Supreme refuses request for protection of legitimacy against group suspected of narcotics and money laundering

These are suspected of committing criminal acts: “The participation or organisation of the organised criminal group”, in terms of criminal activity “Blerja, possession, distribution and unauthorized selling of narcotics, psychotrope and analogue”, and “Money laundering”.

The Constitutional Court in Pristina had continued the detention measure for the defendants for a period of two (2) months, until 03.05.26, while in the complaint procedure, the Court of Appeals rejected the defendants' complaints as groundless and confirmed the decision of the first-degree court.

Against these provisions, the request for protection of legitimacy has been exercised by the defendant U.S.

The Supreme Court said it assessed the claims submitted in the motion are groundless, as evidence administered in the subject documents results in suspicion that defendants committed the criminal acts they are being charged with, while full confirmation of these facts will be the subject of review during further phases of the criminal procedure.

According to the Supreme Court's assessment, there is legal basis for continuing detention, taking into account evidence and information provided during the investigation, including communications provided through international judicial co-operation, communications transcripts, movements and contacts between defendants and other persons involved in the investigation. According to allegations, defendants have acted as a criminal group organised in narcotics trafficking.

The court also estimated that there is danger of running away, given the weight of criminal acts and initial sanctions, as well as the fact that some of the defendants allegedly used false identities or have changed identities to avoid the identification and eventual arrest of other states.

The Supreme Court also found that legal conditions for continuing detention have been met because of the danger that defendants, if found in freedom, could influence the co-ordination, co-ordinate statements or prevent security and management of evidence by violating the normal course of criminal procedure.

The Supreme Court also estimated that continuing detention is reasonable, considering the way the group is organized and structured, divided roles of defendants, and the risk of repeating criminal acts. In this regard, personal and past criminal characteristics and some of the defendants, including previous sentences both within and outside Kosovo, were taken into account for acts that are related to narcotics.

Of all the outstanding reasons, the Supreme Court estimated that there are no essential violations of criminal procedure provisions, as lower courts have provided sufficient and legally based reasoning for continuing detention. Also, it was estimated that the easiest measures envisioned with the 171 KPP article are not enough to ensure the presence of defendants and the normal development of criminal procedure. /Periscope