VV continues to have a problem with justice: Appeal confirms indictment against Minister Svecla, three ruling party deputies

“denied as groundless complaints by defendants' defenders, J. S, lawyer Laur Praja, F. P, lawyer Lavdrim Salihu, D. M, lawyer Labinot Bouzuku and S.Z., lawyer Laura Pnisci, while the Foundation Court Act in Pristina, the General Department, ..., dated 06.06.2024, confirmed”, says the Appeals' decision, compiled on December 13th 2024, reports the “Law on Justice”.

To the Foundation's decision, complaints had been exercised by the defenders of the highly accused.

Svechla's defender, lawyer Praja, has proposed to the Court of Appeals that complaints be approved and charges rejected, arguing that the work Svecla is accused of is not criminal acts and there is not sufficient evidence supporting well-based reasoning.

Also, the defender of the accused Pacoli-Dalip, Salihu's lawyer, has proposed to Apel that his complaint be approved and the indictment be rejected against his defenders, arguing that it is unmanaged in law and evidence.

Even Millaku's defender, lawyer Buzuk has proposed that complaints be approved and the indictment be dismissed as unfounded.

And all in the end, Zoba's protector, the Pnisci lawyer, has proposed to Apel to approve the complaint and the Constitutional Court's decision in Pristina to cancel.

On these attorneys' claims, the Appeals Prosecutor has handed over the parachute through which he has proposed to the Court of Appeals that all attorneys' complaints be rejected as the Constitutional Court's decision in Pristina is confirmed.

According to Apel, however, the foundation decision through which the prosecution's indictment is confirmed is clear and concrete.

According to Appeal, at this stage of the actual procedure, the established indictment contains all elements required under the law and that there is no room for dropping the indictment, as well as the criminal responsibility of the accused.

Also, the ruling says there are no other circumstances preventing prosecution and that there is well-based evidence that the accused committed criminal acts for which they are being charged.

“... there is no room for impeachment of the indictment, because the criminal offense the defendants are being accused of is a criminal offense, there are no circumstances that rule out criminal responsibility, no prescription deadlines have arrived, no other circumstances preventing prosecution, and there is sufficient evidence for a well-founded suspicion that defendants have committed the criminal work for which they are charged...”, the Apel decision said.

The defendants' claims that there is not enough evidence supporting well-based suspicion, according to Appeals, do not stand because these claims will be assessed and confirmed during the trial review.

Also, regarding claims that material evidence found in the indictment has no connection between the actions of the accused, according to Appeals, it will not be considered at this stage because the legality of evidence and establishment of the indictment is now considered.

Following confirmation of the indictment, the Constitutional Court in Pristina is expected to schedule the trial hearing.

Unlike the initial session held on March 26th 2024, Minister Svecla and three MEPs Millaku, Zyba and Pacolli-Dalip had declared themselves innocent of dropping tear gas in the Assembly.

Minister Svecla and the three deputies, Millaku, Zyba and Pacolli-Dalip were also charged with criminal acts “Pegim of the official person in performing official duties”, but for this work at the initial session of Sabit Sadikuj case, the judge had announced he reached the absolute prescription of prosecution.

The “Justice Vow”, in October 2021, had reported exclusively on the indictment filed with Minister Svechla and MPs Milaku, Zyba and Pacolli-Dalip.

According to the indictment provided by “Justice Vocation”, which turns up on July 29, 2019, Svechla, Milaku, Zyba and Pacoli-Dalip are charged that on March 21, 2018, around 12:10 until 15:40, several tear gas canisters had been fired into the Kosovo Assembly Hall, where the plenary hearing was being held.

It says that as a result, all MPs had been forced to free the House of Parliament, with what cases they could not continue the session.

With this, each alone is accused of committing criminal work “the use of weapons or dangerous tool” by Article 375, paragraph 1 of the Penal Code, whose owner is sentenced to imprisonment of one to eight years.

And according to the second device, it is said that each alone committed criminal work “The possession of the official person in performing official duties” by Article 409, paragraph 1 of the Criminal Code, after obstructing Kosovo Assembly deputies in carrying out official duties. The head of this work is sentenced to imprisonment of three months to three years.