Tear gas drop in the Assembly confirms indictment against Svecla and three MPs

According to the decision taken on June 6, 2024, with which the court has refused defence requirements for contesting evidence and dropping the indictment, reports Justice Vow.

The Constitutional Court has found that the evidence has been taken in line with the law, the indictment does not contain shortcomings that enable the continuation of the criminal procedure and that it contains all the necessary elements to be processed in other phases.

Therefore, the court finds that all evidence and indictment has been established in harmony with the 235 KKPPRK Article”, the court ruling says.

At the initial session held on March 26th 2024, Minister Svecla and three MEPs Millaku, Zyba and Pacolli-Dalip had declared themselves innocent of dropping tear gas in the Assembly.

The defender of the accused Svecla, lawyer Laur Preaja, in the motion he had demanded that the indictment be dismissed with the claim that there is not enough evidence supporting the suspicion that his defender has committed the burden-on criminal act.

He has also claimed that the work Svecla is accused of does not contain elements of criminal acts, since according to him, it is not known that his defense's actions by which law contradict, the law on weapons, or contrary to the law on explosive matter.

The rejection of the indictment had also been sought by the defender of the accused Pacolli-Dalip, lawyer Lavdrim Salihu, defender of the accused Millaku lawyer Labinot Buzuku, and defender of the accused Zyba, lawyer Laura Pnisci.

According to them, the indictment does not rely on facts and sufficient evidence that supports the well - founded suspicion that their defenders have committed the criminal work they are charged with.

In fact, Zyba's lawyer, Laura Pnish in her parade, had claimed that her protector is a secular person and did not know that the tear gas tank is considered a weapon under the Kosovo Criminal Code and that it has not intended to harm anyone.

In terms of these requirements, the Constitutional Prosecutor in Pristina has submitted written answers in which he has asked that defence requirements be refused as groundless and has proposed that it be continued with the appointment of judicial reviews with the aim of managing and examining evidence.

Minister Svecla and the three deputies, Millaku, Zyba and Pacolli-Dalip were also charged with criminal acts “Pegim of the official person in performing official duties”, but for this work at the initial session of Sabit Sadikuj case, the judge had announced he reached the absolute prescription of prosecution.

The “Justice Vow”, in October 2021, had reported exclusively on the indictment filed with Minister Svechla and MPs Milaku, Zyba and Pacolli-Dalip.

According to the indictment provided by “Justice Vocation”, which turns up on July 29, 2019, Svechla, Milaku, Zyba and Pacoli-Dalip are charged that on March 21, 2018, around 12:10 until 15:40, several tear gas canisters had been fired into the Kosovo Assembly Hall, where the plenary hearing was being held.

It says that as a result, all MPs had been forced to free the House of Parliament, with what cases they could not continue the session.

With this, each alone is accused of committing criminal work “the use of weapons or dangerous tool” by Article 375, paragraph 1 of the Penal Code, whose owner is sentenced to imprisonment of one to eight years.

And according to the second device, it is said that each alone committed criminal work “The possession of the official person in performing official duties” by Article 409, paragraph 1 of the Criminal Code, after obstructing Kosovo Assembly deputies in carrying out official duties. The head of this work is sentenced to imprisonment of three months to three years.