From convict in Serbia to Kosovo judge and risk for security: How Radomir Lyban turned into the spotlight

This time, attention has been turned to Laban at the height of an institutional crisis that has been lasting for several months, as a result of the inability to make up for the Kosovo Assembly after the February elections.

Kosovo President Vjosa Osmani because of Labbani drew the request that had been addressed in July to the Constitutional Court of Kosovo, to seek clarification over the further steps if Kosovo's Parliament would not be constitutionalised by July 26th to the court.

As the reason for withdrawing her request, Osman cited the appointment of Judge Ljubljana as reporting judge in the case, naming such an act as “disturbing and dangerous”.

The Law for the Constitutional Court of Kosovo stipulates that the reporting judge in a case is appointed by the tribunal's chairman and that he is responsible for drafting the report presented to the college for review.

Radomir Lyban has been known to the public in Kosovo since 2018, when then President Hashim Thaci refused to first hand over the decree for appointment until it was verified by justice bodies. Several months later, however, Thaci decreed it.

Laban is a wanted person in Serbia after avoiding the suffering of a six-year prison sentence pronounced as part of the so-called “customs mafia” a group of persons charged with accepting and bribery, misuse of official position and counterfeiting documents.

His name is on the list of fugitives in Serbia since 2012 and Interpol's since 2014.

But, President Osmani now says there is information that Judge Laban “poses danger to the national security of the Republic of Kosovo and is engaged in activities against the constitutional order of the Republic of Kosovo”.

At a media conference on August 5th, Osmani declared that the Constitutional Court was announced for “the dangerous operations of Ljubljana in the years 2018, 2021 and 2024.

She declined to give details as to how Ljubljana poses a threat to national security, stressing that this is a trusted assessment of security institutions.

What does the Constitutional Court say?
Kosovo's Constitutional Court has not answered Radio Europe Free's question whether there is any knowledge of President Vjosa Osmani's claims, under which Judge Radomir Lalban poses a threat to Kosovo's national security, or whether he is a wanted person in Serbia.

They have also given no answer to whether, despite the withdrawal of the request by President Osmani, they will consider the case or not.

This institution reacted on August 6th through a communiqué, stressing that under Article 113 of the Kosovo Constitution, “handles all cases legally submitted by authorised parties” and that it is of the parties' “directly before the Court to seek the withdrawal of pre-emptive requests”.

The cases are said to be shared by reporting judges and juries on the basis of clear procedures, and that decisions are made in the full composition of the court.

Responding to the charges against Judge Liebán, the Court stressed that he has been serving as legal adviser since 2011, while since 2018 exercising the function of the Constitutional Judge.

In July 2024, when the Kosovo Ministry of Justice had refused to appoint Labani notary after receiving information about his integrity from the Kosovar Intelligence Agency (AKI), the Constitutional Court had stated in writing for Radio Free Europe that the assessment of candidates and the selection of judges of this court is the responsibility and competence of the Kosovo Assembly.

Kosovo's “Assembly has elected Radomir Lyban as the Constitutional Court of the Republic of Kosovo judge on May 18th 2018, after praising his candidacy in line with the Constitution and the laws in force”, it was said among other things in response.

Lieban was nominated for this post by the Serbian List, the largest party of Serbs in Kosovo to enjoy Belgrade's support, and to have praised him as a high quality moral and integrity candidate”.

His mandate at the Constitutional Court is nine years old.

Radio Free Europe has even sent questions to Judge Lyban himself to comment on the allegations of President Osmani, but so far has not received any answers.

Has the Constitutional Court ignored the request for Laban's dismissal?
Acting Justice Minister Albulen Haxhiu said on August 6th that the Vetevendosje Movement had submitted an official request to former Constitutional Court Chairman Arta Rama-Hajriz to launch the impeachment procedure of Judge Radomir Lyban, due to his criminal past.

According to Hadziu, the answer had been that such a request constituted intervention in the court's independence.

The prime minister in office, Albin Kurti, also on August 6th answering journalists' questions, called “absurde” that a person who, according to security institutions information, poses a risk to constitutional order, “now judges on a constitutional issue”.

Kosovo's Constitutional Court had earlier clarified for Radio Free Europe that, according to Article 118 of the Constitution of Kosovo, a judge of this court could be dismissed only in the event of a serious criminal offence or a serious violation of office during the mandate's exercise, and only with the proposal of two-thirds of the Constitutional judges.

The Constitutional Court of the Republic of Kosovo consistently takes all necessary measures to protect its independence, authority and integrity, within the framework of its established competencies, the Law for Constitutional Court and its work regulation, taking into account the constitutional obligation to abide by the principles stemming from the European Court's judicial practice of Human Rights”, said in response.

Former Kosovo Constitutional Court judge Judge Judge Judge Mushkolaj has stated of KTV that Luban is a good lawyer, but that his appointment in 2018 as Constitutional Judge was illegal and unconstitutional because of his criminal past.

She added that it is not clear whether the Constitutional Court was earlier aware of the Kosovo Intelligence Agency's report (AKI), recalling that Laban was selected by a parliamentary commission and that there had been no need to be voted in the plenary session.

Mushkolaj has stressed that even though the Constitutional Court has never ruled out any judges, in the past it has taken measures to temporarily remove judges from the decision-making process because of violations of the ethical code. According to her, the Ljubljana case is more serious because of his past in Serbia.

Lie like “Free man” in Serbia in 2032
The Constitutional Court in Kraleva has announced for Radio Free Europe, in late July 2024, that the absolute preamble of the execution of the sentence against Radomir Lubani, according to the formal form's conviction, will occur on June 4th 2032.

“After the signing was reached, the sentence pronounced cannot be carried out, and if its implementation has started, it stops with the introduction to the prescription, in line with the Penal Code provisions on the prescription of the execution of”, it says in response.

The Laban prison sentence has included the time spent in detention from November 28th 2006 to April 3, 2009.

The Constitutional Court in Kraleva had submitted in 2017 a request for Laban's arrest in the European Union's mission of rule of law in Kosovo, EULEX, but this mission had declared that it has no mandate to conduct such arrest.

The court also made known about REL that in 2018, in accordance with procedures for legal assistance, was also addressed to the Ministry of Justice of Serbia with a request for the latter to address the EU special representative in Pristina in connection with the Ljubljana case.

However, international judicial assistance sector within the Justice Ministry has returned answers that providing international legal assistance applies only to its forms, but not to the extradition of accused or convicted persons.

The “in the same answer is stressed that international arrest of Laban remains in force”, said the clarification of the Foundation Court in Kraljevo, where Laban has registered residence in Serbia's legal system. He is of descent from Gjakova, Kosovo.

The ties between Laban and the Serbian List?
The Serbian politician from Gracanica, Branimir Stojanovic, had declared in 2021 that Radomir Lazzan “from behind the past” leads the Serbian List and affects the appointments within this party.

In an interview for Radio Free Europe at the time, Stojanovic had said that Laban, in his duty, would not have to deal with politics, “but that in various ways he is misusing his position and connections”.

For this reason, Stojanovic ʹ one of the founders of the Serbian List had decided to race as an independent candidate in the 2021 local elections.

The Serbian List had denied all charges brought by Stojanovic, while Ljubljana itself had not commented.

In support of his claims, Stojanovic had cited the fact that Radomir Labani's sister, Gordana Luban, is a member of the Kosovo Central Election Commission, which can be confirmed even on August 6th 2025 on the CEC's official page.

Free Europe Radio has been addressed to the Kosovo Prosecutorial Council with questions about whether it possesses any information on the charges President Osmani has made to Constitutional Court Judge Radomir Lalban, for threatening national security, but until the publication of this text has received no response. / REL