The Arlinda Zekaj case, institutional responsibility and the political debate: Should Gazmend Muhaxheri also be held accountable?

The murder of Arlinda Zekaj in Peja has caused widespread public shock and has reignited the debate over how institutions protect women who report violence and seek help. Protests have taken place in several cities across Kosovo, while citizens have demanded justice and accountability from institutions that, despite being warned, failed to take the necessary measures to protect her.

After the incident, the statement by Justice Minister Donika Gërvalla at the extraordinary session of the Assembly sparked numerous reactions. Various representatives called for her resignation and that of Interior Minister Xhelal Sveçla. Gërvalla later clarified that her words were a response to AAK MP Time Kadrijaj and asked that the case not be used for political clashes.

The debate now centers on the question of whether responsibility is being shifted away from the institutions that had been notified of the danger to Arlinda Zekaj and moved toward a political conflict. In this context, it remains to be determined how far the chain of responsibility extends for the failure to protect her.

Halilaj: Responsibility must be determined by facts and competencies

Lawyer Gazmend Halilaj believes that the tragedy of Arlinda Zekaj should not be turned into a tool for political clashes. According to him, political responsibility cannot be determined by public pressure or partisan calculations, but must be analyzed on the basis of facts, the institutional chain of decision-making, legal obligations, the information each institution had, and its actions or inactions.

“The case of Arlinda Zekaj should serve as a moment of reflection on institutional responsibility, the functioning of security mechanisms, and the state’s obligation to protect the lives of its citizens. Before any other discussion stands a lost life and a human tragedy that demands justice, respect, and dignified treatment. Arlinda Zekaj must not be used as an instrument of political clashes. It is concerning that such a serious event is immediately accompanied by calls for ministers’ resignations, without first clearly examining what the competencies, responsibilities, and concrete actions of the relevant institutions were. Responsibility must be based on facts and on who had the legal obligation to act, what they knew, and what they did or did not do,” Halilaj states.

He emphasizes that the principle of accountability must apply to every official, regardless of party, position, or level of power. For this reason, according to him, the review should not be limited only to central institutions, but should also include the Municipality of Peja and Mayor Gazmend Muhaxheri.

“Individual and institutional responsibility must apply to everyone. If accountability is being demanded from central institutions, the responsibilities that may have been within the competence of the municipality and Mayor Gazmend Muhaxheri should also be examined. This does not mean that anyone should be automatically blamed. Each person should be assessed based on their legal competencies, the information they had, and the actions they took or failed to take,” the lawyer says.

Halilaj also calls for caution in assessing the role of Minister Donika Gërvalla. According to him, a minister must be held accountable for their own competencies and actions, but cannot be automatically declared responsible for every operational action or inaction of structures that have separate professional and legal chains.

“It is not fair for political responsibility to be built on assumptions or for resignations to be demanded solely because of membership in a particular government. In a democratic state, ministers must answer for their duties and actions, but they cannot automatically bear responsibility for every case handled by institutions with separate professional and legal structures,” Halilaj states.

He also raises the issue of the boundary between political oversight and interference in the operational work of the Police. According to him, the opposition cannot demand that ministers respect the operational independence of the Police while simultaneously criticizing them for not intervening in specific cases.

“If ministers had intervened directly in the operational work of the Police before this tragedy, would they not have been accused by the same opposition of political interference in security institutions? A single standard must be applied. Political oversight, institutional responsibility, and operational independence are different concepts and must be treated with legal seriousness,” he emphasizes.

Halilaj clarifies that his support for the Vetëvendosje Movement and Donika Gërvalla does not constitute unconditional political defense nor an attempt to evade accountability. He says that any governance must be accompanied by independent justice, functional institutions, and the determination of responsibility based on evidence.

“I cannot accept double standards, where accountability is demanded only from one political side, while other institutions are excluded from analysis. Arlinda Zekaj deserves justice and not political exploitation, while her family deserves the truth and not calculated partisan statements. The state needs a serious and transparent investigation, not a race to see who will be the first to demand someone’s resignation. No one should be above the law, but no one should be declared responsible without their concrete responsibility being proven. This principle must apply to ministers, the Police, municipal institutions, local leaders, and every public official. We demand the truth, equal accountability, and justice for Arlinda Zekaj,” Halilaj concludes.

Mehmeti: Responsibility should be sought from the institutions that had been notified

Commentator Gani Mehmeti considers the calls for the resignation of Donika Gërvalla and Xhelal Sveçla unnecessary. In his assessment, the two ministers were not involved in handling the case and did not have prior information about Arlinda Zekaj’s requests.

Mehmeti says that responsibility should be sought from the structures that were informed of the danger facing the victim but did not take appropriate measures to protect her. He believes that protests and demands for accountability should be directed at the institutions that had the opportunity to prevent the tragedy and not at the two ministers.

“Protesters should address the institutions where Arlinda Zekaj had sought help and which neglected the case, whether due to lack of work or lack of will to help her. It is especially painful because these institutions had the opportunity to stop the murder. She was killed in their hands, because they did not come to her aid,” Mehmeti stated.

According to him, determining responsibility must be based on the information that institutions had and on the concrete actions they took or failed to take.

Mehmeti opposes in this context the calls for the resignation of Gërvalla and Sveçla. He argues that neither was part of the process of handling the case and, based on the information available to him, was not aware of the victim’s requests.

“The demand for the resignation of Minister Donika Gërvalla and Minister Xhelal Sveçla is excessive and unnecessary, because they were not part of this process. If they had been aware and had the opportunity to help but did not do so, then one could speak of moral responsibility and other responsibilities. But they were not aware of Arlinda’s case and may have learned about it from the media earlier than officially,” he said.

The commentator demands that the investigation of responsibility follow the entire institutional chain that had contact with the case. He mentions the Prosecution in Peja, the responsible prosecutors, and the Kosovo Police.

“The chain of political responsibility and any other responsibility must stop at the persons and institutions that were notified. According to what has been made known, this group includes the chief prosecutor of Peja, who was informed in writing through Arlinda’s request, the other prosecutors, and the internal affairs bodies in Peja. This responsibility also includes the police officers who did not take the case seriously, even though Arlinda had warned them and reported it in time,” Mehmeti stated.

He also raises the role of local institutions. According to him, the Mayor of Peja must be held accountable if he was informed about the case. If he did not have information or the competence to intervene, Mehmeti says, he cannot be held responsible without the opposite being proven.

“Responsibility must be determined only by analyzing the competencies and concrete actions of each institution. If ministers had intervened in the work of the prosecution, judiciary, or police before this tragedy, the opposition would have accused them of interfering in independent security institutions, just as it has done before,” he emphasizes.

In conclusion, Mehmeti says that the case of Arlinda Zekaj should serve as an alarm signal for justice and security institutions. According to him, accepting a public duty also entails the obligation to exercise it with dedication and professionalism.

He believes that the failure to react in time had tragic consequences and that the institutions that had the opportunity to protect the victim must answer for their inaction.

“It is not enough to accept a duty if it is not performed with honor and maximum dedication, especially when it comes to saving lives. In this case, according to him, the duty was not properly fulfilled by the police, the judiciary, and the prosecution, which unfortunately led a woman and a mother to the grave,” Mehmeti concluded.