Lushtaku and Rukolli Remain Silent, Court Rejects Review of Four Witness Statements

At the latest hearing in the “Drenica 1” case, the mayor of Skenderaj, Sami Lushtaku, appeared in the dock alongside Ismet Haxha, Rrusten Rukolli, Rexhep Xhota, Fatmir Mjaku, Skender Tahiri, Bajram Dibrani and Sheremet Jashari.

They face charges of organised crime and intimidation of two protected witnesses.

Questioned by the judicial panel, Sami Lushtaku chose to remain silent in his defence. Co-defendant Rrustem Rukolli took the same approach in the proceedings, in which Ismet Haxha, Fatmir Mjaku, Rexhep Xhota, Skender Tahiri, Sheremet Jashari and Bajram Dibrani are also charged.

The hearing then continued with the presentation of the defence by Rexhep Xhota, Betimi për Drejtësi reports.

Before this stage began, the court proceeded with the admission of material evidence contained in files 11 and 12.

At the same time, the court rejected the Special Prosecution’s request to read four witness statements, on the grounds that the proposal was not specific and did not state the dates of the statements requested to be read.

The court clarified that this does not prevent the Prosecution from resubmitting such a proposal at any stage of the trial. In this regard, the special prosecutor said she was prepared to specify the dates of the testimony previously given by the witnesses.

The presiding judge, Leon Perlaska, stressed that the court had exhausted all efforts to secure the witnesses’ attendance, noting that around 15 hearings had been cancelled because of their absence. He added that the proceedings could not be delayed indefinitely.

The previous hearing had been postponed due to the absence of Sami Lushtaku and Rrustem Rrukolli.

Currently, the trial is being conducted only on counts 16, 17 and 18 of the indictment against Sami Lushtaku, Ismet Haxha, Rrustem Rrukolli, Fatmir Mjaku, Rexhep Xhota, Skender Tahiri, Sheremet Jashari and Bajram Dibrani, whose proceedings had previously been separated.

The remaining part of the indictment also included Emrush Thaqi, Shemsi Hajrizi, Sahit Jashari, Mergim Lushtaku, Dardan Geci, Bashkim Dervisholli, Valon Behramaj, Argjent Behramaj, Yll Blakaj, Gzim Ahmeti, Xhevdet Zena, Mervete Hasani-Lushtaku, Agim Ukaj, Ismail Dibrani, Sami Gjoka and Nexhib Shatri.

At the beginning of the proceedings, on 5 April 2018, the Basic Court in Prishtina rejected the defence motions to dismiss the indictment and challenge the evidence, finding that the offence was not time-barred and that the defence had not provided sufficient evidence. This decision was upheld by the Court of Appeals in July 2018.

The Basic Court had also approved a plea agreement between defendant Mirvete Hasani-Lushtaku and the Prosecution; she was fined 3,500 euros for the criminal offence of “Facilitating the Escape of a Person Deprived of Liberty”.

On 14 April 2020, the Basic Court in Prishtina delivered its ruling concerning the escape of former Skenderaj mayor Sami Lushtaku and others from the Kosovo University Clinical Centre, an incident that occurred in 2014, while Lushtaku was receiving medical treatment as he was being held in pre-trial detention in the “Drenica” case.

For that episode, the court acquitted Lushtaku, but fined him 12,000 euros for two subsequent escapes, which occurred on 21 August 2015 and 22 September 2015.

In addition to him, the three guards escorting him — Ylber Blakaj, Gëzim Ahmeti and Xhevdet Zena — were each fined 1,000 euros.

All other defendants, including Lushtaku’s son, Mërgim Lushtaku, as well as Emrush Thaqi, Shemsi Hajrizi, Sami Gjoka, Nexhip Shatri, Ismajl Dibrani, Agim Ukaj, Ismet Haxha, Dardan Geci, Bashkim Dervisholli, Valon Behramaj and Argjent Behramaj, were acquitted of the charges.

However, the ruling against Thaqi and Shatri was overturned by the Court of Appeals. At the retrial, both were again acquitted by Judge Agim Kuçi.

EULEX prosecutor Romulo Matues filed the indictment on 17 November 2016, charging Sami Lushtaku and his associates with several criminal offences related to their escape from the Kosovo University Clinical Centre after they had gone there for medical treatment while serving sentences in the “Drenica Group” case.

The first count of the indictment charged Emrush Thaqi, in his capacity as director of the Prishtina Detention Centre, with intentionally violating his official duties from 20 May 2014 onward in order to allow detainees Sami Lushtaku, Sahit Jashari and Ismet Haxha to leave the premises of the Prishtina Regional Hospital.

According to the prosecution, his actions and omissions were aimed at personal gain, in the form of promotion to director general of the Kosovo Correctional Service, by allowing more lenient security measures that created the conditions for escape.

The indictment states that he did not assign two guards to each defendant, did not ensure the presence of officers in hospital rooms, did not verify the qualifications of guard staff, did not have the defendants handcuffed, did not take measures concerning security premises, and did not cooperate with Kosovo Police.

He also did not request that Ismet Haxha be classified as a high-risk detainee, nor did he initiate disciplinary proceedings against him.

For this, he was charged with “Abuse of Official Position or Authority”, under Article 422, paragraphs 1, 2.1, 2.2 and 2.3 of the Criminal Code, carrying a sentence of six months to five years in prison.

The second count stated that from November 2014 to 22 September 2015, Thaqi, as director general of the Kosovo Correctional Service, failed to supervise his subordinates at the Dubrava Detention Centre, enabling detainee Sami Lushtaku to receive preferential treatment and escape twice, on 21 August and 22 September 2015.

This was also classified as the same criminal offence, carrying the same potential sentence.

The third count charged Shemsi Hajrizi, acting director of the Kosovo Correctional Service, with publicly refusing between 19 and 22 May 2014 to implement a court decision transferring seven defendants to Mitrovica, encouraging correctional staff not to carry out the order concerning Lushtaku, Jashari and Haxha.

The aim, according to the indictment, was for them to escape and for the court to be forced to alter its decision.

This offence was also classified as “Abuse of Official Position or Authority”.

The fourth count blamed Lushtaku, Jashari and Haxha for escaping from the hospital on the morning of 20 May and the evening of 22 May 2014, hiding in an unknown location. They were charged with “Escape of a Person Deprived of Liberty” as co-perpetrators, punishable by up to three years in prison.

The fifth count included Mërgim Lushtaku and Dardan Geci, who, during the same period, allegedly helped Sami Lushtaku escape and remain in hiding until 22 May under a coordinated plan. The charge was “Facilitating the Escape of Persons Deprived of Liberty”, punishable by one to eight years in prison.

In the sixth count, Bashkim Dervisholli, Valon Behramaj and Argjent Behramaj were charged with, as correctional officers, obstructing the court-ordered transfer and failing to maintain the necessary vigilance, thereby allowing the defendants to leave. They were charged with two offences carrying sentences of one to 10 years and six months to five years in prison.

Counts seven and eight focused on Ylber Blakaj, Gzim Ahmeti and Xhevdet Zena. According to the indictment, on 21 August and 22 September 2015, they left Sami Lushtaku unsupervised while he was outside detention, allowing him to remain at liberty contrary to the court ruling sentencing him to 12 years in prison. The criminal offence was “Unlawful Release of Persons Deprived of Liberty”, punishable by six months to five years in prison.

In counts nine and 10, Sami Lushtaku was accused of remaining outside prison without an escort on 21 August and 22 September 2015, escaping and disobeying a court order. The charge was “Escape of a Person Deprived of Liberty”, punishable by up to three years in prison.

In the 11th count, Mervete Hasani-Lushtaku was charged with transporting Sami Lushtaku by car on 22 September 2015, helping him escape, an offence punishable by one to eight years in prison.

The 12th count blamed Agim Ukaj, transport coordinator in Dubrava, for abusing his duties during the transport on the same date by failing to ensure adequate measures and allowing Lushtaku to remain unsupervised. The offence was “Abuse of Official Position or Authority”, punishable by six months to five years in prison.

In the 13th count, Ismail Dibrani, in his role as director of the Dubrava Detention Centre from September 2015, was accused of failing to take security measures, failing to classify Lushtaku as dangerous, and failing to initiate disciplinary proceedings after the escape, for which he was charged with the same offence as above.

According to the 14th count, Sami Gjoka and Nexhip Shatri, as doctors at the Kosovo University Clinical Centre, had since January 2014 prepared false medical reports to justify Lushtaku’s frequent hospital transfers, creating conditions for more lenient measures and escape. They were charged with abuse of office, document forgery and facilitating escape, with sentences ranging from six months to eight years.

The 15th count singled out Nexhip Shatri, who, as a doctor at the Dubrava detention centre, on 23 July 2016 facilitated the transfer of a detainee to a hospital ward contrary to regulations in order to provide more favourable conditions. He was charged with “Abuse of Official Position or Authority”.

The three counts still being tried — 16, 17 and 18 — encompass the core of the criminal organisation allegations. In count 16, Sami Lushtaku, Rrustem Rukolli, Rexhep Xhota and Fatmir Mjaku are suspected of, from June 2013 to April 2015, under a coordinated plan, inducing witness “C” to give false testimony at trial by offering him employment, at least 40,000 euros, an apartment and payment for his wife’s hospital treatment. This resulted in the withdrawal of his earlier incriminating testimony from 2012 and the acquittal of several defendants.

They are charged with “Obstruction of Evidence or Official Proceedings” and “Intimidation During Criminal Proceedings”, carrying sentences of three to five years and two to 10 years in prison, respectively.

In count 17, Lushtaku, Haxha, Tahiri, Jashari and Dibrani, from June 2013 to September 2015, first threatened and then gave witness “F” at least 109,000 euros to change his incriminating testimony against Lushtaku and Haxha. Here too, the result was their acquittal of the charges. The criminal offences are the same as in count 16.

Count 18 considers Lushtaku and Haxha to be the leaders of a group of at least eight people, formed from June 2013 to manipulate witnesses and secure their acquittal. For this, Lushtaku and Haxha face a fine of up to 500,000 euros and at least 10 years in prison for “Participation in an Organised Criminal Group”.

For Rrustem Rukolli, Rexhep Xhota, Fatmir Mjaku, Skender Tahiri, Sheremet Jashari and Bajram Dibrani, the same offence carries a fine of up to 250,000 euros and no less than seven years in prison.