The Basic Court in Pristina, Department for Administrative Matters, has rejected Besim Kelmendi's request for the imposition of a temporary security measure and for the suspension of the decision of the Kosovo Prosecutorial Council (KPK), by which he was dismissed from the position of Acting Chief State Prosecutor, reports. "Oath for Justice".
The decision was made on December 4 by Judge Valbona Gjonbalaj, after the Court found that the legal conditions for the imposition of a temporary measure, as provided for in Articles 99 and 100 of the Law on Administrative Conflicts, were not met.
Through his legal representative, attorney Flakron Sylejmani, Besim Kelmendi filed a lawsuit against the KPK, requesting the annulment of the KPK decision, and at the same time requested: The suspension of the implementation of this decision, as a temporary security measure, and his reinstatement to the position of Acting Chief State Prosecutor, until the court's final and meritorious decision.
Kelmendi claimed that the KPK decision was made without a quorum and without respect for legal procedures, during a second meeting held on November 20. According to him, such dismissal caused him serious, immediate and irreversible damage, including reputational and professional damage, and created institutional uncertainty in the leadership of the State Prosecution. He argued that the suspension of the decision did not violate the public interest, but on the contrary protected the rule of law, reports “Oath for Justice”.
On the other hand, the Kosovo Prosecutorial Council had requested the court to completely reject the interim measure, emphasizing that: The position of Acting Chief Prosecutor does not constitute a legally guaranteed mandate and is a temporary and replaceable function; Removal from this position does not affect the professional status of Kelmendi, who continues to be a state prosecutor, without losing either employment rights or salary; The claims for irreparable damage are subjective and not based on concrete evidence; The public interest requires a stable and neutral functioning of the State Prosecution without judicial interference in the decision-making of the KPK.
In its reasoning, the Court emphasized that for the imposition of a temporary measure, two cumulative conditions must exist: real, serious and irreversible damage to the plaintiff and the absence of a violation of the public interest.
According to the court, the plaintiff failed to prove the existence of irreparable damage, as the position of Acting Chief Prosecutor is temporary and its loss can be legally compensated with a final decision - reinstatement or material compensation.
The Court also finds that the claims for reputational or professional damage are considered declarative and unsubstantiated by concrete facts;
According to the court, suspending the decision would violate the public interest, create institutional uncertainty, and disrupt regular decision-making processes in the prosecutorial system.
The court ultimately found that the legal conditions were not cumulatively met, therefore Kelmendi's request for a temporary security measure was rejected.
The plaintiff has the right to appeal against this ruling within 7 days from the date of receipt of the decision, to the Court of Appeal in Pristina, through the Basic Court in Pristina.
You can read Besim Kelmendi's full lawsuit by clicking HERE.
The case of Besim Kelmendi, which was reported by "Oath for Justice".
The Acting Chief State Prosecutor, Besim Kelmendi, was dismissed from this position at a meeting on Thursday (November 20, 2025) by a decision taken by five members of the Kosovo Prosecutorial Council.
After Kelmendi's dismissal, the KPK appointed prosecutor Agron Qalaj as Acting Chief State Prosecutor.
On November 19, the Acting Chief State Prosecutor, Besim Kelmendi, was interviewed by the Special Prosecution Office of the Republic of Kosovo (SPRK) as a witness in connection with the investigation process into the Recak massacre.
After the interview, Kelmendi stated that he had not been to Recak until 2001.
The Acting Chief State Prosecutor, Besim Kelmendi, stated at the Council meeting after his dismissal from this position was proposed that this was planned so that the person trusted by those who want to dismiss him would come to this position.
A day ago, KPK member Visar Krasniqi directly held the Chief Prosecutor of the Special Prosecution Office, Blerim Isufaj, responsible, saying that he is behind the entire process of dismissing Besim Kelmendi.
The Special Prosecution of the Republic of Kosovo has described as incorrect and unfounded the statements of some members of the Kosovo Prosecutorial Council that Blerim Isufaj is behind the dismissal of the acting Chief State Prosecutor, Besim Kelmendi.
The EU Office has reacted by saying that Kelmendi's dismissal hinders the necessary reform of the KPC and Kosovo's progress on the path towards the EU.
Meanwhile, IKL has assessed that the abusive dismissal of the Acting Chief State Prosecutor is a clear attempt to preserve the corporatist structure in the KPK.
President Vjosa Osmani said that in coordination with the QUINT countries they are analyzing the serious developments in the KPK. She said that it is inexcusable that 26 years after the war, the members of the Council feel threatened.
The five members of the KPK who decided to dismiss Kelmendi considered the statements about threats against the rest of the members to be untrue and unfounded.
The European Union Office in Kosovo has announced that after an urgent meeting with the Kosovo Prosecutorial Council (KPK), it has called on the latter to fully implement the reform in this institution, to ensure the legality of decisions and to act with integrity. /Oath for Justice/
