<x0m>cule” on official visit abroad: Sessions in the event in which he is accused of contempt

<x0m>cule” on official visit abroad: Sessions in the event in which he is accused of contempt

Because Donika Grovalla, Minister of Foreign Affairs and Diasporas and deputy prime minister is on official visit abroad, Thursday's hearing at the Constitutional Court in Pristina has failed. Minister Gervalla is charged that in the quality of the top public official, in the form of property statements on March 22, 2021, [...]

The defender of accused Gervala, lawyer Arian Koci, has informed Judge Dibran Jusuf that I accused Gervala could not be present at this session because of an official visit abroad. Likewise, the same has demanded that the hearing be set for another date, then the charge of Gervala will be present.

In this regard, prosecutor Paulin Pashku has said that under the Criminal Procedure Code there is legal opportunity to continue judicial examination in the absence of the defendant, but that if the defendant is to appear at the next session, then Koci's proposal does not contradict. Afterwards, Judge Jusuf found that in the absence of accused Gervala, conditions for holding this session have not been met.

Otherwise, the MPJD has announced that Gervala will participate in the High Forum for the Future of Democracy, which will be held on 7 November and 8 November 2024 in Vilnius, Lithuania, at the invitation of Minister of Foreign Affairs of Lithuania, Gabrielius Landsbergis. 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.

Later, the Court of Appeals has rejected Gervala's defense complaint as unfounded, confirming the Constitutional Court's decision in Pristina, with which the indictment was confirmed against her. 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. Otherwise, Pristina Constitutional Prosecutor, on May 29, 2023, had confirmed to “Justice Vow “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 Vow” 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.

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