Smakaj is released on bail, assigned for two months

The former head of the Kosovo Agency for Intelligence, the Smajt Union, was rejected for parole, and was ordered to appoint the detention measure for two months.

This order was issued today during the hearing for the first presentation by the judge of the preliminary procedure, Marjorie Masselot, reports the Justice Vow.

The past “from alleged facts and to this day does not justify obstructing procedures. You also posed no threat to other crimes considering Mr. Smaj and also his respective environment... I've taken into account the prognosis of Smajt's proportional and concrete conditions, that is, his professional and personal situation. Consider, too, what was brought before the prosecutor that Smaj must continue to remain in custody”, the judge said initially.

It found that none of the arguments raised by defence lead to changing its findings in the decision to arrest Smajt.

After reviewing all the arguments, I find that none of the arguments raised by you, the defence attorney does not lead to changing his assessment that the conditions envisioned in Article 41 have been fulfilled as defined in the decision on the warrants and related issues as well... and I have not convinced that Mr. Smaj is not at risk of escape, in particular due to the fact that since the September 2023 search, charges filed against him have been confirmed, along with the severity of criminal acts and the possibility of punishment, constitute an added motive for fugitive”, the judge said.

Masselot said that in her assessment, Smajt's family circumstances in Kosovo do not reduce his risk of escaping.

While in the danger of performing other works, the judge found that the alleged isolated nature of criminal acts and the passage of time are insufficient factors to change the court's earlier findings regarding the arrest.

After I've examined the biases of the parties, I decide that Mr. Smaj must remain in custody. The reasons for stopping Mr. Smackaj is the same as being represented in the same place in paragraphs 43 and 69 (paragraph 2) I find that there is first well-based suspicion of criminal responsibility for the works that were read to you today. There are reasonable reasons you can pose a risk to escape and obstruct the judicial process. Furthermore, none of the terms proposed by you and any of the conditions I can decide for Mr. Smaj is unable to ease these risks”, the judge said.