Rejected as unfounded libel suit and insult by Mimoza Kusari-Lila to Ardian Gjini

The indictment was exercised on November 13th 2017, where Mimoza Kusari-Lila through the indictment has sought compensation for moral damage to slander and insults against indictees Ardian Gjini. The indictment's object is statements by Gjakova municipality chairman at the time of the municipal election campaign, where Kusari-Lila, currently deputy in the Kosovo Assembly in the Vetevendosje parliamentary group, was in the race.

In the decision of the Gjakova Foundation Court, he made on August 9, 2024, which he secured. “Battle for Justice”, it is said that initially the court, based on the guidelines of the Court of Appeals and on the basis of the CEDNJ principles and in interconnection with the proven situation, has assessed that the indictee's statements, delivered along the election campaign, in the quality of the candidate for mayor, have been made in the context of the election campaign and are his criticism and assessments about the current leadership of the Gjakova municipality by the prosecution at the time of the debate.

Under the decision, those statements of indictees directed against his candidates in the contest, as mayor of the municipality in times of elections, were not aimed at assessing the plaintiff's personality, but that the same were the indictees' assessment of the exercise of its public office, which constitutes an issue raised in the citizens' general interest.

Also, the ruling says that the court has deemed the plaintiff's claim that, in concrete cases, the indictee's statements heard in the quality of the side, it turns out to be a statement of the request, but the court found them groundless, that the indictee along with the procedure had never denied making statements such as in demand, but that the same procedure had opposed the prosecution's claim that these statements constituted slander and insults

The court has praised the statements and other evidence of the interjudiced parties, and has concluded that the same are inconsistent in the merit of this controversial legal case.

Thus, the court has estimated that since the judicial basis of the prosecution has not been established, the indictee does not have to compensate for the damage on the basis of the slander demanded as in the exact requirement.

While, plaintiff Mimoza Kusari-Lila has been forced to pay for the procedure's expenses on behalf of payment, the indictees will pay the amount of 900 euros and 6 euros, in the 15-day deadline from the day of admission of this act.

Otherwise, the indictment reportedly indicted Ardian Gjini on October 2nd 2017 on the “Local Magassine” show in Klan Kosova had claimed that “z. Mimoza Kusari-Lila has given herself permission 23m from tower “Sylejman Vokshi”, thus borrowing the citizens of Gjakova”.

Also in the indictment, the indictee Djind and October 24th 2017 on the “Rubikon” show on KTV has issued these statements: “z. Mimoza Kusari-Lila has awarded tenders to businesses in which she is a marriage partner, in this case Mr. Arben Lila, adding here that he has left nothing without doing for personal interests.” He stressed that the husband, so “Arben Lila, is a partner in Fiberlink and a discotheque”.

The indictment also says that the same show “Local Magaza” in Klan Kosova indictee Djindani has declared: “Mayor, Mrs. Mimoza Kusari Lila has depleted the lands near tower “Sylejman Vokshi” for personal interests, and these are the ones that have stolen the Gjakova municipality budget for personal interest”.

According to the indictment, the indictee's claims stand in no circumstances, and in this case the wife of the plaintiff Kusari-Lila, Arben Lila, is neither a partner nor owner of “Fiberlink”, and actually none of the businesses who have won tenders in the Gjakova municipality.

Also in the indictment, the Kusari-Lila suit reportedly had no personal interest in expropriating lands to-about tower “Sylejman Vokshi”, given that the urban plan for this part has been drafted long before Kusari-Lila served the citizens of Gjakova.

The indictment requires that the indictee be forced to on behalf of compensating moral damage to compensate for the amount of 9 thousand 500 euros, with legal interest of 8%, as well as to be ordered that the indictee make a public apology for the slander the indictee has made and to expose them to as a whole.

Otherwise, the Constitutional Court in Gjakova on June 10th 2019 had partially approved the request of the indictment of Mimoza Kusari-Lila, while the Court of Appeals had turned the subject into retrial, consenting to the prosecution of the indictee's complaint, and undermining the Constitutional Court's bias with the argument that the legal position of the first degree is wrong.

Court hearings regarding this case can be found THESE.