Ismet Bahitari's detention continues

The decision was made by the court of preliminary procedure, Marjorie Masselot on July 26th 2024.

Masselot has also issued several procedural orders for Bahhitari and the Socialised Prosecutor's Office (ZPS).

Pre-practice Procedure Judge Orders: Continued Mr. ; Bahhitari, B. Sir. Bahitari, if he wants to do so, present the surrenders to the upcoming detention review by Monday, August 26, 2024, with answers and Replics following the set term in Rule 76 of Rules; and c. Order the ZPS, if Mr. Bahitari decides not to present any surrenders within the aforementioned deadline, to present surrenders on the upcoming review of Mr. Bahhitari by Tuesday, September 3, 2024, and Mr. Bahhitari, if he wants to do so, to present his surrenders no later than Tuesday, September 10, 2024”, the decision said.

In reasoning on this decision, the trial of the preliminary procedure has reportedly found that clear reasons exist, with which Bahitari can escape, prevent the performance of procedures, or commit other crimes.

However, it has been considered whether such dangers can properly be softened by any condition for his release.

When we are at this point, the SPS in its statements had in mind the judge's findings in the fourth decision of continuing custody of Bahtyar, which had found that no way of parole could sufficiently ease existing risks.

However, the SPS had indicated that detention of Bahhitari remains reasonable and proportional.

“ZPS claims Mr. Bahhitari remains reasonable and proportional. In support, the ZPS argues that procedures continue to move forward rapidly and that any recent delay, limited to transferring the case file to the judicial panel, has been the result of demands by Mr. Bahhitari and his accused. At first, the judge of the preliminary procedure remembers the importance of the principle of proportionality in determining the reasonableness of pretrial detention, as reflected in Rule 56 (2) of Rules”, the decision says.

On the other hand, the preliminary procedure judge had suggested that, in accordance with the DPS Law and regulations, detention of Bahitari will be revised every two months, or once any change of circumstances appears.

It has also found that the time Bahhitari spent in custody before the trial against him begins is not unreasonable, so the continuation of this move against him has been ordered.

Otherwise, on February 8th, preliminary procedure judge Nicolas Guillou has approved the request of the Specialised Prosecutor's Office (ZPS) for joining the charges confirmed in the case against Ismet Bahitari and Sabit Januzi with Haxhi Shala.

In the decision to unify the charges, the pre-procedure judge has reportedly ruled that the two charges confirmed in the case of 10 and 11 charge the three accused for the same criminal acts, specifying that they have acted as a group. The ruling also states that the charges confirmed in these two cases are borne by the same actual claims.

According to this, the judge has decided that the SPS will grant permission to change the indictment confirmed in the case of 10 referring to the first amendment, while the second amendment was rejected.

Also, Judge Guillou instructed the SPS to file a request for a change in the indictment confirmed in the case of 10 according to the second amendment, but in line with the rules of Rule 86.

After the unification of the two charges was approved, Guillou decided that the common issue would continue with the KSC-BC-2023-10, which would be renamed in such a way as to involve the three indictees.

The Office of Specialised Prosecutor (ZPS) had handed over the joint indictment on January 12th for the case of Sabit Januzi and Ismet Bahitari and Haxhi Shala.

At the first session, in front of preliminary procedure judge Nicolas Guillou, Bahhitari and Januzi have pleaded innocent to charges imposed by the Specialised Prosecutor's Office.

The act against them has been established on October 4, 2023, with which they are charged with attempting to persuade a witness not to give a witness.

They are accused of attempted obstructing official persons for carrying out official office, by grave threat, between April 5th and 12th, 2023, criminal acts against public order, punishable under articles 17, 21, 28, 31, 33, 35 and 401 (1) and (5) KKP, and articles 15 (2) and 16 (3) of the Law.

Also, for trying to deter official persons from carrying out official office, through participation in a group's joint action, between at least 5 and 12 April 2023, criminal action against public order, punishable under articles 17, 21, 28, 33, 35, and 401 (2) and (5) KKP, and articles 15 (2) and 16 (3) of the Law. Also, for trying to intimidate during the criminal procedure, between at least 5 April 2023, criminal acts against justice administration and public administration, punishable according to provisions 17, 21, 31, 33, 35 and 387 of the KKP, and nines 15502) and 16 (3) of the Law.

On 6 October, in a report by the Specialised Prosecutor's Office, it is said that Ismet Bahtiari and Sabit Jauzi have been arrested and transferred to The Hague under suspicion that they have tried to convince a witness not to give a witness.

According to the indictment, Sabit Januzi and Ismet Bahitari, through the grave threat and joint action of a group of people in whom both attended, tried to prevent official persons, such as judges, prosecutors, court officials, prosecutorial officials or persons authorised by the court or prosecution, in carrying out official duties.

In the indictment of December 12, 2023, however, Chief Special Representative Kimberly West accuses Shala of fearing witnesses, trying hard to prevent official persons from performing official duties individually and group participation. /Betimy for Justice