The Supreme Court returns the City Club murder case to the Court of Appeal for retrial, where Granit Elshani was sentenced to 24 years in prison

The Supreme Court of Kosovo, with its decision of January 22, 2025, has returned the murder case at the "City Club" bar in Peja, where Granit Elshani was sentenced to 24 years in prison, to the Court of Appeal for retrial.

"With the approval of the appeal of the defense attorney of the accused Granit Elshani, the judgment of the Court of Appeals-Special Department,... dated 20.09.2024, is annulled and the case is returned to this court for retrial," states the Supreme Court decision that has provided "Oath of Justice".

The Court of Appeal had overturned the decision of the Basic Court in Gjakova, sentencing Elshan to 24 years in prison for the murder at the "City Club" in Peja.

Supreme Court findings

According to the decision, one of the important issues in this case, raised by Elshan's defense, concerns whether the actions of the police officers when they entered Tahir Hyseni's house on the critical day and seized the weapon were in accordance with legal provisions.

Which, according to the Supreme Court, the second instance court did not present sufficient and clear reasons, but was content with generalized findings that are identical to the first instance verdict when Elshani was initially convicted.

Also, according to the Supreme Court, it appears that the Appeals Court did not evaluate the claims of Elshan's defense attorney but was satisfied with the administration of the evidence presented by the first instance court.

Always according to the Supreme Court's decision, it is important to clarify the essential arguments of the parties that must be addressed and evaluated, and that such aspects have also been clearly emphasized by the European Court of Human Rights in cases such as: Hiro Balani v. Spain, the Van de Hurk v. the Netherlands, Heggins and others v. France.

According to the Supreme Court, the Appeal did not clearly address the actions of the police officers on the critical night, but also other issues that should be addressed in the retrial.

Therefore, according to the Supreme Court, we are dealing with an essential violation of the provisions of criminal procedure that necessitates the annulment of the decision of the second instance court.

Supreme Court recommendations

The Supreme Court has recommended that in the retrial, the Appeals Court should eliminate the violations of the essential nature of the provisions of criminal procedure by examining the complaint claims presented in response to the appeal filed by Elshan's defense.

Furthermore, he suggested that the actions of the police officers be specified in order to reach a meritorious decision and to present sufficient reasons regarding the allegations and other violations that the Appeals Office should take care of ex officio.

Otherwise, the Basic Court in Peja, in May 2018, had sentenced Granit Elshan to 25 years in prison. However, in October 2018, the Court of Appeals had annulled the verdict in question.

After the case was transferred to the Basic Court in Gjakova, Granit Elshani was sentenced on March 14, 2023 to 24 years in prison for the charge that on January 2, 2010, at the “City Club” discotheque in Peja, he had fired a gun, killing B.Sh. This decision was confirmed by the Appeals Court, but was retried by the Supreme Court.

However, the Basic Court in Gjakova, in the second retrial on November 30, 2023, had announced an acquittal against Granit Elshani.

According to the indictment filed by the Special Prosecution on November 25, 2016, Elshani was accused of having opened fire on January 2, 2010, at the "City Club" discotheque in Peja, killing B.Sh.