Even Appeal confirms the indictment against former Prosecutor Biray and others

In this case, former prosecutor Metush Biray is charged with “bribery <x4x1>, while Shkodran Pulaj and Naim Osmani are charged for “Brigia chamber”, reports “Justice bet”.

The act against former Biraj prosecutor and the other two rose on March 4th 2024, following the investigation of “Justice Trust” published on December 2, 2023, entitled “As former prosecutor Metush Biray allegedly bribed to fail the indictment for 130kg of marijuana”,. Where prosecutor Biraj was suspected of taking bribes about 5 thousand euros to withdraw arrest request for detainees Naim Osmani, Uke Sadrijaj and Arber Salihu, while about 20 thousand euros for the case's failure, the withdrawal from the indictment respectively.

Initially, complaints to the Foundation's decision have filed a protector of Biright, lawyer Reshat Milaku, Osman's protector, lawyer Teki Bocshi, and Pulaj's lawyer Faton Fetah.

But, Appeals through the decision of April 22, 2025, has found complaints groundless.

Finding the Court of Appeals:

According to Apel's assessment, the indictment has sufficient evidence to support the well-founded suspicion that the accused committed criminal acts for which they are being charged.

The second scale stresses that there are no convincing arguments which would influence the indictment to be dismissed as required with the Penal Procedure Code provisions of the Republic of Kosovo.

Always according to Apel's decision, the Foundation has given convincing reasons and that it has correctly proved sufficient evidence in the legal sense and that the actions of the accused now exist the key elements of criminal acts.

The appeal also found that the evidence provided in this criminal process has been legally taken and in accordance with the legal provisions in force.

Unfounded, Apel has found the lawyer Millaku's claim that house controls, objects and personal controls have been carried out contrary to legal provisions.

This has been because, according to Appeals, there has been oral order from the judge of the preliminary procedure which the order has been retroactively confirmed and how the claim this Court estimates is unstable.

Likewise, the claim of Fetah's attorney regarding temporary control and sequencing, the Court of Appeals has found it unfounded, that after the verbal order for control has been issued and does not turn out to be illegal as a warrant-control.

Always under that decision, defenders of the accused are said to be given the opportunity that, through questions concerning witnesses and evidence that will be administered, the court will then issue its final assessment.

After that decision, the foundation is expected to set court hearings regarding the case.

The three accused, at the initial session on October 16th, 2024, have been declared innocent of criminal acts that were placed on him.

The act against former Biraj prosecutor and the other two rose on March 4th 2024, following the investigation of “Justice Trust” published on December 2, 2023, entitled “As former prosecutor Metush Biray allegedly bribed to fail the indictment for 130kg of marijuana”,. Where prosecutor Biraj was suspected of taking bribes about 5 thousand euros to withdraw arrest request for detainees Naim Osmani, Uke Sadrijaj and Arber Salihu, while about 20 thousand euros for the case's failure, the withdrawal from the indictment respectively.

Otherwise, the indictment for this criminal case was filed by the Constitutional Prosecutor at Gianan . Because the case has to do with a former parliamentary prosecutor of Prizren's region, this case for trial was sent to the Foundation Court in Gjilan, the Randa Crime Department. However, the Foundation Court's Department of Crime in Gjilan has delegated the subject to the Special Department of the Founding Court in Pristina, and the latter had opened a conflict regarding the painful competence of the case.

But the Court of Appeals has ruled that competent to resolve this criminal case is the Special Department of the Foundation Court in Pristina.

According to the indictment, Metush Biraj is being charged with having between April and July 2023, in Prizren, in quality of the Constitutional Prosecutor's State Prosecutor in Prizren, deliberately and directly accept the offer or promise of a gift, in many of the 20 thousand euros, to comply with his official duty, in a way that during representation at the Constitutional Court in Prizren, on 31 March 2023, in exchange for the promise of surrender of prosecution in the absence of evidence against the accused: Naim Osmani, Uke Sadria and Arber Saliu, due to the criminal act Blerja, possession, distribution and unauthorized selling of narcotics, psychotrope and analogues of KPRK.

The indictment says Biraj has done so on the promise of taking money as results from the criminal damage in Prizren when the accused Shkodran Pulaj is now arrested because of criminal work {Blerja, possession, distribution and unauthorised selling of narcotics, psychotrope and analogo” and that a type “phone is seized. Samsung A52”

According to the prosecution, during a review of this phone by Pristina Criminal Technical Directorate that the Biraj prosecutor has talked through social networks “viber” with the accused Pulaj, as well as accused Naim Osmani has talked to Pula via the social network “Wh App”, and by CD is heard communicating with Pulaj and Biray, from the upper conversation it is understood that money has been promised in exchange for the withdrawal of prosecution in the upper case, which takes the action against the chief KP's decision to continue prosecution in Prizren.

With these actions, Biray is charged with committing criminal work “taking bribes” from Article 421, paragraph 1 of KPRK.

While, according to the second device of this indictment, the accused Pulaj and Osmani are accused of being the same country and time described in the first device, the same on purpose and directly promised to bribe the other person now the first accused Biray, in order that the same, in the state prosecutor's quality, at the conclusion of the trial of March 31, 2023, will give up the indictment against the accused Naim Osmani, Uka Sadria and Arber Saliu, due to the above-inscribed criminal work.

With these actions, Pulaj and Osmanaj are accused of committing criminal work “The law of bribery by Article 422, paragraph 1 concerning KPRC's Article 31.

The “Justice Vow” on December 2, 2023 has broadcast research on how former prosecutor Metush Biray allegedly took bribes to fail the indictment for 130kg of marijuana. There was a video evidence provided, where conversations are held to influence the drug case, between former Prosecutor Biraj and suspect Shkodran Pulaj.

Given the full indictment filed by the Constitutional Prosecutor's Prosecutor in Gjilan, Isuf Sadiku, the amount mentioned in the video recording of 20 thousand euros will not have been taken on the basis.

Prosecutor Sadiku has filed the charge based on Article 1 paragraph 421 for “Taking Reyshfet” and 422 for “Payful Justice” of the Kosovo Penal Code. These paragraphs, one of them, envisions fine sentences and imprisonment of between 1 and 8 years in prison, and the other up to 5 years. As long as paragraphs three of these two articles predict that in cases where we deal with the takeover, granting a bribe for the amount exceeding 15 thousand euros, as in the case of Bajr, the sentence is between 5 and 15 years in prison for bribery and up to 8 years in prison for giving it.