Bahitari pleads guilty, agrees with SPS for two years in prison

“... that you agree on determining a two-year prison sentence”, the chief judge said, and Bahtyar confirmed it.

Bahitari confirmed he has discussed with his lawyer the terms of the agreement and that he has accepted it after discussing with his legal representative.

He even claimed that the terms and every part of the agreement were read in a language he understands.

As a result, Chief Judge Mappie Veldt- Foglia said that under the agreement, Ismet Bahtiari acknowledged that he was part of a group seeking to encourage witness 1 not to testify before DSF through promise of profit and that members of the group acting under the direction of Haxhi Shala went to witness 1 at his home on April 5th and 12th 2023 respectively.

During the April 5th visit, the defendant Bahhitari had told the witness that he should withdraw his testimony. During the April 12 visit, however, Sabit Januz had reacted to an offer to witness that Haxhi Shala and others would help him if he would withdraw his testimony.

On the other hand, the judge continued that according to the agreement, before and after April 5, 2023, and before the visit of April 12, 2023, Bahhitari communicated and co-ordinated with other members of the group for their interactions with witness 1.

Bahhitari confirmed that agreements with the SPS are on this actual basis.

Like Haxhi Shala and Sabit Yanuzi, the chief judge read the points of the indictment that July 10, 2024, included in the plea agreement with Ismet Bahijari.

According to her, this agreement includes provisions 8, 9, 13 to 18 and 24.

The ZPS has withdrawn from point one of the indictment.

On the other hand, according to the agreement, Bahitari pleads guilty to the court over points 2 and 3 of the July 10th 2024 indictment.

According to point 2, Bahitari is accused of obstructing official persons in performing official tasks punishable under the Kosovo Penal Code (KPK), articles 17, 21, 33, 35 and 401H2) and articles 15 (2) and 16 (3) of the TSK Law.

While, at point 3, he was accused of intimidation during criminal procedures on the side of the promise of gift or any other form of profit. This work is punishable according to nines 17, 21, 31, 33, 35 and 387 of the KKP and articles 15 (2) and 16 (3) of the Law for the TSF.

Bahitari was announced that in the event this plea agreement is approved, he was denied the right to appeal decisions. Consequently, Bahitari will not be able to withdraw plea or seek a change in the sentence's decision.
Otherwise, on February 8th, preliminary procedure judge Nicolas Guillou has approved the request of the Specialised Prosecutor's Office (ZPS) for joining the charges confirmed in the case against Ismet Bahitari and Sabit Januzi with Haxhi Shala.

In the decision to unify the charges, the pre-procedure judge has reportedly ruled that the two charges confirmed in the case of 10 and 11 charge the three accused for the same criminal acts, specifying that they have acted as a group. The ruling also states that the charges confirmed in these two cases are borne by the same actual claims.

According to this, the judge has decided that the SPS will grant permission to change the indictment confirmed in the case of 10 referring to the first amendment, while the second amendment was rejected.

Also, Judge Guillou instructed the SPS to file a request for a change in the indictment confirmed in the case of 10 according to the second amendment, but in line with the rules of Rule 86.

After the unification of the two charges was approved, Guillou decided that the common issue would continue with the KSC-BC-2023-10, which would be renamed in such a way as to involve the three indictees.

While, the prosecutor said their position is that from today until the admission of guilt and their declaration, they are in a position to continue on determining the sentence and that the version of the indictment's work should remain the 10 July one changed later with that of December 17, 2024.

The Office of Specialised Prosecutor (ZPS) had handed over the joint indictment on January 12th for the case of Sabit Januzi and Ismet Bahitari and Haxhi Shala.

At the first session, in front of preliminary procedure judge Nicolas Guillou, Bahhitari and Januzi have pleaded innocent to charges imposed by the Specialised Prosecutor's Office.

Also, changes have been made on July 8th in the joint indictment, where charges against Bahitari and Januzi have been added for intimidation through promise or gift, which is defined by the Kosovo Criminal Code.

The act against them has been established on October 4, 2023, with which they are charged with attempting to persuade a witness not to give a witness.

They are accused of attempted obstructing official persons for carrying out official office, by grave threat, between April 5th and 12th, 2023, criminal acts against public order, punishable under articles 17, 21, 28, 31, 33, 35 and 401 (1) and (5) KKP, and articles 15 (2) and 16 (3) of the Law.

Also, for trying to deter official persons from carrying out official office, through participation in a group's joint action, between at least 5 and 12 April 2023, criminal action against public order, punishable under articles 17, 21, 28, 33, 35, and 401 (2) and (5) KKP, and articles 15 (2) and 16 (3) of the Law. Also, for trying to intimidate during the criminal procedure, between at least 5 April 2023, criminal acts against justice administration and public administration, punishable according to provisions 17, 21, 31, 33, 35 and 387 of the KKP, and nines 15502) and 16 (3) of the Law.

On 6 October, in a report by the Specialised Prosecutor's Office, it is said that Ismet Bahtiari and Sabit Jauzi have been arrested and transferred to The Hague under suspicion that they have tried to convince a witness not to give a witness.

According to the indictment, Sabit Januzi and Ismet Bahitari, through the grave threat and joint action of a group of people in whom both attended, tried to prevent official persons, such as judges, prosecutors, court officials, prosecutorial officials or persons authorised by the court or prosecution, in carrying out official duties.

In the indictment of December 12, 2023, however, Chief Special Representative Kimberly West accuses Shala of fearing witnesses, trying hard to prevent official persons from performing official duties individually and group participation. /Betimy for Justice