Monthly Bulletin Justice in Kosovo No. 37, February 2014 Since September 2010, BIRN and Internews Kosova have been publishing the monthly Justice in Kosovo bulletin, which contains information about the Court Monitoring Project and its outcomes. The information provided has been collected by BIRN observers in Kosovo s courts and focuses on the overall functioning of the judicial system, as well as court reform in the country. This Newsletter also includes analysis and research of related issues previously published in the Gazeta Jeta në Kosovë online portal. Drejtësia në Kosovë (Justice in Kosovo) Page1of 7
Table of contents: 1. Mayor Muja hears and gives the closing speech... 3 2. Former Serbian reserve is sentenced for war crimes... 4 3. Trial against judges continues... 4 4. MTPT 2 soon in trial... 5 5. Accused for 55 criminal offences... 6 6. Police officers take the witness stand... 6 7. Ukë Rugova is suspected of Organized crime... 7 Drejtësia në Kosovë (Justice in Kosovo) Page2of 7
1. Mayor Muja hears and gives the closing speech As scheduled in the last hearing in January in the Basic Court in Prizren, the prosecutor in the case against Mayor Ramadan Muja and his associates gave her closing speech in the matter. Ramadan Muja, Kadri Ukimeri (Director of Geodesy) and Minir Krasniqi (Director of Administration) are accused for abuse of authority and authorizations. In addition, Sadik Paçarizi, Director of Urbanism and Spatial Planning, and Abdullah Tejeci and Avni Ademaj, who in different periods headed the Geodesy and Cadastre Directorate, are also accused for the same charges. The indictment, inter alia, states that for purposes of obtaining material benefits for others, the six Prizren officials misappropriated immovable property during a four-year period, 2008-2012. Natasha Vicary, Special Prosecutor of Kosovo, told the court that the defendants in this case must be found guilty on all charges against them. On the other side, the defence, despite having used several hearings, were unable to complete their closing speeches, which led to the scheduling of sentencing hearing for March. Muja s attorney, in a long speech, told the court that the defendant is innocent and that this was also proven by the people, voting him for a third term. Attorneys of other defendants also requested the court to find them not guilty. In his closing speech, Mayor Muja said that he fully stands by his attorney s speech. He said before the trial panel that he feels innocent on all counts. I feel entirely innocent. I haven t committed a criminal offence. Every decision I have taken, I took to the good of Prizren citizens, Muja said before the trial panel. He asked the trial panel to spend a little time in the place called Boka- boka. This place, it was a place of lizards and wreck. Now it has become a civilized place, said Muja. The Mayor of Prizren said that the Ministry of Culture, Youth and Sports will also develop a football field, to be used for international matches. Other defendants also requested acquittal, claiming their innocence. Drejtësia në Kosovë (Justice in Kosovo) Page3of 7
The prosecution s indictment also reads: In the period from December 15, 2010, until April 14, 2011, Ramadan Muja and Sadik Paçarizi, Director of Urbanism, exceeded the limits of their authorizations when they allocated public land to the chocolate factory Kamila. Through a decision issued by Muja, the factory was allocated a land plot of 20 thousand hectares, valued at 40,000, in a free of charge lease, disregarding relevant legal procedures. The court is expected to decide in the 14 March session on the case against these defendants. 2. Former Serbian reserve is sentenced for war crimes On February 12, the Basic Court of Prishtina sentenced Ivan Radivojevic to 8 years of imprisonment for war crimes against the civilian population. Radivojevic was suspected of mistreating at least 40 Albanians in the bus station in Fushë Kosovë. Several mistreated persons, according to the indictment, were later found in mass graves. On March 26, 1999, a group of Serbian paramilitary forces surrounded the people waiting for the bus to Prishtina, in the bus station in Fushë Kosovë. They then split the women and children from men, and sent the captives to a nearby field, read the indictment. This is how the events are described in the indictment on war crimes charges, filed by the Special Prosecution of Kosovo against Ivan Radivojevic, who at the time was Serbian police reserve. Four witnesses who testified earlier in the trial stated to have seen the defendant on March 26, 1999 armed with the group of other Serbs in the bus station in Fushë Kosovë. Radivojevic s time spent in detention from July 26, 2013 will be accounted for in the sentence. His detention was extended pending the rendering of a final judgment. His attorney, Miodrag Brkliac, after the issuance of the court ruling, announced an appeal. On the other hand, the case prosecutor said he is satisfied with the decision and called other witnesses to cooperate with EULEX. 3. Trial against judges continues As of January, the Basic Court in Prizren is conducting a trial against 8 former judges of the Municipal Court and the District Court in Prishtina, and two other officials. Cinema ABC in Prishtina is the venue where this trial is taking place. Drejtësia në Kosovë (Justice in Kosovo) Page4of 7
Defendants: Nuhi Uka, Ekrem Agushi, Ferid Bislimi, Sanije Muçolli, Shemsije Sheholli, Rrahman Retkoceri, Olga Janiçijevic, Tihomir Mikaric, Hasnije Balidemaj, and Gazmend Gashi, are accused of misusing properties of the Agricultural Cooperative KBI Kosova Eksport in order to obtain unlawful material benefits. Varies witnesses testified before the court in the hearings held in February, including former colleagues of the defendants. Makifete Saliuka and Manushe Karaqi, judges, were amongst the witnesses called to testify in the case. They explained the practices they have followed working as judges in the Municipal Court in Prishtina in the cases related to KTA. The court also heard the testimony of the administrator of the Basic Court in Prishtina, Naser Hoxha, who explained his work carried out at the time, and the management of division of cases. In February, parties agreed not call further witnesses, but rather ascertain that their statements are considered as read. Nuhi Uka was President of the Municipal Court in Prishtina, Olga Janicijevic former judge, Ekrem Agushi former judge, Tihomir Mikaric former judge, Rrahman Retkoceri former judge, Ferid Bislimi former judge, Sanije Muçolli former judge, and Shemsije Sheholli also former judge. Hasnije Balidemaj was an official of the Socially Owned Enterprise KBI from 2000 to 2006, while Gazmend Gashi worked as lawyer in the Municipality of Prishtina, employed in the Finance and Property Issues Directorate in the period 2001-2006, who also is Nuhi Uka s son-in-law, are the other two defendants. All former judges, with the exception of former President Nuhi Uka, are accused of unlawful issuance court decisions, while Hasnije Balidemaj and Gazmend Gashi for assisting the unlawful issuance of court decisions. All defendants, with the exception of Hasnije Balidemaj, will remain silent in the trial. Only one hearing has been scheduled, for March 12. 4. MTPT 2 soon in trial In February, EULEX filed the second indictment against Fatmir Limaj, which accuses him for involvement in corruption. According to the Basic Court in Prishtina, in addition to Fatmir Limaj, other accused persons include Shpëtim Talaku, Nexhat Krasniqi Procurement Officer in MTPT, Ali Aliu and Beqir Deda. Drejtësia në Kosovë (Justice in Kosovo) Page5of 7
Limaj et al are accused for various criminal offences, including organized crime, appropriation, signing harmful contracts, abuse of official position or authority, receiving bribes, and other corruption-related offences. The prosecutor claims that the Budget of the Ministry of Transport has been damaged for at least 890.000, said the EULEX announcement. According to this announcement, the criminal offences have been carried out in 2008. Limaj is also accused in another indictment filed in November 2012. In July 2013, the court had partially confirmed the indictment and concluded that there are sufficient evidences to establish a grounded suspicion that defendants Fatmir Limaj, former Minister of MTPT, Nexhat Krasniqi, Chief of Procurement in MTPT, and Endrit Shala, former Chief of Cabinet and Political Advisor of Fatmir Limaj, created a n organized criminal group which committed serious criminal offences of abuse of official position or authority and receiving of bribes. 5. Accused for 55 criminal offences The Police of Kosovo arrested Sahit Haliti from village Jezerc, Municipality of Ferizaj, on the Friday morning of February 21, charged by the Basic Prosecution of Ferizaj on 55 criminal offences, all related to forest theft. According to the Criminal Code of Kosovo, the criminal offence of Forest Theft is sentenced with imprisonment of up to three years, depending on the manner the offences was committed, and the amount of logging. According to the court, despite summonses to appear before the court, Sahit Haliti failed to comply, and as a result an arrest warrant was issued against him. Defendant Haliti told BIRN monitors that he provides for nine members of the family. I have no other source of income, I have nothing else to do, said Haliti. Together with Sahit Haliti, the Kosovo Police also arrested 14 other accused persons for forest theft, 6 of which were released after they paid the fine issued by the court. Nine other accused persons were sent to detention by the court. 6. Police officers take the witness stand On February 7, in the Dubrava Prison, the next hearing session was held against defendants Enver Sekiraqa, Naim Sekiraqa and Rrahim Avdullahu. The Basic Prosecution in Prishtina charges the defendants for assault against officials in the exercise of official functions. Drejtësia në Kosovë (Justice in Kosovo) Page6of 7
The defendants in question, together with defendant Ilir Avdullahu, who is at large and a separate procedure is currently ongoing against him, are all accused that on May 12, 2005, in downtown Prishtina attacked members of the Kosovo Police, after police officers requested the accused persons to present identification documents in a routine control. Defendants are accused of using insults and resisting the police, and then also engaging physically against the police. Police Officers involved in the case, Arsim Leci, Muhamet Xhemajli and Besart Ahmeti, testified on Friday, and told their account of events. Witnesses were confronted with questions by defence attorneys and the trial panel in relation their story of events. Due to prior engagements of defence attorneys the next hearing session was not scheduled. The hearing will be scheduled after consultations between the state prosecutor, the judge and defence attorneys. 7. Ukë Rugova is suspected of Organized crime Member of the Kosovo Assembly, Ukë Rugova, was arrested by the EULEX Police on February 5, when his house in Velania street in Prishtina was also searched. Izet Beqiri, Florian Petani, Qefser Baholli, Fitim Beqiri, Visar Beqiri, Asad Beqiraj, Edison Idrizaj, Hamza Beqirit and Driton Voca. The Basic Court in Prishtina took the decision to order detention on remand for one month against the son of former President Ibrahim Rugova. Izet Beqiri and Florian Petani were also sent to detention on remand for one month. On the other hand, Fitim Beqiri, Visar Beqiri, Asad Beqiraj, Edison Idrizaj, Hamza Beqiri and Driton Voca were sent by the court to house arrest for one month. Qefser Baholli was released by the court. The ten defendants are suspected of being members of an organized crime group committing numerous criminal offences, including Organized Crime, Trading in Influence, and Fraud. Drejtësia në Kosovë (Justice in Kosovo) Page7of 7