will be proven.

Regarding the charge of exact non-reporting of property, at the initial session on March 7, 2024, Gervala was declared innocent.

According to the Pristina Constitutional Prosecutor's Act, compiled on 31 January 2023 by prosecutor Astrit Gashi, Grovall is charged that in the quality of the high public official with the legal obligation of property declaration, in the form for property statements on 22 March 2021, it has not accurately presented the required data by law.

The Actakuz says the same on this form has not stated any in-lines of her husband, Stefan Schwarz, even though he has declared the same as a husband.

On the other hand, it is said that Gervalla has not declared the entire cadastral-land agricultural parcel, owned on its surface of 3964 m2 in ZK Dubovik-Decana, declaring only 2,000 m2.

Also, Gervalla allegedly did not even declare business “Alb Lingua UG” registered in Bonn, Germany, on behalf of her.

With these actions, Gervala is accused of committing criminal work “underreporting or false reporting of property, income, gift, other material benefits or financial obligations”, by Article 430, paragraph 2 of the Republic of Kosovo Penal Code.

By contrast, Pristina Constitutional Prosecutor, on May 29, 2023, had confirmed to “Justice Trust” that he has filed charges against Gervala.

“Referenced to your request, we inform you that the State Attorney, in 31.01.23, has filed an indictment against D.G., due to the criminal act “No false reporting or reporting of property, income, gift, other material benefit or financial obligations”, according to the Penal Code of the Republic of Kosovo, as well as the same proceeding in the Court for further treatment of”, confirmed the spokesperson for this, the prosecutor, Laeta Utlay.

After the news of the indictment's establishment was made known, Minister Grovall said it is an attempt to negate representatives of institutions.

Otherwise, on October 2nd, 2021, “Justice Trust” has reported that Donika Grovalla, deputy prime minister and Minister of Foreign Affairs and Diaspore (MPJD) has not declared all functions in local and international institutions.

Four months after this research, the Anti-Corruption Agency (AKK), now the Agency for Prevention of Corruption (APK), had announced it is still handling the case of Minister Gervalla.

According to this research, it proved that Gervala did not declare that she owns business in Germany, has not shown that she is the director of a foundation in Kosovo, nor has she declared the wealth of her husband and children. /Betimy for Justice