The Basic Court of Prishtina issued a not guilty verdict on Tuesday for Sami Lushtaku, Ismet Haxha, Rrustem Rrukolli, Fatmir Mjaku, Rexhep Xhota, Skender Tahiri, Sheremet Jashari and Bajram Dibrani, who faced charges of “Participation in an organized criminal group,” “Obstruction of evidence or official proceedings” and “Intimidation during criminal proceedings.”
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The presiding judge, Leon Përlaska, announced that none of the defendants were proven to have committed the crimes they were charged with, thus resulting in their full acquittal, reports “Betimi për Drejtësi.”
All court costs will be covered by the budget funds of this court.
The trial at this stage focused only on counts 16, 17 and 18 of the indictment for the eight defendants mentioned above, after their proceedings were separated from those of the others.
As for the other parts of the indictment, they included the names of Emrush Thaqi, Shemsi Hajrizi, Sahit Jashari, Mergim Lushtaku, Dardan Gecaj, Bashkim Dervisholli, Valon Behramaj, Argjent Behramaj, Yll Blakaj, Gzim Ahmeti, Xhevdet Zena, Mervete Hasani-Lushtaku, Agim Ukaj, Ismail Dibrani, Sami Gjoka and Nexhib Shatri.
In the initial phase, on April 5, 2018, the Basic Court rejected the defense’s request to dismiss the indictment and challenge the evidence, arguing that the criminal offense had not been time-barred and that the evidence presented by the defense was not convincing. This position was later confirmed, in July of that year, by the Court of Appeals.
Also at that time, the court approved the plea agreement between the Prosecution and the accused Mirvete Hasani-Lushtaku, who was fined 3,500 euros for the offense of “Facilitating the escape of a person deprived of liberty.”
Regarding the 2014 escape from the University Clinical Center of Kosovo, where Sami Lushtaku was undergoing medical treatment during pre-trial detention for the “Drenica” case, the Basic Court had issued a verdict on April 14, 2020. For that specific event, Lushtaku was acquitted, however he was fined 12,000 euros for two escapes that occurred on August 21, 2015 and September 22, 2015. In the same trial, three guards who accompanied him — Ylber Blakaj, Gëzim Ahmeti and Xhevdet Zena — were each fined 1,000 euros. The rest of the 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 Gecaj, Bashkim Dervisholli, Valon Behramaj and Argjent Behramaj, were declared innocent.
However, the Appeals Court later annulled the verdict for Thaqi and Shatri. In the retrial conducted by judge Agim Kuçi, these two defendants were also found not guilty.
It is worth recalling that on November 17, 2016, EULEX prosecutor Romulo Matues filed this serious indictment against Lushtaku and the other individuals, linking the criminal acts to the escape from the University Clinical Center of Kosovo where they had gone for medical services while serving sentences for the case known as the “Drenica Group.”
Details from counts 16, 17 and 18 that remained under review
Count 16 seated Sami Lushtaku, Rrustem Rukolli, Rexhep Xhota and Fatmir Mjaku in the dock. According to the prosecution, from June 2013 to April 2015, these four individuals, in close cooperation and according to a prior agreement, induced the coded witness “C” to give false testimony in the main trial of case P.938/13. For this, he was promised a job, a sum of at least 40,000 euros and an apartment, and his wife’s medical treatment was paid for. The goal was for him to retract his earlier statement of January 18, 2012, in which he had heavily incriminated Sami Lushtaku, Sahit Jashari and Sabit Gecaj. This action, according to the indictment, obstructed the judicial process and led to the acquittal of the initial defendants. For these reasons, they were charged with “Obstruction of evidence or official proceedings” and “Intimidation during criminal proceedings” as co-perpetrators, offenses carrying sentences of 3 to 5 years, and 2 to 10 years in prison.
In count 17, the charges weighed on Sami Lushtaku, Ismet Haxha, Skender Tahiri, Sheremet Jashari and Bajram Dibrani. There it was alleged that during the period June 2013 – September 2015, according to a joint plan, they initially forced through threats and later through a payment of at least 109,000 euros, the witness identified as “F” to retract the strong incriminating evidence he had previously given against Lushtaku and Haxha in the main hearing of case P.938/13. Here too, the manipulation of testimony blocked the proceedings and resulted in acquittals for the defendants. The criminal offenses and sanctions were the same as in count 16.
As for count 18, it involved the eight persons mentioned above. The prosecution alleged that, starting from June 2013, under the direction and leadership of Lushtaku and Haxha, a group of at least eight members was formed with the purpose of preventing witnesses who had given damaging statements during the investigation from testifying correctly. According to the indictment, they forced these witnesses to change their testimonies at trial in order to secure release from detention and full acquittal of Lushtaku and Haxha. For this, Lushtaku and Haxha faced charges of “Participation in an organized criminal group” as co-perpetrators, punishable by a fine of up to 500,000 euros and at least 10 years in prison, while the other six defendants — Rrustem Rukolli, Rexhep Xhota, Fatmir Mjaku, Skender Tahiri, Sheremet Jashari and Bajram Dibrani — faced fines of up to 250,000 euros and no less than 7 years of imprisonment.
