The Constitution lowers Enver Sekerraq's request: Claims of Rights Sins Unfounded

Pristina- The Constitutional Court has declared the request of convict Enver Sekiraqa, who had claimed violations of his fundamental rights and freedoms guaranteed with the Constitution, unacceptable in the decision of the Supreme Court of July 1, 2024, with which the Appeals Court's decision to appoint the detention measure was confirmed.

The Constitution stresses that Sekiraqa was sentenced by the Foundation to 25 years in prison for “Push to commit serious murder”. It says that on the same day, the Constitutional Court also issued a decision by which Sekiraqa was released in freedom.

To the Constitutional Act, the prosecution had filed a complaint with the Court of Appeals, which changed the Foundation's decision, assigning the detention measure to the pronunciation of the formal form act.

The Supreme Court, however, confirmed the decision of the Court of Appeals as a whole.

According to the Constitution, Sekiraqa applied to the Court, stating that the controversial Supreme Court's justice violates its fundamental rights and freedoms guaranteed with Article 29 and 31 of the Constitution regarding Article 5 and Article 6 of KEDNJ.

“More specifically, the applicant considers that violating Article 29 of the Constitution in connection with Article 5 of KEDNJ occurred because the prosecution, under the legal provision, did not have the right to complain to the Constitutional Court's ruling, with which the detention measure” was cut off, the statement said.

As for Article 31 of the Constitution and Article 6 of the ECHR, it is said that the forger of the motion claimed that the Supreme Court did not justify its decision as required by the above-mentioned articles, as well as that there was violation of the principle of presumption of innocence and that the law was carried out arbitraryly.

The Constitutional Court after analyzing Sequirah's claims by implementing principles and standards of both its practice and the practice of the ECHR, concluded that claims of violating Article 29 of the Constitution in connection with Article 5 of the ECHR are unfounded.

“... given the fact that the court, when setting a prison sentence with a non-regulated decision, could assign defendants, whether or not, to extend detention, if this is necessary for the unhindered development of procedures, taking into account all circumstances related to the carrying out of criminal work, in the sense of KPP's Article 366 provisions, and has reasoned in detail on the terms specified by Article 184 KPP”, says the Constitution.

The court also points out that it also applied the principles to the group of claims concerning violating Article 31 of the Constitution in connection with Article 6 of the GEDNJ, and concluded that even those claims by the petitioner are groundless.

So the Constitutional Court concluded that: (I) Sequirah claims of violations of Article 29 of the Constitution regarding Article 5 of KEDNJ, are named as claims (i) “with apparent or obvious absence of”, (II) allegations of violating Article 31 of the Constitution in connection with Article 6 of KEDNJ, as a whole, are considered to be (i) the “unreciated or unreasoned<4>

“Therefore, the request of the request for the pre-requisite should be declared in its entirety unacceptable as clearly unbased on constitutional grounds, as specified in paragraph (2) of the 34th rule of the work regulation”, the statement said.

Otherwise, on May 3, 2024 The Constitutional Court in Pristina has sentenced Enver Sekirrah to 25 years in prison for inciting police to murder Trife Riza. The accused Sekiraqa with a special ruling was interrupted by the house arrest measure.

While, the Special Department of Appeals, on May 17, 2024, after the Special Prosecutor's complaint about the Foundation's decision, which on May 3rd, 2024 had interrupted that the house arrest measure by allowing it to be defended in freedom, wore that Sekiraqa would return to custody until the indictment takes a firm form.

But, the day after that decision, police have announced that they have not found Sekiraq at home to escort him into custody, and so far the same has not been arrested.

Appeals ' decision was confirmed by the Supreme One.

Otherwise, regarding the foundation decision for Sekiraqa to be protected in freedom, the Kosovo Judicial Council (KGJK) has found it responsible for disciplinary violations to Judge Agim Kuci, who had committed house arrest to Enver Sekiraqes- still on the run, voicing written public remarks and pay cuts for 20% for the six-month period.

In April 2014, the Special Prosecutor of the Republic of Kosovo had filed charges against Enver Seker Sequirah for three criminal acts, for inciting the murder of Triumf Riza, <x0detyrim” and “rape”, where the first-degree court had declared him innocent.

The prosecution claims the incident occurred in “Swiss Casino” between Sequirah and Riza was one of the motives that led to the killing of Triumf Riza.

In “incident Swiss Casino” had occurred in December 2006, while Enver Sekiraqa and several of his escorts were included on one side, and the late Triumf Riza of Arben Selmani on the other. Arben Selmani was left in this seriously injured incident.

Triumf Riza was killed on 30 August 2007, for which Arben Berisha was sentenced to 35 years in prison, while Enver Sekiraqa was sentenced to 37 years in prison. /Betimy for Justice