Judgment against Sami Lushtaku and others charged with organised crime and other criminal acts fails

Judge Valon Kurtaj, announced that against the accused, Jashar, the Court will issue the ordinance for forced conduct at the next session.

Because we have no conditions to consider, the scheduled session is scheduled on December 23rd. For this defendant (Sheremt Jashari) will issue the ordinance”, Judge Valon Kurtaj said, the “Justice Bettim” reported.

Otherwise, even the October 8th 2024 session had failed in the absence of indictees Fatmir Mojak and Sheremet Jashar.

The accused Sami Lushtaku said that Yasar has no reason to be absent and that he has always been present in judgment.

Afterwards, special prosecutor Florije Salihu-Shali proposes that against defendants Yashari be isolated.

However, Judge Kurtaj said that he cannot isolate himself from the subject without knowing why he has not presented himself in today's judgment, even though he has been informed of today's session from the previous session.

Judge Kurtaj also said that the trial in this case is prolonged and that it cannot waste unlimited time, adding that such a situation costs the court and parties in the procedure.

For those accused of Rrustem Rockolli, Fatmir Mojak, Rexhep Jota, Skender Tahiri, Sheremet Jashari and Bajram Dibrani for points 16, 17 and 18 of the indictment, which has to do with preventing witnesses, had the procedure isolated.

Sami Lushtaku and Ismet Haxha will also be tried for the rest of the indictment, which concerns escape from the CKUK.

For points 16, 17 and 18 of the indictment, Sami Lushtaku, Ismet Haxja, Rrustem Rrucoliki, Fatmir Mjaku, RexJota, Skender Tahiri, Sheremet Jashari and Bajram Dibrani are charged with criminal acts “Peging testimony or official procedure”, “Friquet during criminal procedure” and <x4Pjerectory in organised criminal group”.

In this case, Emrush Thaqi, Shemsi Hajrizi, Sami Lushtaku, Sahit Jashari, Ismet Haja, Mergim Lushtaku, Dardan Geci, Dervisolli Bashki, Valon Behrahaj, Silvert Behramaj, Yll Blakaj, Gzim Ahmeti, Geevdet Zena, Merve Hasani Lushtaku, Agim Ukaj, Ismail Dibrani, Sami Djoka, Negib Shatri Shatri.

The Constitutional Court in Pristina, on April 5, 2018, had rejected the defence requests for dropping the indictment and rejecting evidence, arguing that it had proved that there was no predestination of criminal acts and that the defence has not presented sufficient evidence to approve them.

While, the Court of Appeals, in July 2018, had refused to base defence complaints about dropping charges and rejecting evidence and having put the Constitutional Court in Pristina into effect.

According to this court, the first-degree court had acted directly when it rejected those requirements, as none of the initial circumstances in Article 250 par.1 subpar.1, 1.2, 1.3 and 1.4 of the Republic of Kosovo's Criminal Procedure Code were presented.

Also, Judge Shashivar Hoti had approved the plea agreement of accused Mirvette Hasani-Lukaku with the Prosecution for guilty plea where the same was sentenced to 3500 euros in fine for criminal work “Resilitation of the person deprived of freedom”.

The Constitutional Court in Pristina, on April 14, 2020, had declared the sentence in the case of the escape of the former Scytheak municipality leader, Sami Lushtak, and others from the Kosovo Clinical and University Centre (QKUK), which had occurred in 2014, while Lushtak was receiving health treatment, at the time she was in custody at “Drenica”.

For this escape from QKUK, the court had acquitted Lushtaku of prosecution, but had sentenced him to 12 thousand euros in fines for two other fugitives that had occurred on August 21st 2015 and on September 22, 2015.

In addition to Lushtak, of the 1,000-euro fines had been sentenced to guards who had been on the heels of Lushtak, Ylber Blakaj, Gezim Ahmeti and Gevdet Zena.

While all the other indictees -- including Lushtaku's son, Mergim Lushtaku as well as Emrush Thaci, Shemsi Hajrizi, Sami Gjota, Nejip Shatri, Ismail Dibrani, Agim Ukaj, Ismet Haxaj, Dardan Geci, Union Dervisolli, Valon Behralaj and Silver Behraj -- were acquitted.

But the trial against Thaci and Shatri accused has been annulled by the Court of Appeals. On the other hand, Emrush Thaci and Nejib Shatri had been acquitted in the retrial of the court's alleged indictment by Judge Agim Kuci.

EULEX prosecutor Romlu Matues had filed charges against Sami Lushtaku and others on November 17th 2016, who charged them with several criminal acts related to Lushtak's escape and others from KKUKUK, who were convicted in the case known as the “Drenica Group”, and who at this center had gone to get medical services because of health problems.

Former Skywright leader Sami Lushtaku is charged with several criminal acts “Abnegation of the person deprived of freedom”, “Pegim of official testimony or procedure, as well as intimidation during the official procedure”, and for “Working on organised criminal group”. The escape from KKUK is also charged with Sahit Jashar and Ismet Haja.

For the criminal work of participating in organised criminal groups, Ismet Haja, Rrustem Rrucoli, Rexhep Jota, Fatmir Mjaku, Skender Tahiri, Sheremet Jashari and Bajram Dibrani are also charged.

Exile Lushtaku, Dardan Geci and Mervette Hasani-Lushaku were accused of facilitating the escape of those deprived of freedom. Bashki Dervisolli, Valon Behrajaj, Silver Behramaj, were charged with the criminal act of offering aid to leaders after committing criminal acts, as well as the illegal release of persons deprived of freedom.

Rrustem Krukoli, Rexhep Jota, Fatmir Mjak, were accused of criminal acts preventing testimony or official procedure, as well as intimidation during criminal procedure in co-ordination.

Emrush Thaqi, Shemsi Hajrizi, Sami Gjota and Nejib Shatri, Ismail Dibrani, Agim Ukaj are accused of misusing official position or authority. Shatri's breast was also accused of counterfeiting documents and facilitating the escape for those deprived of freedom. In contrast, Ylber Blakaj, Gezim Ahmeti and Xhevddet Zena were accused of illegally releasing those deprived of freedom.