The Prosecutor's File on Mujka and Muzliuka: The proposed property for exchange was presented as municipal, although they knew it was.

According to the indictment provided by “Justice Vow“, Mujka in the quality of Mitrovica municipality deputy leader, while Muzliukaj in the quality of the director for Geodezi, Kadast and Property in that municipality are accused of misusing official duty in connection with the former private property exchange case. Meanwhile, Mujka is also accused of not reporting or reporting false property, with the reasoning that in the quality of Iber-Lepenci's executive chief, he did not declare 60 thousand and 50 euros to be seized at home.

What about the first point of the indictment?

According to the indictment, Mujka in the quality of Mitrovica municipality deputy chairman and Hysen Muzliukaj in the quality of director for Geodezi, Kadast and Property, deliberately and exploiting official office, had exceeded their competencies in order to benefit the third persons and at the expense of public property.

Initially, Mujka is said to be acting on behalf of the South Mitrovica municipality chairman and Muzliukaj in the position of Director for Geodezi, Cadastre and Prone, presenting the Comunal Assembly proposal for exchange of real estate with location on the “Afrem Jia” in Mitrovica (centre of the former Bankos).

The indictment said that the area of incompatibility was 139 square meters from the total area of 631 square metres, which had represented as the possession of the municipality, in exchange for the total parcel of 102 square meters owned by the physical person Besarta Isufi on the “Ali Zeneli” in Mitrovica.

Always according to the indictment, Mujka and Muzliukaj had known that such property was not municipal property and that there is a court process with indictments initiated by the Kosovo Privatisation Agency (AKP) and Social Company “Yugobanka” in Mitrovica, and being aware that the Municipal Assembly of Mitrovica had twice made decisions for the declaration of the former Bankos' special interest where property was located in question, on August 30th 2012, and 23rd 2017, on whose basis was required by the AKP with regard to the property of the former Commission's transfers ownership was not owned by the Commission.
The Actakuz says the two indictees had acted at the expense of public interest and in opposition to the Law for providing in exchange for the real estate of the Communists and Orders to determine procedures for the exploitation and exchange of municipality property. And according to the charge, giving in private property is prohibited.

Thus, the two defendants are charged with causing considerable damage The APK, at the value of the modified/compensible object, was estimated to be 125 thousand and 100 euros.

So for these actions, Mujka and Muzliukaj are being tasked with criminal work “Use of official position or authority” introduced to Article 414, paragraph 2 related to paragraph 1 and related to Article 31 of the Republic of Kosovo Penal Code (KPRK).

What is accused of at the second point of the Mujka indictment?

The indictment says Faruk Mujka in quality of the chief executive of “Iber-Lepencius”, which under the current Law for Declaration, Origin and Control of Wealth and Gifts was obliged to make the statement of wealth, has not presented the required data in the declaration, as from the unproved date of July 15th to 2023, in his house had possessed a total of 60 thousand and 50 euros, this found and seized during the implementation of the Court's ordinance at his home in Mitrovica.

This amount, according to the indictment, Mujka had not submitted on the pre-year property declaration to the Agency for Prevention of Corruption, even though he was legally obligated and knew that cash sums should be presented in the declaration.

So for these actions, Mujka is being tasked with criminal work “not reporting or false reporting of property, income, gift, material benefits or financial obligations” by Article 430, paragraph 2 of the Penal Code. /Periscope