“Gylenists” defence requires release of former AKI chief, prosecution seeks to convict two more

In this case, besides Gashi charged, there were also Valon Krasniqi, former director of the Department of State, Asylum and Migration at the Ministry of Internal Affairs and Benderman Sylejmani, former director of the Directorate for Migration and Foreign Under Border Police, who on July 19, 2023 Pristina's Constitutional Court has acquitted them of the prosecution reports “The Justice Vow”.

While accused Gashi on July 19th 2023, he was sentenced, to 4 years and 8 months in prison, for the criminal act “Kestum use of official position or authority”.

But, contrary to the first-instance decision, at Appeals, had filed complaints against accused Gashi's defender, lawyer Latifaj, who has considered the prison sentence to be contrary to the legal provisions in power, seeking the release of his defender

“This judgment does not stand, do not return it to restoration ... to amend the Constitutional Act, against it and free it”, attorney Latifaj said.

Lawyer Latifaj's position was supported by lawyers Ekrem Hoxha and Flallon Sylejmani, defenders of the accused Krasniqi and Sylejmani.

According to the Supreme Court's reference judge of the Appeals College, Judge Ferit Osmani, against the Constitutional Court Act in Pristina, has filed a complaint with the Special Prosecution, demanding that the accused Gashi severely condemn the sentence.

While, for other indictees Krasniqi and Sylejmani, the Appeals Prosecutor, has demanded that the same be changed in judgment and convicted or the case be turned into retrial.

In addition, lawyer Hoxha, the defender of the accused Krasniqi, said he opposes the prosecution's complaint as a whole, adding that he has not been proven to have committed criminal acts as the Special Prosecutor claims.

Similarly, attorney Sylejmani, defender of the accused Sylejmani, objects to the prosecution's complaint, adding that the first court has committed no offense during the proclamation of this act.

The Appeals Court in December 2021 has ruled the Constitutional Court in Pristina, with which it had for the second time refused to reject the indictment.

Otherwise, on May 21st 2021, the Special Department of the Foundation Court in Pristina had confirmed the indictment filed by the Special Prosecutor against Driton Gashi, Valon Krasniqi and Bemer Sylejmani.

However, the Court of Appeals argued that there has been substantial violations turned this case into a restoration in terms of the part in which the first instance court has refused to base the defense's requests for insinuating the indictment and rejecting evidence.

With the Constitutional Court ruling in Pristina, in addition to confirming the indictment, this court had approved several defence proposals for the unacceptable declaration of certain evidence.

While, following the return of the case in re-establishment of the first-instance court on August 28, 2021, he had again refused the demands of defence, the rejection of the indictment, and the denial of evidence in the argument that sufficient evidence is in the subject's papers, which supports the accused's well-based suspicion of committing the criminal acts he is charged with.

And that this ruling on December 16, 2021 has also been confirmed by the second-degree court, rejecting defence complaints as groundless.

Otherwise, on April 26, 2021, the Constitutional Court in Pristina had held the second review of the case, during which hearings accused through their defenders had submitted requests for dropping the indictment and rejecting evidence.

Former AKI chief Driton Gashi, director of the Department of State, Asylum and Migration at MPB, Valon Krasniqi, and director of the Directorate for Migration and Foreigns under the Border Police, Qundman Sylejmani had asked the Constitutional Court in Pristina to drop the indictment against them, even rejecting the evidence in it.

Meanwhile, the procuro Habibe Salihi had requested confirmation of the indictment, with which the Special Prosecutor of the Republic of Kosovo (PSRK) charges Driton Gashi, Valon Krasniqi and Beftman Sylejman for the criminal work of abuse of official position or authority, while Sylejmani also for criminal acts of illegal deprivation from freedom.

According to the indictment filed by the Special Prosecutor of the Republic of Kosovo on February 24th 2021, Driton Gashi is charged with being a formal person at the time of the criminal work, director general of the Kosovo Intelligence Agency, further AKI, from March 23rd 2018, to March 29th 2018, in Pristina, in order that citizens of the Republic of Turkey, Cihan Ozkan, Yusuf Karabina, Kahraman Demirez, Hasan Hyseen Demir and Mustafa Erden, who had legal permission to stand in Kosovo and Karako who had made a stand for permits in Kosovo, whose procedure had not ended with the expulsion of Kosovo's police and staff to the Turkish authorities.

Always according to the indictment, Driton Gashi is accused of misusing official duty, failing to fulfill official duties according to competence, in a manner that the Department of State, Asia and Migration, further D ZAM, the MPB's, recommended revocation of residence permits for Turkish citizens Cihan Ozkan, Yusuf Karabina, Kahraman Demirez, Hasan Hyseyn Demir and Mustafa Erden and the failure to obtain permission for Osman Karakoya, because they pose a threat to national security, fact that has not been proven in a procedure implemented on the basis of law, while accused of Mutsman Sylejmani, director of the Directorate for Migration and Foreign Affairs at the Ministry of Internal Affairs, away from DHH, the orders to expel six of the forces damaged by the Republic.

The SPRK claims that accused Driton Gashi, of this procedure and the expulsion of those forcibly injured by the Republic of Kosovo, has not announced the president and prime minister of the Republic of Kosovo, as provided with the Law for AKI, nor the head of state as envisioned by Article 25 of the Law for AKI, and that has also surpassed powers including AKI, in arrangement for travel, transportation and participation in the expulsion operation that were not the competencies of the agency leading the agency, then engaged directly in the action of their expulsion, even though it was not in its competence.

With these actions, The PSRK charges accused Driton Gashi that he has committed criminal work “The use of official position or authority”, from Article 422, paragraph 1 of the KKP.

According to this indictment, Valon Krasniqi is accused of being an official person, director in DSHAM in the MPB, in the period of March 23rd 2018 and until March 29th, 2018, misusing official duty by failing to fulfill official duties according to competence, in that in opposition to the 91st Foreign Law, he made a decision on revocation of legal permits to hurt citizens Cihan Ozkan, Yusuf Karabina, Kahram Demirez, Hasan Demir, and Mustafa Erden Erden, and with opposition to the 44th law of the same Karako, which was in the procedure for taking the post without a decision, while acting on the basis of legal license, but for the prosecution of Turkey's decision, however, to meet the demands of the constitutional authorities, and to informing Turkish citizens.

Always according to the prosecution, also indictee Valon Krasniqi, his legal responsibilities for identifying the outcasts, securing sheets, providing medical care, and authority to implement the operation of their deportation by force had surpassed them AKI and the Kosovo Police, thus violating the rights of the injured, the right to stay and legal work in Kosovo have caused moral and material damage to the injured.

With these actions, The PSRK charges accused Valon Krasniqi that he has committed criminal work “The use of official position or authority” by Article 422, KKP's 1st paragraph 1.

The PSRK charges the accused Behemman Sylejmani as the official person, director of The DMH, near the MPB, on March 29, 2018, in Pristina, exceeded official competencies in the way it issued six orders for the forced expulsion of 6 citizens of the Republic of Turkey, the damaged Cihan Ozcan, Yusuf Karabina, Kahraman Demirez, Hasan Demir and Mustafa Erden, who had legal permission to stay and work in Kosovo, and Osman Karakoya who was in procedure for taking residence and work, even though on the basis of the Article 99, par.1 of the Foreign Law, was not at all DHM, but at the DH authority of DHM, but at DHMM.

While ordered for forced deportation, they were said to have been removed even though none of the conditions were met for issuing the order for forced expulsion from Article 97, par. 1 of the same law and also saw the initial procedure implemented at Article 97, paragraph 8 of the same law, while, forced and penetrated the injured Hasan Gunakan illegally, even though he had not been revoted at all to leave his stay and work in Kosovo and had no warrant for his deportation, thus seriously violated the rights of those injured in Kosovo's position and employment, with cerras causing moral and material damage to the damaged.

With these actions, the prosecution charges accused Beftman Sylejmani that he committed criminal work “The use of official position or authority” by Article 422, paragraph 1 of the KKP.

Also, the prosecution charges Beften Sylejmani as an official person, in the quality of both the IIIth point of this device, during March 2018 in the schools “Mehmet Akif”, in Gjakova and Lipjan, and in the house of the neighborhood “Marrigona” in Pristina, with the help of the Kosovo Police, prioritiously delicated from freedom by deporting and enrogating the checker to the device III without having existed any pre-primated legal pre-prisonment with the provisions of the Pristina 292, and the constitutions of the Kosovo Republic 13, and the 1st sentence on the Penal Code.

With these actions, P The SRK charges the accused Beftman Sylejmani that he has committed the criminal act “The illegal duty of freedom” by Article 196, par. About money. Three of the Penal Code.