Missing indictee Shkumbin Demalijaj, fail trial in case “Venters”

Missing indictee Shkumbin Demalijaj, fail trial in case “Venters”

In the absence of indictee Shkumbin Demalijaj, Thursday's session, known as “The Vinterians” has failed. In this case, in addition to former demalijaj delegation, former Prime Minister Agim Ceku, former Defence Minister Rrustem Berisha, Nuredin Lushtaku, Sadik Halitajha, Qela Gashi, Shukri Buja, Ahmet Daku, Faik Fazliu, Smajl Elezaj, Fadil Shudaj [...]

In this case, in addition to former demalijaj delegation, former Prime Minister Agim Ceku, former Defence Minister Rrustem Berisha, Nuredin Lushtaku, Sadik Halitajha, Qele Gashi, Shukri Buja, Ahmet Daku, Faik Fazliu, Smajl Elezaj, Fadil Shudreaj and Jashari.

Regarding the absence of Demalijaj, lawyer Gerta Ragip, who was a replacement for lawyer Arian Koci, said the same had announced that accused Demalijaj could not appear at today's hearing with the reasoning that he has the anniversary of his brother's fallen testimony, “Betim for Justice”.

Following the request of the chairman of the court, Judge Gazmend Bahtiri for a more specific reason contacted Koci, and the latter announced that the accused Demalijaj had written that he could not appear at the session after having the anniversary of his brother's testimony.

Judges Gazmend Bahtiri said that they were aware of this situation and that they appreciated the cases of martyrs but that, according to him, it was not correct because the accused and their defenders were present at today's session.

In this case, on December 21, 2023, former commander of the Drenica Operative Zone Sami Lushtaku testified.

The Constitutional Court in Pristina, on 16 April 2021, the accused had been acquitted of the prosecution. But the Court of Appeals on April 26, 2022 has turned the case into retrial.

According to the Special Prosecutor of the Republic of Kosovo (PSRK), the accused by misusing their official duty, as part of the KLA War Partier Commission for Recognition and Verification of the Status of the Nation's Witness, Invalid, Vetran, Partitor and Intervention, have caused damage to Kosovo's budget worth 88,769.217 euros.04 euros.

On these charges, the Constitutional Court in Pristina had taken on a release act even on January 19, 2021.

The act in this case was compiled three months later, where P SRK had been able to file complaints against this act within 15 days.

Otherwise, the Constitutional Court in Pristina, on June 19, 2019, had confirmed the indictment for the case, while the Court of Appeals had confirmed the verdict in August 2019.

With the SPRK indictment, it was also required that the Constitutional Court in Pristina order the Ministry of Labour and Social Management (MPMS) to suspend payment of pensions for 19 thousand and 500 veterans, until the completion of the judicial process.

But, on April 1, 2019, the court had rejected this request, arguing that the proposal for provisional measures is not against the accused, but against the MPMS as the third party.

And after the hearings held, the Constitutional Court in Pristina, on January 19, 2021, has declared a free trial against the accused in this case.

According to the indictment prepared by former special prosecutor Elez Blakaj, the involved persons reportedly from 2011 to 2017, acting as members of the Government Commission for recognition and Verification of the Status of the Nation's Witness, Invaledit, Veteranit, Partitor and Intervention of the Kosovo Liberation Army's War, have used the duty and official authority, passing over competencies and failing to fulfill official duties in order to benefit other persons illegally, in order to continue, at the damage to the budget of the Republic of Kosovo.

In this indictment, 12 persons are involved who are tasked with criminal work “The use of official position or authority”.

As had been reported by “Justice Trust”, the list of accused persons leads Agim Ceku, followed by Nuredin Lushtacu, Sadik Halitijaha, Shumbin Demaliaj, Qele Gashi, Shukri Buja, Ahmet Daku, Rrustem Berisha, Faik Fazliu, Smajl Elezaj, Fadil Shudaj and Jawitari.

The PSRK, too, had proposed to the court to issue the move to prevent the payment of legally acquired pensions as KLA war crimes veterans until the end of the criminal procedure.

In addition, according to the SPRK, evidence provided that illegal fees for KLA war veterans had been damaged in many of the Republic of Kosovo's 68,153,533.14 euros.

While, with the indictment handed down to the court on December 7th 2018, it is claimed that the Republic of Kosovo budget had been damaged in many of the 88.769,217.04 euros.

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