The foundation threw the charge, Apel orders trial for the Director of Inspection in Gjilan

The Court of Appeals of Kosovo has changed the Constitutional Court's ruling in Gjilan and has ordered retrial on charges of misuse of office or official authority against Inspector Director Entela Hyseni.

Otherwise, the Constitutional Court in Gjilan, with the verdict of May 2nd, 2025, had dropped the Constitutional Prosecutor's Act in Gjilan against Entella Hysen, with the argument that there is no evidence to support well-based suspicion that she has committed the criminal work “the misuse of official position or authority”, reports “Battle for Justice”, broadcast Periscope.

The court in Gjilan had taken another decision to improve it, dated April 15, 2025, erasing the part that said the court had analysed the response of the victim's representative, Valon Salihu, since, according to the court, there was no response from the injured Salihu to Hysen's request to drop the indictment.

To that decision, the Constitutional Prosecutor in Gjilan has filed complaints with the proposal that their indictment be confirmed and the Court in Gjilan prosecuted Hysen.

To this complaint, Hysen's defender, lawyer Abdelaziz Sadiku, appears to have filed answers with the proposal that the Court of Appeals confirm the foundation decision in Gjilan.

Also injured, Valon Salihu has proposed to Apel to confirm the indictment against Hysen and follow suit of judgment.

Similarly, the Appeals Prosecution has proposed that the Constitutional Prosecutor's complaint in Gjilan be approved, that Salihu's complaint be dropped unjustly, and that the lawyer Sadiku's response be denied as unfounded.

According to Appeal, the prosecution's indictment contains all relevant legal elements, and there is no reason for its launch.

In addition, according to Apel, the Court in Gjilan has wrongly approved the request to drop the indictment made by Hyseni, as there is sufficient evidence to prove that there is a well-based doubt that Hyseni has committed criminal work “the misuse of official position or authority”.

Always according to Apel's decision, the first instance is said to have come to a wrong conclusion with the dismissal of this criminal case, as it has not confirmed the crucial facts of which the injured Salihu should be heard, as well as the witnesses and other evidence proposed in the indictment.

Therefore, according to Apel, the Foundation in Gjilan is obliged to continue with criminal proceedings, administer the evidence, and then make a fair and legal decision.

Otherwise, according to the pre-conventional Prosecution Act in Gjilan, March 18, 2025, Entella Hyseni, on July 2, 2024, is said to have consistently failed to fulfill his duties.

This, since according to the indictment, despite constant requests from the injured Valon Salihu for executing the No. ..., for the collapse of July 1, 2024, issued by the Construction Inspector, where it was immediately ordered to begin the collapse of the wall in the Fidanese district of Gjilan, the same as the highest official in the Directorate of Inspection, has not authorized anyone, nor has it issued a legal act for executing the decision on collapse.

In addition, according to the indictment, Hyseni is said to have been obliged to issue a legal act that would allow the execution of the decision to collapse by the Inspection Directorate, as it has in similar cases.

So, with these actions, the injured Salihu has been violated by his civil rights and caused material damage from the inability to exploit his locals in the Fidanese district.

For these actions, Hyseni is tasked with criminal work “Using official position or authority” by Article 1414 paragraph 1 concerning paragraph 3, subparagraphs 3.2 and 3.6 of the Criminal Code of the Republic of Kosovo. /Periscope