Shala's request to separate judicial process from Januzi and Bahhitari rejected

The decision was taken by the trial of the preliminary procedure, Marjorie Masselot, on August 27th 2024, reports “The Law on Justice”.

Under the decision, Shala's defence has indicated that her client is facing unnecessary delays in passing the case to the court. They have claimed that if Shala is involved in the same process as Januzi and Bahhitari, his right to be tried at a reasonable time will be violated.

Shala's “Protection argues Mr. Shala has been damaged by earlier delays in this case, including as a result of the addition of an indictment against gentlemen Januzi and Bahhitari”, the decision said.

In the decision, it is said that Shala's defence has claimed it is unacceptable to continue being held in custody by their client for continuing delays for which he does not bear responsibility and are out of his control.

In its request, Shala's defence says their client's case must be divided in order to send the case faster for trial.

While the SPS has indicated that the separation of the case will not accelerate the procedures on Shala and that it will influence the delay of one of the two separate judgments, which could result in the endangering of the rights of the accused.

“The ZPS also presents that the powerful reasons that led to the unification of the charges remain valid and entirely against partition”, the decision said.

While, in the outcome of that decision, it is said that the judge of the preliminary procedure is pleased that the actual phase of procedures has been conducted in reasonable times.

In addition, the preliminary procedure judge considers Mr. Shala's right to be tried at a reasonable time should be balanced with the need to ensure proper administration of justice. In this direction, the judge of the preliminary procedure finds that the considerations that led to the unification of case 10 with Rusty 11 remain valid today. The trial of the preliminary procedure first recalls that the accused are accused of the same works based on the same” events, the decision says.

On the other hand, the ruling says that the judge of the preliminary procedure has noted that separate judgments would double evidence as witnesses should testify in two judgments

The trial of the preliminary procedure also points out that separate judgments would undoubtedly increase time and judicial resources. The preliminary procedure judge puts in this direction that the SC court's halls have limited availability, as they should be shared with other Panele”, the decision said, adding that the separation of cases would affect the capacities of TSK and that one of the trials would risk failing in months.

As a result of these findings, Haxhi Shala's defence request has been rejected.

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.

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 Agent Kimberly West accuses Shala of fearing witnesses, trying hard to prevent official persons from performing official duties individually and group participation.