The Basic Court in Pristina, on Monday, gave the final word in the retrial of the "Veterans" case, where special prosecutor Valdet Gashi asked the Court to declare the defendants guilty. On the other hand, defendant Agim Çeku said that out of 80 thousand applications, 46 thousand 230 were confirmed.
In this case, former Prime Minister Agim Çeku, former Minister of Defense Rrustem Berisha, former MP Shkumbin Demalijaj, Nuredin Lushtaku, Sadik Halitjaha, Qelë Gashi, Shukri Buja, Ahmet Daku, Faik Fazliu, Smajl are accused of abuse of office. Elezaj, Fadil Shurdhaj and Xhavit Jashari, reports "Oath for Justice".
According to Prosecutor Gashi, it has been proven that the defendants committed the criminal offense they are accused of.
"I stand by the indictment due to the criminal offense of "Abuse of official position or authority" because after administering all the evidence, the well-founded suspicion that the accused committed the criminal offense according to the indictment has been confirmed," said Gashi.
The prosecutor emphasized that it has been proven that the defendants, in their capacity as members of the commission, had exceeded their powers by introducing applicants for veterans' pensions, despite the fact that they did not meet the criteria for this category, but met them for other categories, thus enabling them to be granted pensions of this category.
Gashi also said that it has been proven that the accused, as members of the commission, intentionally acted in an unlawful manner as described in the indictment, providing material benefits to the applicants, and causing damage to the state budget.
In conclusion, the prosecutor requested that the defendants be found guilty and sentenced according to the law, as well as to annul the decisions regarding the recognition of the status of veterans who were found to be receiving this pension illegally.
Meanwhile, Çeku's defense attorney, lawyer Ramë Gashi, said in his closing statement that he completely rejects the prosecution's accusation.
Gashi said he stands by the final statement given in the previous trial, arguing that all the documents and evidence convincingly go in favor of Çeku's defense.
The lawyer said that the Prosecution's claims that his client, as the chairwoman of the commission, has increased the number of applicants as KLA participants by tens of thousands are unverified and unfounded.
With this, lawyer Gashi requested that due to the lack of evidence that his client committed the crime he is accused of, he be acquitted of the charges.
Meanwhile, the accused Çeku, in his closing statement, said that no decision was made without consulting the prime minister at the time.
"I support the final word of my lawyer. Before making any decision, we consulted with two prime ministers at the time. We have not made any decision without consulting them," he said.
Regarding the Prosecutor's Office's claim of increasing the number of veteran statuses, he emphasized that out of 80 thousand applications, 46 thousand 230 have been confirmed.
"Out of 80 thousand applications, 46 thousand 230 were approved, which means there was a serious process. Then the number had to be increased, I had not said at that committee meeting that the number was larger than we expected, but it was smaller than we had agreed on," added Çeku.
Afterwards, Çeku said that he stands by his lawyer's final statement.
Due to the end of working hours, the rest of the defense will give its final statement at the next session.
The Basic Court in Pristina, on April 16, 2021, acquitted the accused. However, the Court of Appeals on April 26, 2022 returned this case to a retrial.
According to the Special Prosecutor's Office of the Republic of Kosovo (PSRK), the accused misused their official duties, for the time they were part of the Governmental Commission for the Recognition and Verification of the Status of the Nation's Martyr, Invalid, Veteran, Participant and Internee of the War of KLA, have caused damage to the Kosovo budget in the amount of 88.769.217.04 euros.
For these accusations, the Basic Court in Pristina received an acquittal on January 19, 2021.
The verdict in this case was drawn up three months later, where the PSRK within 15 days had the opportunity to file an appeal against this verdict.
Otherwise, the Basic Court in Pristina, on June 19, 2019, confirmed the indictment for this case, while this decision was also confirmed by the Court of Appeal in August 2019.
With the indictment of the PSRK, it was also requested that the Basic Court in Pristina order the Ministry of Labor and Social Welfare (MPMS) to suspend the payment of pensions for 19 veterans, until the end of the judicial process.
But, on April 1, 2019, the court rejected this request on the grounds that the proposal for the temporary measure is not against the accused, but against the Ministry of Internal Affairs and Communications, as a third party.
However, after the sessions held, the Basic Court in Pristina, on January 19, 2021, announced an acquittal against the accused in this case.
According to the indictment prepared by former special prosecutor Elez Blakaj, the persons involved are said to have abused their official duties and authority from 2011 to 2017, acting as members of the Government Commission for the Recognition and Verification of the Status of the National Martyr, the Disabled, the Veteran, the Member and the Internee of the Kosovo Liberation Army War, by intentionally exceeding their competences and by failing to fulfill their official duties, in order to benefit other persons illegally, continuously, to the detriment of the Budget of the Republic of Kosovo.
In this indictment, 12 people are included, who are charged with the criminal offense of "Misuse of official position or authority".
As reported by "Betimi per Justice", the list of accused persons is led by Agim Çeku, followed by Nuredin Lushtaku, Sadik Halitjaha, Shkumbin Demaliaj, Qelë Gashi, Shukri Buja, Ahmet Daku, Rrustem Berisha, Faik Fazliu, Smajl Elezaj, Fadil Shurdhaj and Xhavit Jashari.
The PSRK had also proposed to the court to issue the measure for the prohibition of the payment of pensions obtained illegally as combatant veterans of the KLA, until the end of the criminal procedure.
Further, according to the PSRK, the evidence provided proved that the budget of the Republic of Kosovo was damaged in the amount of 68.153.533.14 euros due to the illegal payments to the combat veterans of the KLA.
Whereas, with the indictment submitted to the court on December 7, 2018, it is claimed that the budget of the Republic of Kosovo was damaged in the amount of 88.769.217.04 euros.
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