The Basic Court in Prishtina has found acting Minister of Internal Affairs, Xhelal Sveçla, guilty for the use of tear gas in the chamber of the Assembly of the Republic of Kosovo on March 21, 2018.
Të lidhura
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Sveçla was found guilty for the criminal offense “Use of a weapon or dangerous instrument.” The verdict was issued on Wednesday by the presiding judge, Sabit Sadikaj.
Regarding the charge of “Obstructing an official person in performing official duties,” the Court issued a rejecting verdict, as the criminal prosecution for this offense had become statute-barred.
The sentence for the offense for which Sveçla was found guilty will be determined after a special hearing, where the parties will present mitigating and aggravating circumstances. This hearing has been scheduled for September 8, 2026, Judge Sadikaj announced.
The accused was not present at the hearing, while his lawyer, Laur Prenaj, attended on his behalf.
The proceedings against Sveçla were separated from those against the other accused, after he missed the hearing on January 16, 2026, and notified the Court via e-mail that he was abroad.
At the hearing on April 10, 2026, Sveçla pleaded not guilty to the charge brought against him.
Meanwhile, during the hearing on August 28, 2026, prosecutor Avni Namani announced that the Prosecution had amended the enacting terms of the indictment against Sveçla.
According to the amended version of the indictment, on March 21, 2018, from 12:10 to 15:40, during an extraordinary plenary session in the chamber of the Assembly of the Republic of Kosovo, Sveçla was suspected of having used a canister of tear gas containing the chemical agent CS.
The Prosecution claims that he activated the canister on several occasions and threw it inside the chamber, without warning and without enabling the persons present to leave the premises.
As a result of this action, according to the indictment, the irritant gas spread throughout the enclosed spaces of the chamber. Those present, fearing for their health and safety, were forced to abandon it, and the session was interrupted.
Namani stated that Sveçla is being prosecuted for “Use of a weapon or dangerous instrument,” an offense stipulated in Article 375, paragraph 2 of the Criminal Code of 2012. The Prosecution has dropped the prosecution for the offense of “Obstructing an official person in performing official duties,” due to statutory limitations, while the rest of the indictment has remained unchanged.
Involved in the same case are acting Minister of Environment, Spatial Planning and Infrastructure, Fitore Pacolli-Dalipi, former Vetëvendosje MP, Salih Zyba, as well as former Democratic League of Kosovo (LDK) MP, Drita Millaku.
The indictment against Sveçla, Millaku, Zyba, and Pacolli-Dalipi was confirmed by the Basic Court in Prishtina on June 6, 2024, and its decision was later upheld by the Court of Appeals.
At the initial hearing, held on March 26, 2024, all four accused pleaded not guilty to deploying tear gas in the Assembly.
In addition to this offense, they were also accused of “Obstructing an official person in performing official duties.” However, at the initial hearing, Judge Sabit Sadikaj announced that the absolute statutory limitation for criminal prosecution had been reached for this offense.
According to the indictment obtained by “Betimi për Drejtësi,” which was filed on July 29, 2019, and about which “Betimi për Drejtësi” had exclusively reported in October 2021, Sveçla, Millaku, Zyba, and Pacolli-Dalipi were suspected of having, on March 21, 2018, from around 12:10 to 15:40, ignited several canisters of tear gas and thrown them into the chamber of the Kosovo Assembly during the plenary session.
The indictment emphasized that, due to the gas, all MPs were forced to leave the chamber, preventing the continuation of the session.
For this action, each of them is individually accused of “Use of a weapon or dangerous instrument,” under Article 375, paragraph 1 of the Criminal Code. This offense carries a prison sentence of one to eight years.
Meanwhile, according to the second point of the indictment, the accused were also individually suspected of “Obstructing an official person in performing official duties,” under Article 409, paragraph 1 of the Criminal Code, with the claim that they obstructed the deputies of the Kosovo Assembly in the exercise of their official duties. This offense carries a prison sentence of three months to three years.
