LAST LAST LATER Eppel Leaves Naser Hafizin in custody

The Constitutional Court in Pristina through the decision of October 11th 2024 assigned the detention measure to 30 days' length, Naser Hafizi, under suspicion of “due to official duty or authority”, “Clearing money” and “Disreporting or false reporting of income wealth, gifts, other property benefits or financial obligations”, reports the “Betrim for Justice“.

To that decision, the lawyer Mehmet had exercised complaints due to the substantial violation of criminal procedure provisions and wrong confirmation of the actual situation. He had proposed that Appeals change the complaining decision so that the defendants would have the detention measure interrupted or a more mild measure appointed.

On the other hand, the Appeals ' Prosecutor had proposed that the complaint of Hafizi's defender be denied as unhurt as the complaint is confirmed.

The Court of Appeals through the act of October 18th, 2024, has found that the defence complaint is unfounded.

The second degree has found that the foundation decision is fair and based on law. Even AMPHI estimates that there is a doubt based on Hafizi in the quality of the ARPL deputy director in MMPHI has been misusing the official task, deliberately overstepping his competencies by acting in full opposition to the rules and procedures set out in the Kosovo Water Law, as well as the Administrative Guide for water payment structure, while bypassing the ministerial group's report, which was formed in order to calculate the debt of ambaltage to ARLP.

It says that according to the ministerial group's report, the debt amount was 19,297,447.67 euros, while the lawless Hafizi initiated the making of illegal decisions for reducing the debts of several economic operators, with the aim of profiting for himself or the other person, damaging the state budget.

The appeal points out that the first degree of doubt based on sufficient evidence clearly indicates the defendant's incriminating actions.

I found the suspicion based also confirmed by the witness statement M. D., in the position of officer of the ARPL's duty, has been against this procedure, considering that this way of running debts is illegal. The same has consistently opposed this process, and for this reason several times the disciplinary procedure has been initiated due to its stance and disagreement over the way indictees access their debts to”, the decision said.

Also, Appeals has estimated that the Foundation has found that since there is a doubt based that the defendant allegedly committed high-ranking criminal acts, there is legal basis for the detention assignment.

“ ... and taking on grounds that the defendant may be brought to nothing, hide, change or forge evidence of criminal acts, or hinder the normal course of investigation, taking into account the burden of criminal work, placing it in the freedom of the defendant, can be used as a real opportunity for him to influence the key witnesses of this criminal case, where most of them are MMMPHI officials, because evidence provided by them proves that they have been against the process in the way that the payment procedures have originated, but that their word is deemed to be deemed fair, despite the fact that it's already taken, the Appel decision is now stated.

That the Foundation's decision was fair, Apel also estimates that the burden of criminal acts is of severe nature and their extremely high social risk, because it is directly punished the public budget and public goods, which are allegedly largely damaged. Thus, it is said that if the defendant is released, he could resume criminal acts under similar or more serious circumstances.

Unfounded, Apel finds the claim that a more mild measure of Hafizi must be determined, as detention at this stage is deemed a fair measure and enabling the conduct of investigations unhindered.

By contrast, according to the Special Prosecutor of the Republic of Kosovo, the debt the economic operators had to account for the Regional Banking Authority (ARPL) was close to 20m euros. However, Naser Hafizi is suspected to have initiated a decision to reduce debts.

In the Foundation's decision on the detention assignment, there is a doubt that Hafizi has carried out works in the quality of the ARPL deputy director at MMPHI, contrary to the Kosovo Water Law, administrative instruction No. 06/2021 for the Water Tax Structura, as well as bypassing the Ministerial Group's report, which was formed in order to estimate the employee's debts to ARPL.

It said the report in question showed that the overall value of debts generated by economic operators is 19,297,447.67 euros, while the illegal-based defendant has initiated making illegal decisions for reducing debts of several economic operators, with the aim of profiting himself or other persons illegally, causing damage to Kosovo's budget.

On the other hand, there is reportedly suspicion based that defendant Naser Hafizi, knowing that his wealth stems from illegal activity and is acquired with the intent of committing criminal acts, with the aim of hiding the real resource of wealth, cash-money has been introduced into the banking system in order for this illegal money to appear legal.

On the other hand, Hafizi reportedly in the quality of the top public official has been obliged to make the declaration of property, but had not presented the required data correctly. Exactly, for 2020, he did not declare his residence on “Bill Clinton”, even since 2022 he had purchased another flat in Fushe-Kosovo and did not declare a flat that he had purchased in 2023, which he was obliged to declare in 2024. Details from the Hafis File can be found: THESE.

Naser Hafizi, who holds the position of task manager of the Regional River Lakes Authority at the Ministry of Environment, Spatial Planning and Infrastructure, was arrested on October 10th 2024 under suspicion of “Keq use of office of official authority”, “Clearing money” and “Ab reporting or false reporting of income wealth, gifts, other property benefits or financial obligations”.

The Special Prosecutor, during October 8th action, had indicated that Hafizi was not found in his residence.

The Constitutional Court in Pristina on 9 October had approved the Special Prosecutor's request of the Republic of Kosovo, assigning the measure of house arrest in the course of 30 days, Izedin Bytyqitı, deputy secretary in the Ministry of Environment, Spatial Planning and Infrastructure, under suspicion of misuse of official office and non-licitative weapons.

And the day before through a communique from P The SRK, it has been said that during the raid a type “Mauser-Werr” with two rounds and seven rounds, 34 different documents, three phones, 17 USB, three laptops, four computer lodges, and also important documents for the investigative procedure. Also, temporary ban order has been issued for 6 residential residences in Pristina and Fushe-Kosovo.