Court Speaker: Kuci decided himself to protect Sekiraqa in freedom, did not consult other members

The head of the Pristina Foundation Court, Albina Shabani-Rama, has confirmed for “Justice bet” that Judge Agim Kuci himself had decided to let Enver Sequirah defend himself in freedom, without consulting the other two members of the court.

Members of the court's court in the Sekiraqa case are Mediae Bytyqi and Underdation Arrni, reports “The Battle for Justice”. On May 3rd, 2024, after serving a 25-year prison sentence for Sekiraq for inciting police to murder Triumf Riza, Judge Kuci made a decision to interrupt the measure of house arrest and defend himself in freedom.

While, the Court of Appeals, on May 17, 2024, after the Special Prosecutor's complaint to that ruling, has decided to return Sekiraq to custody until the court takes on a formal form. But, the day after that decision, police have announced that they have not found Sekiraq at home to escort him into custody, and so far the same has not been arrested.

“based on the appointment of the date PKR.nr.170/2020 d. 03.05.2024, it's confirmed that the Red Judge himself has taken this court's decision, where he even mentioned it in the introduction of the action “by placing on official duty outside session” and has not been executed on behalf of the court, not as required by the legal provision of Article 366 of the KPP. While the source bias does not follow paper on the subject to prove it has acted differently”, the mayor's response is said.

Shaban-Rama points out that although there is no access to counseling and voting documentation because that documentation only has access to the Court of Appeals' college, and also, it cannot present questions to the jurors because the voting hearing is closed, decisions made within the hearing are reflected in the act that has already been made public.

Judge Kuci, without consulting members of the court, had made two other decisions on changing the Sekiraha mass

In addition to the May 3rd 2024 security measure ruling, when Sekiraqa was allowed to defend herself in freedom, the Court's president suggests that two more decisions for the change of measure were made without consultation.

Shaban-Rama has said that even the act of October 15th, 2021, despite the fact that the subject has been under investigation and that defence of the plea for detention had made it into trial, Judge Kuci without consulting the court body has taken an offer to cut the detention and appoint the house arrest measure.

Also, the chairman confirms that the same judge without consultation with the jury has acted on the February 9, 2024 ruling to disrupt house arrest by replacing it with the extent of the presentation at the police station.

In the session the change of mass was rejected, about a month later the judge decided to change it himself.

Basic Court in Pristina head Albina Shaban-Rama confirmed to “Justice Vow” that at the session of January 15th, 2024, the court had refused Sequirah protection proposal for house arrest, but that later on February 9, 2024, Judge Kuci made the decision to change the measure.

“at the trial hearing of 15,01.24, following the lawyer's proposal that the defendant for breaking house arrest, at the end of this procedure you can see that the court has rejected the lawyer's proposal, while by the date of 09.02.2024, as the chairman of the court gets the sole decision to exchange the house arrest measure with the provision of the police station even though there is no prosecution of the body”, it is said at Shabani-Rame response.

That the defence proposal for the change of the move was rejected at the January 15th, 2024 session, the hearing of that session also testifies.

“Linked to the defense attorney's proposal and the special prosecutor's statement, as well as the damaged side regarding this proposal, that indictees Enver Sekiraqa be interrupted with house arrest measures, and the same is replaced by the size of appearance at the court police station gets a decision: With which the defence attorney's proposal is rejected and the latest act on which the accused continued the house arrest measure”, says the session's panel.

These actions of the judge, the mayor says they present violations of the criminal procedure and simultaneously violations of the magistrate's duties.

For me, as the judge's actions for changing security measures without approval of the court present violations of the criminal procedure and actually violations of the magistrate's duties, because when the case is tried in the court, it does not give the president of the Court a discretation to act alone and especially in changing measures during the time when the trial was in procedure of over”, Shaban-Rama has said further.

Shaban-Rama has said that it is already left to the investigative panel to prove the whole issue.

Otherwise, “Justice Vow” on Tuesday has reported that at an extraordinary meeting of the closed-door Kosovo Judiciary Council, Judge Agim Kuci has been suspended until another Council decision. This decision comes after the Securitate case.

The Council, after reviewing and analyzing two disciplinary cases, has established investigative panels. As for the AD/CDR case for4/2024/ J T HPR-AD/GTHPR/8/24, the Council, based on the demand of competent majority voting authority, ruled that the judge, who is subject to the investigation, was subject to another Council decision”, is said to have announced the KDR.