Confirmed indictment against Donika Gervalles for defaulting wealth

The “Justice Vow” has secured the ruling made on June 19, 2024, through which the court has refused requests for opposing evidence and throwing down the indictment issued by Gervala defender Saranda Kekkolla- Sadiku.

And in order for the court to have a clearer mirror regarding this criminal case as well as the fact that the same one is obliged to prove exactly and completely to prove the facts to make a legitimate decision, it has decided that the criminal procedure initiated against Gervala is carried on in other phases of the procedure.

Regarding the charge of exact non-reporting of property, at the initial session on March 7, 2024, Gervala was declared innocent. Her lawyer, Keckekolla-Sadiku, then filed a request to dismiss the indictment.

The defence had claimed that there is not enough evidence to support the well-based suspicion that her defense has committed the burden-based criminal act, stressing that the indictment is flawed and is not in line with legal requirements.

“... because the prosecution has presented no single proof that it had to prove “the well-founded alleged”, that the defendant was subject to any form of criminal offense being weighed to”, had the lawyer Kekkolla-Sadiku stressed her request.

However, such defence demand, according to the Constitutional Court in Pristina, is unfounded and the same has been rejected.

The court has found that the indictment is based on evidence taken back from the legal provisions, and according to it, there is no room for impeaching the indictment because there are no circumstances that exclude criminal responsibility, criminal acts are not involved in prescription, and there are no other circumstances that prevent prosecution.

“... considering that at this stage of the criminal procedure, the court is also bound by the legality of the indictment to prove that the criminal act for which the defendant is accused constituted criminal offence, so considering that on the basis of Article 7 of KPRK the court is obliged to prove exactly and completely the facts that are important for making the legal decision we consider that in this criminal case a judicial examination should be held so that the court will have a clearer mirror on this criminal case”, said further in the court ruling.

Also, defence claims that the prosecution of the defendant in the burdened criminal case has not been confirmed, this court has deemed them groundless because the defence-proposed event cannot be considered at this stage of criminal procedure.

The fact that the court is not authorized to make a assessment of the evidence at this stage of the procedure, the claims in the concrete case are issues that will be assessed and verified in further judicial examination following the evidence management, where even the guilt or innocence of the defendant” will be proven, It says this decision.

According to the Pristina Constitutional Prosecutor's Act, compiled on 31 January 2023 by prosecutor Astrit Gashi, Grovall is charged that in the quality of the high public official with the legal obligation of property declaration, in the form for property statements on 22 March 2021, it has not accurately presented the required data by law.

The Actakuz says the same on this form has not stated any in-lines of her husband, Stefan Schwarz, even though he has declared the same as a husband.

On the other hand, it is said that Gervalla has not declared the entire cadastral-land agricultural parcel, owned on its surface of 3964 m2 in ZK Dubovik-Decana, declaring only 2,000 m2.

Also, Gervalla allegedly did not even declare business “Alb Lingua UG” registered in Bonn, Germany, on behalf of her.

With these actions, Gervala is accused of committing criminal work “underreporting or false reporting of property, income, gift, other material benefits or financial obligations”, by Article 430, paragraph 2 of the Republic of Kosovo Penal Code.

By contrast, Pristina Constitutional Prosecutor, on May 29, 2023, had confirmed to “Justice Trust” that he has filed charges against Gervala.

“Referenced to your request, we inform you that the State Attorney, in 31.01.23, has filed an indictment against D.G., due to the criminal act “No false reporting or reporting of property, income, gift, other material benefit or financial obligations”, according to the Penal Code of the Republic of Kosovo, as well as the same proceeding in the Court for further treatment of”, confirmed the spokesperson for this, the prosecutor, Laeta Utlay.

After the news of the indictment's establishment was made known, Minister Grovall said it is an attempt to negate representatives of institutions.

Otherwise, on October 2nd, 2021, “Justice Trust” has reported that Donika Grovalla, deputy prime minister and Minister of Foreign Affairs and Diaspore (MPJD) has not declared all functions in local and international institutions.

Four months after this research, the Anti-Corruption Agency (AKK), now the Agency for Prevention of Corruption (APK), had announced it is still handling the case of Minister Gervalla.

According to this research, it proved that Gervala did not declare that she owns business in Germany, has not shown that she is the director of a foundation in Kosovo, nor has she declared the wealth of her husband and children. /A Vow for Justice