The Basic Court in Pristina has published the full reasoning behind the decision sentencing former Minister of Industry and Trade Endrit Shala to two years in prison for the criminal offense of conflict of interest.
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According to the court’s assessment, Shala did not recuse himself from the decision-making process, even though he knew he had a family relationship with the owner of the business that benefited from the decision he signed.
The reasoning of the judgment states that the former minister was aware both of his relationship by marriage with the owner of the economic operator and of the financial interest that could arise as a result of the decision.
The court found that the defendant, Endrit Shala, was fully aware of his relationship by marriage with the owner of the economic operator N. Sh. “E. I.,” which operated under the business name V. S. T., as well as of the financial benefit that this operator could secure through the decision he signed. For this reason, according to the court, Shala’s involvement in the decision-making was deliberate and ran counter to the legal obligations of his public office.
The case concerns a decision made while Shala headed the Ministry of Industry and Trade. Under that decision, the business “Euro Inspekt,” owned by his brother-in-law, was selected to carry out conformity assessments of petroleum fuels in Kosovo.
The court concluded that the former minister should have declared his interest and refrained from taking part in the decision-making procedure.
“As a public official who was aware of the circumstances creating a conflict of interest, the defendant Endrit Shala took part in an official matter. According to the court, his failure to declare the interest of persons close to him, his failure to withdraw from the decision-making process, and his issuance of a decision that created an opportunity for a close person to obtain a financial benefit fulfill the objective and subjective elements of the criminal offense of conflict of interest,” the judgment states.
The Special Prosecution had stated that the action in question had enabled the business owned by Shala’s brother-in-law to unlawfully gain approximately 732,000 euros.
The former minister’s sentence was handed down in June, while the court’s full reasoning has now been published.
The same indictment also included former minister Vesel Krasniqi, who currently serves as deputy mayor of the Municipality of Malisheva. The court separated the proceedings against him from Shala’s case, citing the need for more efficient conduct of the criminal proceedings.
During the period when they were members of the Kosovo government, Shala and Krasniqi belonged to the Nisma political party.
