“There is danger of repeating the work that these are not criminals”, how they opposed the police's detention in the Lipjan case.

The Constitutional Court in Pristina-The Branch in Lipjan on July 9th 2025 has assigned the detention for a month to Sergeant Ibrahim Nela and police officials: Albian Retkocer, Artion Kondzhel, Liridon Candorman and Andrew Beqiri, who are suspected of careless murder by citizen Agon Zejnullah in Lipjan.

The “Justice Vow” has secured the Court's decision on the appointment of the detention measure, in which suspects through their lawyers during the hearing have rejected the prosecution's request for the appointment of the pre-burigm action, in the light that their defenders acted by law.

Initially, according to Dosje, the prosecutor of the case, Paulin Pashk, at the hearing in a detailed manner, clarified the request for the detention measure, giving arguments that reason for detention.

The prosecutor estimated that conditions for the detention assignment have been met and that with alternative measures the management of the criminal procedure cannot be secured, according to him based on public sensitivity and security issues and law enforcement.

There is no danger of fleeing or influence on the witness in this criminal case, so we have not been summoned to these legal grounds, but there is only the risk of repeating criminal work. We also support that attitude in Article 5 par.2 of the European Convention for Human Rights, which is binding on the Article 22 of the Constitution of Kosovo for direct implementation of international human rights instruments, and where it points out that detention can be determined when the danger is real, says Pashci prosecutor's statement before the Court.

Pashku, said that on the basis of the GEDNJ trial in Ostendorf v Germany's case, the same has concluded that conditions for the detention assignment can be based on necessity and proporacy.

“After in this case reports between the damaged side, respectively, members of the victim and the defendants are exacerbated, these circumstances argue the need to establish detention and proportion aimed at preventing repetition or performing any new criminal work”, the decision is said to be further.

Sergeant Ibrahim Nela's defender, lawyer Valdet Zeqiri, has rejected the prosecutor's request for the appointment of detention's move in terms of the first point of suspected evidence.

Under the decision provided by “Justice Vow“, the lawyer Zeqiri, has said the prosecution has not argued with material evidence that it is based and, in his view, Sergeant Nela has acted in accordance with police authorisations that the law gives to police and interior instructions.

We've had several reported cases in the police and that the police have acted on the warrants they have and the same one has had to stop and arrest the person since the same person has even begun attacking the police, so the same has acted in a line of police authorization”, says the verdict.

In addition, lawyer Zeqiri said Ibrahim Nela has no criminal past and poses no danger that he could commit another criminal offence.

Sergeant Ibrahim Nela has generally supported his defender's word regarding the state prosecutor's request for the appointment of the detention measure.

Urim Vokshi, the lawyer of the police official, Albian Retkocer, has rejected the request for the detention measure, as according to him, the legal conditions have not been met and that the prosecution at the request has failed to clear up the alleged suspicion that the defendants have committed the criminal act they are suspected of.

The reasoning you give about committing a criminal act is that there was physical contact between the defendants and the deceased, as well as the fact that after the intervention that the defendants, the deceased had no signs of life”, the file said.

According to lawyer Vokshi, the prosecution should show what is the contributing link between the alleged physical contact and the alleged consequence, and it should also indicate how this physical contact has proved to have caused Agon Zamenhu's death.

So, the prosecution is saying to keep the officials in custody because the damaged side is pissed off because they haven't had any problems with the victim. Their intervention has occurred only after they have had an invitation from the base according to citizens' complaint, and the same have no trouble with their family”, said the Vokshi statement before the Court.

He said the suspects are being courted publicly.

The latest paragraph of the prosecution's request stresses that based on public sensitivity and the matter of security and law enforcement, the prosecutor estimates there is no alternative measure, the management of this criminal procedure cannot be secured. So it's getting public judgment on these guys. So to judge according to the relevant laws and codes, media judgment alone is becoming”, the lawyer Vokshi added further.

Therefore, lawyer Vokshi has rejected the request for detention, and the Court has demanded that he refuse the same. His protector, Retkozer, has upheld the lawyer's word.

The defenders of Artidon Kondzhel, lawyer Blendi Bekteshi, have generally rejected the prosecution's demand for the detention measure, because according to him, the Prosecution in no artistic evidence has made it credible that Kondzhel has committed criminal work “Murder from carelessness”.

The “Taking into account that Artificon Kondzhel had responded to a call by some citizens to act in defense of life is irrational, even absurd to assume that his move to neutralise a danger that was real and could have consequences to the death of persons and the very risk facing police officials to assume it is murder”, Bekteshi said before the Court.

Condwell's defender has added that the police officials' actions were within the Police Law.

This way you can't pretend that we have murders out of carelessness, much less in this phase of procedure we don't have an autopsy report and no other evidence that the cause has caused the alleged”, it says further.

According to Bektesh, the prosecution's claim that the criminal act has been committed by carelessness undermines the claim to repeat the work.

From what we heard from the prosecutor, this is not a request for the appointment of the security measure of presence, but is required for the security of police officials from the actions of the third persons, where it is claimed that if these are left free, anything” could happen, Bekteshi was quoted as saying.

For his superior reasons, he has demanded that the right to freedom and security be respected, demanding that Congeel be protected in freedom.

And police official Artion Kondzhel has backed the word of his defender, Blendi Bekteshi, and has not stated anything else.

The defender of Liridon Candman, lawyer Flamur Blaku, has supported colleagues' statements of opposition to the detention measure, as there is no evidence, and it is based solely on theory, which, as stated before the Court, has no legal or actual support.

For no moment in this request is stated or described by any prohibited act of protection to him other than acts he is forced to and is obliged to the law on the police and domestic regulations which decidently determine when to react to the 911 police official, said the Blacak lawyer's statement.

He has added that the five police officials who have carried out their work and, according to him, acted on authorisations by banning a person who has been conducting actions that conflict with the law.

“As far as claims are concerned that given the circumstances of his defense, who is a police official, the same while allegedly criminal acts have been committed to official office and in no way can be described and more than the same could be repeated or even perform any other criminal act”, it is further said in decision.

The defender of police lawman has stated that the detention measure is too heavy, inappropriate and unproportionate. He has asked the Court to refuse the prosecution's request for the detention measure.

Suspect Candman has backed his protector's word, Flamur Bllaku. And, he added how many times the need would be to appear at the Court.

Defender of the defendant Andrew Beqiri, lawyer Besnik Berisha, in terms of the prosecutor's request for appointment of the detention measure, said the act of opening the investigation, which dates July 8th 2025, objecting to the investigation of criminal work “murder by carelessness” in co-ordination, according to him there is no evidence.

There is no evidence from yesterday to today, nor any medical report, nor evidence of death that a young man who has changed his life under unclear circumstances and attempted to commit a crime in succession has been named as murder by carelessness, because police officials are believed to support claims by their mission and their legal responsibility, but in fact, attempting to prevent the life of many citizens on the road of Lipjan, among them a prosecutor and a judge, who today appeared as witnesses that they backed up on claims by negligence, but in fact that the prosecutor himself did not know, Berisha stated.

Berisha has said police officials left in the direction of the road where a young man who, according to him, allegedly had been inexorated, complex and physically powerful, attacked citizens and officials and tried to get into foreign cars to endanger citizens and security guards.

“Then, using official spray to repel the aggression of 27-year-old Agon Zamenoullah, who became even more aggressive and attacked everyone around until police officials managed to locate him, mobilise his movements, adhere as the only legitimate form in the concrete case with the minimum force that the law allows and accompanied with calls for an ambulance of the town<1>, Berisha was quoted as saying.

It says Berisha declared his defence officer Andrew Beqiri was not on duty, but was passing by.

When he saw the situation and as he passed near to the ground on the side of his colleague who was assisting and stopped to offer his staff because he feared that if he now fell into the hands of the deceased, the risk would be increased and everyone's life would be threatened, and when he approached his colleague to give up his hand without having to do so, his four colleagues couldn't put the situation under control, away they were told in the Berisha lawyer's statement, which stressed that Beqiri's actions were not in violation of the law

The lawyer added that the only action police officer Beqiri made was to help draw back the deceased with which he attacked his colleague to lay his back on his back, where, as Berisha said, the cuff is recommended, and in his view, the role of Beqiri's post ceased.

“Medocability, has not yet spoken, is still to be metatological and toxicological analysis, to confirm whether the deceased had consumed alcohol, drugs, or both, a factor that with a simple googel leaflet, we're going to teach that they're putting pressure on the respiratory center in the small brain and they're causing aficiency not rarely that has been produced in medicine”, Berisha added before the Court.

In the end, he said there is danger that police officials risk repeating a crime, as they are not criminals “but are fighters against crime”. According to him, the right decision would be to reject the request for detention and protect the defendants in freedom.

Berisha's defender Beqiri has backed his lawyer's word.

Prosecutor Paulin Pashk said it remains close to the request for the appointment of the detention measure, considering that conditions and circumstances for which this request is set out.

The judge of the preliminary procedure, however, after reviewing the prosecution's request, assessing the objections and arguments of the defendants of their defenders, found the prosecution's request to be based.

According to the Court, if defendants are at large, there is the danger of repeating or performing any new criminal work based on the weight of the work, social risk, consequences, the way a criminal act, circumstances, and the environment is committed.

The result of Agon Zamenu's death, according to the Court, is the circumstance that increases the tension between the defendants and the now deceased's family.

There is also the possibility of escalating new conflict or tensions, in these circumstances the preemptive goal of the detention measure is not only to ensure the management of investigations but also to prevent the repetition of similar”, the decision said.

It says there is the danger of repeating or performing any new criminal work because of angry reports between the members of the injured and defendants. The defense of the defendants, on the other hand, is said to have been dismissed by the Court as unfounded.

For the request of Nela's defender, lawyer Valdet Zeqiri for his defence to be protected in freedom, it is said to be an unreasonable proposal and does not find support in concrete evidence proposed by the prosecution.

On the other hand, for the Retkocer defender's proposal, lawyer Urim Vokshi, who has proposed to refuse the prosecution's request for the detention assignment, arguing that he is unreasonable and does not find support in concrete evidence.

Even for Conjelj's defense proposal, attorney Blendi Bekteshi for refusing to request the prosecution and for his defense to be protected in freedom, the Court has said he is unreasonable and does not find support in the evidence.

In addition, the Court rejected Canton's defender's request, lawyer Flamur Blaku for refusing the prosecution's request, with the same reasoning.

He has also refused Bekiri's protector's request, lawyer Besnik Berisha, to protect him from freedom, to reason that he is unreasonable and does not find support in concrete evidence. /Periscopi/