Prosecution File for Naser Hafizi: What a residence he declared and dedicated to illegal money

According to the Special Prosecutor of the Republic of Kosovo, it is suspected of profiting for itself and other persons, causing damage to Kosovo's budget.

In the Pristina Foundation Court's decision to set the detention measure, provided by “Justice Vow”, reportedly Hafizi suspected of “Use of official task or authority”, “Money laundering” and “Disreport or false reporting of income wealth, gifts, other property benefits or financial obligations”.

Under the decision, there is doubt that Hafizi has carried out works in the quality of ARPL's deputy director at MMPHI, contrary to the Kosovo Water Law, administrative directive 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.

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

Also, the decision states that on March 22nd, 2022, Hafizi through a preliminary decision on financial obligation to the economic operator (OE)- the water editor Compact Group- “Adea Group” for the use of water in value of 3,616,812.00, while on November 17th 2022 for the same operator had initiated financial obligation worth 413,433,60 euros for the period 2017-2021, noting the 2010 debt when the operator was granted. As a result, this operator was counted the lowest debt value compared to the report of the Ministerial Workers Group.

While on September 7, 2024, Hafizi was said to have initiated the decision for OE “Fluidi”, which from January 2009 to June 2021, assigned financial obligation 13,072.31 euros, even though this operator, according to the GP, owed 4,458,2400 euros during the 2008-2013 period. And if the period from 2014 onward was calculated, the debt would be higher.

The defendant is said to have initiated the decision to assess financial obligation for the company “on August 31st 2021 FRUTTI”, which of 2017-2021 determines the financial obligation of 39, 81 euros, although this operator has operated as an ambalnizer and the estimate of water used has had to be calculated for sold litres rather than cubic metres.

On the other hand, on March 11, 2022, the defendant was said to have initiated a financial decision on economic operator “FRUTEX”, which as an event has the production and ambalnification of refreshing liquids, and from July 2019- December 2021, has set financial obligation of 127.40 euros.

Always according to the decision, on March 22nd, 2022, without legal grounds has initiated the decision to issue financial obligations for water ambalantor “Getrinke” sh.p.k Vrella, for the use of unpaid water worth 411,180 euro, while on June 28, 2022, this operator for May-December 2012 to January 2021, estimated financial obligation worth 180,605,33 euros, not considering the data released by the ministerial GP.

Furthermore, it is said that on March 28, 2022, he made a decision on financial obligation to water host “Silca Gruop-water Miros”, that for the exploitation of unpaid water, there was a debt of 2,255,040 euros, while financial decision has been made by bypassing data issued by the Ministerial Workers Group, counting the debt of only 553,247,30 euros on the basis of OE reporting, without checking the data if correct.

Also, the same date is said to be for water host N. T.P. “ADI”, for the exploitation of unpaid water, issued a decision on the estimated debt of 216,000.00 euros, while later on the same water ambalnizer on March 20, 2023, financial decision has been made with which he owes 48,783,94 euros for 2011-2022.

In that decision, defendant Naser Hafizi is said to have violated official duties illegally, miscalculated and in December 2023 initiated the procedure for continuing water permit, enabling OE “FRUTUS” Continues water permits without meeting legal conditions.

This, it is said, has succeeded by putting pressure on MMPHI officials, and threatening that if they did not act on his demands, it would initiate disciplinary procedures for firing.

With these actions, the defendant has damaged the budget of the Republic of Kosovo, and the damage caused by making those decisions is considered to be a high degree and that exactly remains to be determined later by relevant field expert”, the decision says.

With these actions, Hafizi allegedly committed criminal work “Use of official position or authority” by Article 1414 pars. Two of KPRK.

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.

In the decision, Hafizi, from 2018-2024, reportedly deposited 109,370.00 euros, so in 2022 he deposited in cash 31,640.00, while in 2023 he deposited 51,070 euros, as well as more in various years.

“has made deposits through the bank accounts of his family, as if as a savings, loan or gift from other persons, a portion of the loan has been returned to the church, even though it has taken them with banking transfers, then it has completed the depletion of their origin through bank transfers, in order to eventually integrate and disguise other persons' names in playable and real estate assets, it says further in the decision.

Hafizi is said to have a monthly income of 732 euros, the monthly income bride is 540 euros, which cannot be reasoned with real estate, which the defendant created during this period (2018-2023).

By that, he allegedly committed criminal work “Money laundering” by Article 302 of KPRC regarding Article 56, paragraph 1, subparagraph 1.1 and 1.2 in the Law on Money Laundering Prevention and Combating Terrorism Financing.

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.

Therefore, he is suspected to have committed a criminal offence “No false reporting of property, income, gift, other material benefits or financial obligations, by Article 430 par.2 of KPRK.

The court says the conviction based on sufficient evidence that shows incriminating actions of the defendant, such as decisions on the financial obligation of the VV-Group, Getrinke US.P.K., N.P.T “ADIH, COMPACT Group SH.P. K, Silca Group water Miros, sh.p.k, the financial decision to use water for Thank you. NTP.

The Foundation also supports suspicion based on the decision to continue water permits and decisions on changing water permits, reports establishing the value of the operator's debt, as well as witness statements.

“Doubt based on conducting criminal acts involved in the request is also confirmed by: Police investigators reports; Confirmation of the temporary sequencing of items, including the weapon found in the defendant's apartment”, is said to reason on the Foundation's decision.

According to the court, all these verdicts are allegedly made contrary to the Water Law and Administration Guide for the Structuring of water payments.

“Statement/primary decisions for financial obligation for some water ambalnizers for the exploitation of water at a given value, while later, decisions have been made for the same water imbalances for the use of non-paid water apparently low by reducing the large debt”, the decision says.

Also reportedly illegal decisions have been drawn up, as the defendant has pressured responsible officials, who under his influence have been forced to prepare financial decisions of economic operators and drafted illegal decisions on calculating debts and continuing water permits for several operators, even though they had not met the conditions for continuing permits.

Evidence has been provided that defendant Naser Hafizi, the acting officials on the ongoing permit commission, has threatened to leave the workplace or to initiate disciplinary procedures”, the Foundation's decision is further said.

With all of this, according to the court, the condition of underlying doubt is met, which is the basis for appointment of detention. The court also estimates that the specific condition that the defendant could eliminate, hide or forge evidence of criminal acts is also met.

Also, it is said that if left on freedom, the defendant could influence witnesses as most are MMPHI officials, because evidence provided by them proves that they were against the process in the way the debt-capping procedure originated, but that their word was not taken into account.

“E in the case of witness Makfirete Dibrani, who sometimes in oral form and written form has reported to defendants Izedin Bytyqi and Naser Hafizi that the decisions they made are illegal and are causing major material damage to the state budget, which because many times has opposed making these decisions have been initiated by the disciplinary procedure”, in reasoning of the foundationary decision.

In fact, because of the opposition the witness had made to such decisions, they are said to have even made a poor estimate of performance with the intention of leaving work. Other officials, however, are said to have caused feelings of fear and uncertainty.

The court estimates that if the defendant is released, he will resume criminal acts under similar or more severe circumstances.

However, the Court has not assessed as a circumstance the Special Prosecutor's claim that if left, it can escape, as the defendant also has Serbia's citizenship. But, according to the court, the fact that there is citizenship of another state is not sufficient reason that the same one can escape, since he has known he is on the run, has come through an airport in Kosovo and has been arrested by Kosovo Police.

I put forward the fact that the prosecution does not attach to the criminal past, or an all-powerful act that would prove this claim that the defendant really has a criminal past and to some extent would make the prosecution's request that even the defendant” could escape, it is said to be justified.

At the hearing, special prosecutor Shenaj Berisha and Procuro Sebahate Hoxha had reportedly stressed there is suspicion based that Hafizi has committed the criminal acts he allegedly committed, as well as other measures other than detention would not ensure the presence of the suspect in the procedure.

It is also emphasized that by P The SRK has said that assigning the detention measure is necessary and reasonable, because with the release of the suspect to freedom, there is danger of influence in random witnesses, and that most of them are ministry officials.

Witness influence issue, according to P The SRK relates to the fact that the same in their evidence has said they have been against the way the debt-capping procedures flowed, but that their word has not been taken into account. According to the prosecution, witnesses have testified that pressure has been exerted on them to make illegal decisions under threat of disciplinary measures.

So, according to the Prosecution, if Hafizi is set free he could influence his subordinates in the ministry, which would result in obstacles in the process.

On the other hand, Hafizi's defender, lawyer Shqim Mehmeti had rejected the SPRK's request, arguing there is no legal basis for this measure to be established. As a fact, he also mentioned his client's willingness to respond to justice, which he claimed are media prejudices as if his client fled to France because he was on official visit there.

As for his client's readiness to respond to justice, lawyer Mehmet had mentioned the fact that Hafizi even owns Serbia's passport, but despite that he had returned to Kosovo.

As a result, the lawyer had proposed that his client be appointed house arrest measures, having the defendant hand over the passport of Serbia and Kosovo, adding that he himself guarantees that the process would be held without obstacles.

The lawyer had reminded them PSRK's, that the other suspect, Izedin Bytyqi, was currently under house arrest.

While suspect Naser Hafizi himself had said he stood behind his lawyer's statements, adding that he had heard a lot of lies from the SPRK. He said it's not true that he owns four residences, just like he did in the media and that, according to him, two of these dwellings are his sister's.

Hafizi had also denied the prosecution's claim that he has pressured his subordinates in the ministry, and the issue of the ambalnizers has been inherited since 2006.

However, after reviewing the statements on all sides, the preliminary procedure judge has assessed that P request The SRK is based on and there is doubt that Hafizi has committed alleged criminal acts as before, so he has assigned the measure of detention.

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.