3 minutes agoConstitutional Breaks down Haxhi Shala's request over detention
Periskopi(a year ago)
(a year ago)With the reasoning that his fundamental rights were violated with his keeping in custody, Haxhi Shala had filed complaints in Appeals and Supreme, but both ruled against him. Similar decisions have recently been made by the Constitutional Court. Shala had argued that the judge of the preliminary procedure had not examined legitimacy and [...]
Shala had argued that the pre-procedure judge had failed to examine the legality and fundamentality of the detention during his first appearance on December 13th, 2023, reports “The Justice Vow “.
He had also argued that it was in violation of his rights for freedom and security under the European Convention for Human Rights and Founding Freedoms.
The panel found the reference application acceptable, but it nevertheless concluded that Shala's first presentation had been carried out in accordance with the European Convention on Human Rights and Freedoms.
The panel has stressed that Shala had been sufficiently informed of the court's reasoning of the preliminary procedure regarding detention and was given the opportunity to express his opinion.
By specifying that the judge of the preliminary procedure could have been more clearly expressed, however, it is said that his decision did not suggest he overlooked aspects of Shala's legitimacy and establishment of detention.
Otherwise, on February 4th 2025, the court's plea against Shala and two others (Esmet Bahitari and Sabit Januzi) has been declared, with what cases the court agreed to the pleas. As a result, Haxhi Shala was sentenced to three years in prison, and Bahhitari and Januzi for two years.
The court ordered Shala to pay 400 euros for victim 1, while Januzi paid 100 euros. Financial obligations were not defined for Bahhitari. This obligation was carried out and the victim was handed over on February 17th 2025.
Sabit Januzi, Haxhi Shala and Ismet Bahitari pleaded guilty to criminal acts against justice administration and intimidation through an agreement reached between them and the Specialised Prosecutor's Office.
This agreement was reached a few days before the trial against them began in November 2024.
During hearings to change guilty statements, Bahhitari and Januzi had expressed regret over the deeds they admitted to do.
The Specialised Prosecutor's Office (ZPS) had handed over the joint indictment on January 12th 2024 on the case of Sabit Januzi and Ismet Bahitari and Haxhi Shala.
The act against them has been established on October 4, 2023, with which they are charged with attempting to persuade a witness not to give a witness.
As far as the procedure was concerned, on February 8, 2024, preliminary procedure judge Nicolas Guillou had approved the request of the Specialised Prosecutor's Office (ZPS) for uniting the charges confirmed in the case against Ismet Bahitari and Sabit Yanuzi with that of Haxhi Shala.
The decision to bring together the charges is said to have concluded that the two charges confirmed in the case of 10 and 11 charge the three accused of the same criminal acts, specifying that they have acted as a group. The ruling also notes that the charges confirmed in these two cases arise from the same actual claims. As a result, it was decided that the common issue will continue with the KSC-BC-2023-10, which will be renamed in such a way as to involve the three indictees.
However, new accusations were added to Bahhitari and Januzi for intimidation through promise or gift. These charges were included in the joint indictment against the three indictees, as well as changes to it were confirmed on July 8, 2024. As a result, the SPS had handed over the joint indictment along with relevant changes on July 10th.
Pristina and Januz were declared innocent. This situation changed the dates that were set for the passage of the court, where the date for June 21, July 5, and 22 was originally set.
Otherwise, Shala had demanded that his process be separated from Bahhitari and Januzi, in order to have a more accelerated trial, but that requirement was rejected.
The case against these three indictees was handed over to the court on September 4th, where, in preparation hearings, the trial was decided to begin on November 14, 2024. But, at the request of the parties to finalise the pleas for pleas, the trial was postponed.
On November 13, 2024, Z The SP informed the juro that they have reached guilty plea agreement with the three accused and, on December 6, Z. The SP had delivered the revised version of the indictment, as the court had ordered, including the plea agreement. Proselytically, the agreements reached between Shala and Januz had been accepted, while Bahhitari's was described as having procedural shortcomings.
However, on December 16th, the parties had informed the juro that they had reached a new plea agreement with Bahhitari and handed it over to the court. In this regard, the parties had submitted the revised indictment, which was based on July 10, 2024, but included changes made to December 17th over the plea agreement.
As a result, at the December 18th session, Shala and Januzi were found guilty of their deeds, and the agreement reached between the SPS and Bahitari was progressively accepted. On December 19, however, Bahhitari was repentant and guilty.
The Specialised Prosecutor's Office (ZPS) had handed over the joint indictment on January 12th 2024 on the case of Sabit Januzi and Ismet Bahitari and Haxhi Shala.
At the first session, in front of preliminary procedure judge Nicolas Guillou, Bahhitari and Januzi have pleaded innocent to charges imposed by the Specialised Prosecutor's Office.
Also, changes have been made on July 8th in the joint indictment, where charges against Bahitari and Januzi have been added for intimidation through promise or gift, which is defined by the Kosovo Criminal Code.
The act against them has been established on October 4, 2023, with which they are charged with attempting to persuade a witness not to give a witness.
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 Representative Kimberly West accuses Shala of fearing witnesses, trying hard to prevent official persons from performing official duties individually and group participation.
