Issat Bahtari denied plea agreement

Issat Bahtari denied plea agreement

The Office of Specialised Prosecutor (ZPS) on Tuesday has announced that a plea agreement has been reached between Haxhi Shala, Sabit Januzi, but that was not accepted for Ismet Bahitari. According to the court ruling, this agreement reached between ZPS and Ismet Bahitari was not accepted with the reasoning [...]

Under the court's ruling, this agreement reached between ZPS and Ismet Bahitari was denied on the grounds that it failed to meet legal conditions, reports “Justice Vow”.

As far as chronological order goes, November 13, 2017, sir. The SP had informed the judges in the case that they have reached agreement with the three indictees and had called on all sides to be appointed as soon as the agreement's accession procedures are established.

“on November 29th 2024, the panel issued “Location on issues related to Accession Procedures”, where it ordered: (i) the Paules, as necessary, to hand over a restored version of any accession agreement, in line with the requirements of Rule 94é2)-dev), (5) and (8) of the Kosovo Procedure and Evidence Rules before the Specialised Chambers (Rules), and (i) Z The SP, to hand over a restored indictment”, is said to be further in the decision.

According to the decision, a plea of Bahtari's defence had been adopted in part to maintain the privacy of the accession agreement procedures until another announcement.

“Panel decided that accession procedures will be held on 18 December 2024 and, if necessary, on December 19, 2024”, the decision is said.

On December 6th, the defences of the three indictees had delivered their respective surrenders related to the penalty and presented evidence or related information.

The same day, according to the decision on the Accession Procedures, the ZPS submitted: (i) its surrenders to accession agreements and sentences, including the restored versions of each accession agreement (Replaced Accession Agreements); and (i) the restored indictment”, the decision said.

However, the decision says the SPS has already said a key finding of the decision on the pleas' accession procedures in the agreement between SPS and Bahitari is wrong.

Since the same issue remains in the Bahjari Re-established Accession Agreement, the panel cannot continue without a decision by the Appeals Panel on the application of that rule, if the SPS's application for appeals permit is approved. For this reason, the panel will not further discuss Bahtiari's Re-established Accession Agreement during future session”, the decision said.

The two indictees' guilty plea hearings were accepted will be held by 18 and eventually December 19th 2024.

The decision at these hearings will discuss whether the two accused have made these agreements of their own free will.

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.

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 Agent Kimberly West accuses Shala of fearing witnesses, trying hard to prevent official persons from performing official duties individually and group participation.

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