The second instance is set for the initial session against former KEK chief Nagip Krasniqi and the other two

The initial court hearing against former head of the Kosovo Energy Corporation (KEK), Nagip Krasniqi and the other two, Ymer Dragusha and Isuf Zana, is scheduled to be held in 28.01.2025.

KALLXO has confirmed this for the magistrate's office, Beqman Beqiri.

Kosovo's Special Prosecutor, in 30.12.2024, has filed charges against Nagip Krasniqi, Ymer Dragusha and Isuf Zamena.

The chairman of the court in this case is Behemman Beqiri.

The defendants are charged that during the 2021 period of 2023, by their illegal actions have caused damage to Kosovo's budget, about 37m euros by committing criminal acts: Misuse of duty or official authority, revealing official secrecy and assisting in misuse of office or official authority.

We remember that Krasniqi already has another court case, in the quality of the accused for the same position as the former KEK chief.

Regarding the first indictment, Krasniqi had not pleaded guilty, while the case is under way.

What does the new Special Prosecutor's Act on Nagip Krasniqi say?

Nagip Krasniqi as KEK chief chief in co-ordination with Ymer Dragush (the task of director of the Procuration Office) is charged that from November 2022 until the end of January 2023 they have misused their official office by overstepping their competencies.

According to the prosecution's indictment, overcoming competence has been made to benefit the other person, in this case economic operator “Litwin S.A”, in case of procurement activity related to “capital recovery of the bloc's cadence of A5”.

In response to the prosecution in 27.12.22, Krasniqi had invited accused Ymer Dragusha to his office, urging the same procedure for market research to be initiated, to initiate the negotiated procedure for the tender for overhauling the A5 bloc's seat. According to the prosecution, Dragusha had informed Krasniqi that such a thing is contrary to the Public Procurement Law.

On the other hand, the prosecution claims that Dragusha after receiving request from Krasniqi, had told official E.T., to invite the representatives of economic operators to the meeting: “Intering”, “Mounting Energy”, Litwin S.A”, who had been previously declared irresponsible in the open procurement procedure.

Three days later, according to the Prosecution, on 29.12.22, Krasniqi and the other indictee Dragusha had held negotiations with the economic operators regarding the tender “capital make progress of the bloc's Kalda of A5” without being on the Commission for Education and Negotiation yet without making announcements on the E-Procurem page. While, in 16,01.23, after the end of the negotiations, they made the announcement by eliminating operators from the competition: “Intering”, “Monting Energetic” and favouring the operator “in S.A”.

The establishment of the Commission for Rating and Negotiation for “The emergency capital recovery of the bloc's Tranche A5” was made four days later. Exactly, on 20,01,2023 since the announcement was made for the company “Litwin S.A.”. This Commission has come with a statement, in 2501.23, that the operator in question failed to meet the conditions required in the Dossing of the tender and that he did not abide by the promises given during the development of negotiations, with the Commission recommending that the procurement activity be annulled.

According to the Commission, the operator in question had sought to change the tender conditions, extend the deadline for performing jobs, lower the percentage in the penalty, and reduce bank guarantees.

Although the chief chief chief of the time, Nagip Krasniqi was aware of the Commission's Report and its findings, as highlighted in the File, he had ordered the other defendant, Ymer Dragusha, to sign the contract. It was by e-mail, in 25.01.2023. The contract was then signed, though the bank guarantee had not yet been secured, which would be executed in case of the contract's failure.

As a result of the defendants' actions, from 19,07,2022 to 06.05.23, the A5 bloc was out of office. So, as noted by the Apostle, KEK was forced to import energy worth 36m euros.

With this on the first device, Krasniqi and Dragusha are accused of misusing official office in co-ordination.

The indictment continues with the second device, in which Dragusha's Krasniqi is again accused of misusing official office in co-ordination.

In this device, Dragusha's Krasniqi is charged, according to the Prosecutor, that they have enabled the other economic operator “Rexepi Zeqiri Zejria L. L. C”, in the case of developing procurement activity “The engagement of a legal consulting company” ) contrary to the Public Procure Law.

Krasniqi, according to the prosecution, was consulted on reference terms with the defendant, Isuf Zeynep, who is the shareholder of this legal company in 02.03.23 and has asked the other indictee Dragusha to initiate the prosecutor's procedure on the commitment of legal and procurement consultancy for chief executive chief and KEK staff, though in the declaration of the needs and determination of the funding availability, it was not pre-defined by specifying the operator for the company <x0). L.C.”

According to the Prosecutor, close social reports existed on one side between the parties

The file further reveals that Dragusha, despite knowing that Krasnqi's request was in conflict with the Public Procurement Law, had begun the procurement procedure in 02.03.23, titled “Aggression of a legal consulting company”.

Although the competent body for clarifying public procurement laws had issued a recommendation that there should be open procedure, Dragusha's Krasniqi had developed negotiation procedure with the legal company and in 03.04.23, following Krasniqi's order, Dragusha signed the contract with the legal company “Rejep Zeqiri L. L. C”, worth 60 thousand euros, is highlighted in File.

The 68-page volume Act on the third device again accuses Dragusha's Krasniqi of misusing the official task in co-ordination.

According to the third device from December 2022 to 18.04,2023 Krasniqi in the same quality and Dragusha as well in the same quality, misusing official duty has exceeded competencies by enabling wealthful benefit to the other person, economic operator “Ergotem S.A”, violating the rights to other persons for procurement activity “Plaka scurrying at PF cernel channel<3>.

Krasniqi, according to the Prosecutor, several months before the announcement was made to the Public Procurement Commission for the same activity, had illegally invited representatives of the operator “Ergotem S.A” in order to pay a visit to KEK workshops. On the other hand, he orders officials responsible for sending this company the technical tender specifications, yet without the announcement of the tender.

Thus, according to the prosecution, in 15.12.22, Krasniqi writes to the defendants, Dragusha, and orders that the tender to be announced in 16,12.2022 should be invited to the economic operator “SBB” and “Sending S. A” ) specifying pre-competitive contestants/offerers and then making the announcement of the contract on the same date.

After completing the bidding assessment process on the part of the Commission, the operator “Ergomem S. A” is named the winner of the tender. Before signing the contract, this company requires KEK to change the tender terms regarding bank guarantees, from 50 %s to the tender file to 10%. So this request is accepted by the two defendants, but by slightly increasing the percentage value to 15 %) by signing the contract in 07.04.2023 by Dragusha. In contrast, in 18.04.23, Krasniqi is signed, worth over 1m euros.

According to Prosecutor's File, at 25.01.23, in Pristina, in co-ordination in the quality of official persons, defendant Nagip Krasniqi as chief executive chief of KEK and Ymer Dragusha as task manager of the Procusing Office (ZEP), in Pristina, have surpassed their competencies, in order to benefit the other person, in this case economic operator {Tevis HellasTE and whereas you have violated other people's rights, as in the case of developing pro-necument of negotiating procedure, the <x1) monitoring of the project's implementation of the project, B2nd) with the B2ndFFFR, and the BCHFEFEFE, the BCHEGHEEEGHOC, the tenders, the BCHOD, the BCH, the BCHOCHOWE, has been in the tenders in the BCHOWCHOC. Procuring KEK-23-348-2-5 has acted in full opposition to the rules specified with the LPP.

The indictment reportedly, in 24.01.23, still without the announcement of the tender announcement, defendant Nagip Krasniqi had written to the defendant, Ymer Dragusha and unlawfully obliged him to contact the economic operator “Tay Hellas” and invite him to apply for the tender negotiations. However, KEK officials had initially notified the defendant, Nagip Krasniqi, that the move was contrary to the LPP's Article 7. Contrary to this, the defendant Krasniqi is said to be on charges via e-mail threatening A.K. that he will remove him from his work if he does not act according to his orders.

In the indictment, far away, it is said to be under threat and pressure, official Myrvette Grguri had contacted the company in question and had offered needed instructions on how to apply in the tender. All this one day before the announcement of the tender, because in 2501.2023, the announcement was made on the E-Procury tender.

In addition, the indictment reportedly despite the announcement by officials responsible for failing to negotiate procedure in the case of this tender, the defendants had ignored the announcement and had continued with the procedure negotiated only with the economic operator” TTUV Hellasque, which under the indictment had only selected defendant Nagip Krasniqi yet without the tender being announced.

In addition, the indictment says that during the negotiation procedure, the defendants had illegally favoured this operator: the tenderisation criterion of bank guarantees from 50% to 10%, and despite the fact that the economic operator lacked documentation in the tender points file, such as reference for work, expert and certificate ISO 9001.

The indictment describes that given the fact that during the defendant's negotiation procedure, Nagip Krasniqi personally had telephone contacts with the representative of this operator and being aware of the shortcomings the economic operator had in relation to the tender conditions, decided to sign the contract with this operator of 628,425,00 euros in 30,03,203.

Thus, by this co-ordination they had committed criminal work “misuse of official position or authority”.

Also, according to the Prosecutor's File, defendant Nagip Krasniqi from July until 25,11.2022, in Pristina deliberately in the quality of the official person as chief executive chief of KEK, misusing official duty in the indictment reportedly exceeded his competencies in order to benefit the other person. So in this case economic operator “bahri Aslan & FAM” and violates the rights of other persons, in this case economic operator “Takraf” and caused damage to Kosovo's budget ú so that in the case of developing procurement activity in negotiated procedure named as “ ) KEK-22-1643-5-2-550 had seriously violated the rules laid out with the LPP, in a way that had initially ordered high-record procurement activity.

Always, according to the indictment, then he had developed the so-called “initial negotiated phase with economic operator “Aslan & FAM” However, because of negotiating conditions, he had suspended negotiations with this operator and had opened new negotiations with the economic operator “Takraf”, with which after several meetings in 26.07.2022, according to the indictment, reached an agreement that was not immediately executed due to conditions on the ground. So it was postponed to create atmospheric conditions.

The indictment describes that despite the fact that with economic operator “Takraf” there was an agreement agreed on as described above, defendant Nagip Krasniqi through his official has e-mailed the economic operator “Bahrei”.

So according to the Prosecutor's file, with this co-ordination he has committed criminal work “misusing official position or authority”.

In addition, in the sixth device of the defendant's indictment, Nagip Krasniqi is charged with being charged in the 2022-23 period in Pristina, deliberately, in the quality of the official person as chief executive chief of KEK has discovered official secrets regarding procurement procedures that were taking place at KEK.

According to the indictment, these secretaries, the defendant Krasniqi, have shared them with the informal person, with Dejona Mihalin, respectively, who holds no official position in the state administration, and of which the defendant Krasniqi had access as a result of his duty and which were not public. Mihali is part of the ruling party, Vetevendosje Movement.

The indictment reportedly, on 02.07.22, defendant Krasniqi, during communications on the social network “What'sup? Mihail has sent the information about the suspicion of KESH's abuse of electricity under the 24.06.2022 agreement between KEK and KESH.

In addition, the indictment reportedly in 22.04.2022, defendant Krasniqi during communications on the social network “Signal? Mihali two documents for electricity exports for March-April 2022. Following her acceptance of the news regarding the publication of a information from the portal “Reporter” with the title GEN Company related to Ambassador Berisha received 4.2m euros from Kosovo for two months of energy crisis.

According to the indictment, the defendant Krasniqi, reportedly in 24,02.2022, during communications on the social network “Signal '%s' sent Michael a document entitled “Agent of the 09.02.2023) meeting, in which the main points are included, as well as terms of reference for the procurement called “Legal Consultancy Services and regulators.

On the other hand, it is said that by 12.04.23, the high-level defendant during communications on the social network “Signal” has sent Mihali a draft authorisation for the commitment of an external consultant for technical assistance to the KEK field sector, the G.B. commitment, respectively.

Always, according to the indictment, it is said that in 04.08.2022, during communications defendant Krasniqi on the social network “Signalı has sent Mihali, the request to the Government of Kosovo, Kosovo Prime Minister Albin Kurti, and the government ministers for the completion/changing of the decision to declare emergency energy.

According to the indictment, on 29.09,2022, during communications on the social network “WhatAppı with members of the same group, the defendant Krasniqi has sent the table with the data/princing of six (6) tenderers who have offered for procurement activities “The capital recovery of the currency” and “Capital Resurgement of turbines and generator”.

On the other hand, in the indictment, it is said that in 13,10,2022 during communications on the social network” What Appı in Mihali's group, defendant Krasniqi has sent the information he has accepted from the member of the S.I. App and Rating Commission concerning the number tender. KEKC-22-287-51, in terms of bids offered by economic operators. And other communications on these platforms.

On the other hand, according to the indictment, defendant Krasniqi is charged with 1605.2022 during communications on the social network “Signalı has sent Michael a communications-foto with the writing of three names and positions of officials to KEK: D. B, E.T. and M.K., after which the same answer goes back to each and then gives it information on each of the upper ones' profiles.

With that, defendant Nagip Krasniqi is accused of committing criminal work “revealing official secrecy”. On the seventh device of the defendant's indictment, Isuf Zamena in the quality of company representative “Rexepi Zeqiri Zejra L. L. C” is charged with helping defendant Nagip Krasniqi to misuse official office in the quality of KEK's executive chief in quality in connection with the tender KEK-23-1630-2-2-2-5, titled “Angagement of a legal consulting company”.

In the indictment it is said that, on 14,02.23, defendant Zeynep has helped the defendants, Nagip Krasniqi, in preparing the terms of reference for the tender in which he himself participated.

According to the indictment, the defendant Krasniqi is said to initially submit a draft of the terms of reference to the defendant, Zeynep, and later the defendant, Zeynep, returns the same draft to the defendant Krasniqi. While the latter sends the draft to the KEK Procurement Office and urges them to initiate this procurement activity with negotiated procedure.

On the other hand, the indictment reportedly suggests that, in terms of this CAPP procedure, KEK wrote the letter through which it recommends that this procedure should be carried out with open procedure, with the goal of boosting transparency and competition.

In the indictment, Nagip Krasniqi reportedly because of close reports with the defendant, Isuf Zana ignored this recommendation, and in 03.04.23 signed the contract with operator “Rexepi Zeqira L. L. C”, with the defendant, Isuf Zeynep, respectively, repaying him with the sum of 60,000.00.

With this defendant, Isuf Zeynep is accused of committing a criminal offense in committing a criminal offence: “misusing official position or authority”.