"You killed my children", the witness accuses Lushtaku, the latter says he did not recognize him until the trial of the "Drenica" case

In Wednesday's session at the Basic Court in Pristina, Nazmi Maloku, known as "Witness C" in the "Drenica" case, continued his testimony. He accused Sami Lushtaku of the case of the twins who died during childbirth, saying that he had strangled them.

He made this statement during the trial for organized crime and other criminal offenses against Sami Lushtaku, Ismet Haxha, Rrustem Rrukolli, Fatmir Mjaku, Rexhep Xhota, Skender Tahiri, Sheremet Jashari and Bajram Dibrani.

Witness Maloku, who began his testimony at the February 25, 2025 session, continues to be questioned by the defense of the accused.

"100 years ago today, you killed my children," said witness Maloku.

Maloku testified in the previous hearing that he filed a lawsuit against two doctors in 2002 when two of his children died during childbirth, and was then invited by EULEX to give a statement regarding the case. According to him, he had signed the same statement in English, adding that two weeks later EULEX called him to sign the statement in Albanian. That statement was allegedly changed and became the "statement for the Drenica group".

In today's hearing, witness Maloku made the accusation about the children's case by replying to Lushtaku, who said that he never knew Maloku until he came to court for the "Drenica" case.

"I only knew him when he came to court when he was in "Drenica" (in court proceedings), I didn't know him before. I'm impressed that he knows so much, even about those Serbs in Belgrade. They know who this person is, even about everyone," said Lushtaku, reports "Oath for Justice".

"You should come," the witness told him, asking him not to call him a spy.

On the other hand, the accused Lushtaku said that through his lawyer he requested a denunciation because he wants the truth to come to light.

"You can't just say you're guilty of murder in 2000 when I have no connection to or have never known this person," said Lushtaku.

Meanwhile, regarding how the incident and the imprisonment of the Drenica group had unfolded, and how he had ended up as a protected witness in the "Drenica" case, Maloku was asked if he had told anyone that he had given a statement about the Drenica group, but he denied that he had given a statement about that group.

But, according to him, he had attempted to meet Sami Lushak at the time in the Municipality, but was not allowed to enter there by security.

"I did not give a statement about the Drenica group, I even went to the Municipality to tell Samia what EULEX is preparing, but security did not let me in," said Maloku.

Regarding the claim of testimony against the Drenica group, Maloku reiterated that he did not provide testimony.

"I'm not going to serve the devil," he said.

Afterwards, the accused Lushtaku himself asked Maloku if they had ever met, and the latter confirmed this.

Lushtaku explained that he had never known witness Maloku until the day he appeared as a witness against him.

"I'm not accusing you, Sami Lushtaku, you're dealing with people who have done things in your name, I never said that Samia threatened me," added witness Maloku.

The presiding judge, Valon Kurtaj, asked the witness who provided him with the statement, which he said was offered to him by EULEX to sign.

Maloku stated that this was done by former EULEX prosecutor Maurizio Salustro for reasons that he said he did not know.

He again denied that he had not given a statement to EULEX against the Drenica group and that he had not received threats from Lushtaku or the other defendants.

"No, none from the Drenica group," said Maloku.

Otherwise, in this case, the trial is continuing for counts 16, 17 and 18 of the indictment against Sami Lushtaku, Ismet Haxha, Rrustem Rrukolli, Fatmir Mjaku, Rexhep Xhota, Skender Tahiri, Sheremet Jashari and Bajram Dibrani, for whom the procedure was separated.

In this case, the following were charged in other counts of the indictment: Emrush Thaqi, Shemsi Hajrizi, Sami Lushtaku, Sahit Jashari, Ismet Haxha, Mergim Lushtaku, Dardan Geci, Bashkim Dervisholli, Valon Behramaj, Argjent Behramaj, Yll Blakaj, Gzim Ahmeti, Xhevdet Zena, Mervete Hasani-Lushtaku, Agim Ukaj, Ismail Dibrani, Sami Gjoka and Nexhib Shatri.

Initially, the Basic Court in Pristina, on April 5, 2018, rejected the defense's requests to dismiss the indictment and challenge the evidence, on the grounds that it had established that there was no statute of limitations for the criminal offense and that the defense had not presented sufficient evidence to support them. The Basic Court's ruling was upheld by the Court of Appeal in July 2018.

The Constitutional Court also approved the plea agreement of the accused Mirvete Hasani-Lushtaku with the Prosecution, where she was sentenced to a fine of 3 euros for the criminal offense of "Facilitating the escape of a person deprived of liberty."

The Basic Court in Prishtina, on April 14, 2020, announced the verdict in the case of the escape of the former mayor of the Municipality of Skenderaj, Sami Lushtak, and others from the Clinical and University Center of Kosovo (KKUK), which occurred in 2014, until Lushtaku was receiving medical treatment at the time he was in custody in the "Drenica" case.

For this escape from the KKUK, the court acquitted Lushtaku of the charge, but sentenced him to a 12 euro fine for two other escapes that occurred on August 21, 2015 and September 22, 2015.

In addition to Lushtak, the guards who were escorting Lushtak, Ylber Blakaj, Gëzim Ahmeti and Xhevdet Zena, were fined 1 euros each.

While all the other accused, including Lushtak's son, Mërgim Lushtak, as well as Emrush Thaqi, Shemsi Hajrizi, Sami Gjoka, Nexhip Shatri, Ismajl Dibrani, Agim Ukaj, Ismet Haxha, Dardan Geci, Bashkim Dervisholli, Valon Behramaj and Argjent Behramaj, were acquitted.

However, the verdict against the accused Thaqi and Shatri was annulled by the Court of Appeal. Subsequently, Emrush Thaqi and Nexhib Shatri were acquitted of the charges in a retrial by a verdict announced by Judge Agim Kuçi.

Otherwise, the EULEX prosecutor, Romulo Matues, had filed an indictment against Sami Lushtaku and others on November 17, 2016, charging them with several criminal offenses related to the escape of Lushtaku and others from the QKUK, who had been convicted in the case known as the "Drenica Group", and who had gone to this center to receive medical services due to health problems.

The first count of the indictment charged Emrush Thaqi with having abused his official position on and after May 20, 2014, acting in his capacity as director of the Pristina Detention Center, by intentionally and knowingly violating a law related to his duties and intentionally failing to perform his duties, enabling the detainees in case P.938/13 (known as the Drenica Case): Sami Lushtaku, Sahit Jashari and Ismet Haxha, to escape from the Pristina Regional Hospital facility.

According to the indictment, he did this with the aim of benefiting himself, in the form of promotion to the position of General Director of the Kosovo Correctional Service, enabling the three defendants to enjoy lighter and inadequate security measures from the KCS, which enabled them to escape from correctional supervision and forcing the judge to change the decision of May 19, 2014, for the transfer to the Mitrovica Detention Center.

The indictment states that the defendant failed to ensure the assignment of two prison guards to supervise each defendant, failed to ensure the presence of at least one correctional officer in the defendant's room at all times, and failed to ensure that the staff assigned to guard the detainees at the hospital were sufficiently qualified to perform correctional supervision of high-level detainees.

Further, it is stated that care was not taken to place the defendants in sufficiently secured rooms or, as an alternative, to provide sufficient rooms in order to prevent their escape, care was not taken to equip the correctional officers assigned to guard the defendants with appropriate security equipment, and care was not taken to keep the defendants in handcuffs, except in cases where this was required for the provision of medical treatment.

It is also said that he did not take care to prevent unauthorized visitors from visiting the defendants, did not order his subordinate correctional officers (Bashkim Dervisholli, Valon Behramaj and Argjent Behramaj) assigned to guard the defendants to fully cooperate with the KP officials who arrived at the scene, did not submit a request to the Prisoner Categorisation Commission to categorise the defendant Ismet Haxha as a detainee with extremely high risk, high risk or high risk of escape, and did not initiate disciplinary proceedings against the escaped detainee Haxha, who was held in the Pristina Detention Centre.

In this way, he was accused of having committed the criminal offense of "Abuse of official position or authority" under Article 422, paragraphs 1., 2.1., 2.2 and 2.3 of the Criminal Code, punishable by imprisonment from 6 months to 5 years.

Whereas, in the second count of the indictment, it is stated that from November 11, 2014 to September 22, 2015, Emrush Thaqi, in his capacity as the general director of the KCS, abused his position by failing to exercise control over the subordinate correctional unit of the Dubrava Detention Center and enabled the detainee in case P.938/13, Sami Lushtaku, to enjoy preferential and irregular correctional treatment during the time he was in detention, culminating in his escape on August 21, 2015 and September 22, 2015.

According to the indictment, he did this with the aim of benefiting himself, by continuing to remain in the position of director of the KCS, and for the detainee, by enabling him to enjoy lighter and inadequate security measures from the KCS, which enabled him to escape.

The indictment states that Thaqi failed to organize proper supervision of the detainee while he was being transported out of the Dubrava Detention Center, failed to supervise subordinate correctional officers in implementing the rules regarding the transportation and hospitalization of the defendant out of the Detention Center, and failed to implement procedures related to the categorization of the detainee as a detainee with extremely high risk, high risk, or high risk of escape.

With this, he was accused of having committed the criminal offense of "Abuse of official position or authority" under Article 422, paragraphs 1., 2.1., 2.2 and 2.3 of the Criminal Code, punishable by imprisonment from 6 months to 5 years.

The third count of the indictment charged Shemsi Hajrizi with having abused his office between 19 and 22 May 2014, in his capacity as acting director of the KCS, by publicly refusing to implement the judge's decision in case P.938/13 of 19 May 2014, which ordered the transfer of defendants Sabit Geci, Sylejman Selimi, Avni Zabeli, Jahir Demaku, Sami Lushtaku, Sahit Jashari and Ismet Haxha to the Mitrovica Detention Center, inciting his subordinates from the correctional staff to oppose the implementation of this decision in relation to defendants Lushtaku, Jashari and Haxha.

This is said to have been done with the aim of benefiting the three defendants, in such a way that they would escape from the hospital and force the judge to change his decision to transfer them to the Dubrava Detention Center, and he deliberately disobeyed the court order.

With this, Hajrizi was accused of having committed the criminal offense of "Abuse of official position or authority" under Article 422, paragraphs 1., 2.1 and 2.2 of the Criminal Code, punishable by imprisonment of 6 months to 5 years.

The fourth count charged Sami Lushtaku, Sahit Jashari and Ismet Haxha that in the morning hours of May 20, 2014 and the evening hours of May 22, 2014, in the premises of the Regional Hospital in Pristina, in complicity and through a plan agreed upon between them, while they were detained in case P.938/13 (Drenica Case), they escaped from the hospital rooms where they were being held due to their alleged health condition and hid in an unknown location, escaping from this institution.

With this, they were accused of having committed the criminal offense of "Escape of a person deprived of liberty" as co-perpetrator, in violation of Article 405, paragraph 1 in conjunction with Article 31 of the Criminal Code, punishable by imprisonment of up to 3 years.

In the fifth count of the indictment, Mergim Lushtaku and Dardan Geci were charged with having, in the same period as in the fourth count of the indictment, in the premises of the Pristina Regional Hospital, acting in complicity and according to plan, helped Sami Lushtaku escape and go to an unknown location, where he remained hidden until May 4, 22.

With this, they were accused of having committed the criminal offense of "Facilitating the escape of persons deprived of liberty" as co-perpetrators, under Article 406, paragraphs 1 and 4 in conjunction with Article 31 of the Criminal Code, punishable by imprisonment from 1 to 8 years.

Meanwhile, in the sixth count of the indictment, Bashkim Dervisholli, Valon Behramaj and Argjent Behramaj were accused of having, in the period between May 20 and 22, in the premises of the Pristina Regional Hospital, in complicity and according to plan, obstructed the implementation of the judge's decision in case P.938/13, which ordered the transfer of Sami Lushtaku, Ismet Haxha and Sahit Jashari from Pristina to the Detention Center in Mitrovica, where in their capacity as correctional officers they failed to maintain proper vigilance over the detainees, enabling them to escape and enjoy unlawful freedom.

With this, they were accused of having committed the criminal offense of "Providing assistance to perpetrators after committing a criminal offense" and "Unlawful release of persons deprived of liberty", in co-perpetration, under Article 388, par. 1., 2.5 and 3 in connection with Article 31, as well as Article 407 in connection with Article 31 of the Criminal Code, punishable by imprisonment from 1 to 10 years, as well as imprisonment from 6 months to 5 years.

Further, the seventh count of the indictment charged Ylber Blakaj, Gzim Ahmeti and Xhevdet Zena, that on August 21, 2015, acting in co-perpetration according to a plan agreed between them and authorized to guard the defendant Sami Lushtaku, while they were outside the Dubrava Detention Center, illegally releasing him and leaving him unaccompanied to enjoy his time in freedom, acting in violation of the decision of the Basic Court in Mitrovica for detention, issued with the judgment of May 27, 2015, sentencing him to 12 years of imprisonment in case P.938/13.

With this, they were accused of having co-perpetrated the criminal offense of "Unlawful release of persons deprived of liberty" under Article 407 in conjunction with Article 31 of the Criminal Code, punishable by imprisonment of 6 months to 5 years.

The same individuals were also charged in the eighth count of the indictment, which states that on September 22, 2015, acting in co-perpetration and according to plan, in their capacity as correctional officers, they abused their duty and authorizations in guarding Sami Lushtaku, while he was outside the Dubrava Detention Center, illegally releasing him and leaving him unaccompanied to enjoy his time in freedom, acting contrary to the decision of the Mitrovica Detention Center for pre-trial detention.

In this way, they were charged with having committed the criminal offense of "Unlawful release of persons deprived of liberty", in co-perpetration, under Article 407 in conjunction with Article 31 of the Criminal Code, punishable by imprisonment of 6 months to 5 years.

In count 9, Sami Lushtaku was charged with intentionally remaining temporarily unaccompanied by correctional staff and without any court order, outside the premises of the Dubrava Detention Center, when he was in detention for case P.21/2015, staying at home, thus escaping from the institution where he was being held and disobeying the detention order issued by the court.

With this, he was accused of having committed the criminal offense of "Escape of a person deprived of liberty" under Article 405 of the Criminal Code, punishable by imprisonment of up to 3 years.

Count 10 of the indictment also charged Sami Lushtaku with intentionally remaining unaccompanied by correctional staff and without a court order outside the premises of the Dubrava Detention Center, where he was being held, on September 22, 2015, escaping from the institution where he was being held.

With this, Lushtaku was accused of having committed the criminal offense of "Escape of a person deprived of liberty" under Article 405, paragraph 1 of the Criminal Code, punishable by up to 3 years of imprisonment.

Whereas in the 11th count, Mervete Hasani-Lushtaku was charged with having transported Sami Lushtaku by car on September 22, 2015, behind or around the Pristina Regional Hospital, thus aiding in his escape.

With this, he was accused of having committed the criminal offense of "Escape of a person deprived of liberty" under Article 406, paragraph 1 of the Criminal Code, punishable by imprisonment of 1 to 8 years.

In the 12th count, Agim Ukaj was charged with, that on September 22, 2015, acting in the capacity of the transport coordinator of the Dubrava Detention Center, he abused his duty and authorizations during the organization of the transport and supervision of the detainee Sami Lushtaku while he was outside the Dubrava Detention Center, as he did not ensure the implementation of adequate security measures, enabling him to remain unaccompanied and enjoy his time in freedom, an action that was in contradiction with the decision of the Foundation for his detention. By doing so, he enabled Lushtaku to have milder and inadequate security measures, allowing him to spend time in freedom, unaccompanied by correctional officers outside the detention facility.

With this, he was accused of having committed the criminal offense of "Abuse of official position or authority" under Article 422, par. 1., 2.1, 2.2 and 2.3 of the Criminal Code, punishable by imprisonment of 6 months to 5 years.

According to the 13th provision of the indictment, Ismail Dibrani was charged with having abused his official position and intentionally failed to perform his duties, from September 1, 2015, from the day he assumed the position of director of the Dubrava Correctional Detention Center onwards, by providing preferential treatment to the detainee Lushtaku, which ultimately resulted in his escape from correctional supervision on September 22, 2014, for which no disciplinary measure was ever taken against him.

It states that in order to benefit Lushtaku, he provided him with more lenient and inadequate measures, so that he was allowed to spend time at liberty, unaccompanied by correctional officers outside the detention facilities. According to the indictment, Dibrani failed to ensure the implementation of appropriate security measures when the detainee was escorted out of the Dubrava Detention Center to the hospital, failed to submit a request to the Deputy Director General for Security and Operations at the KCS to categorize Lushtaku as a detainee with extremely high risk, high risk, or high risk of escape, and failed to initiate disciplinary proceedings against Sami Lushtaku after his escape on September 22, 2015.

With this, he was accused of having committed the criminal offense of "Abuse of official position or authority" under Article 422, par. 1 and 2.1., 2.2 of the Criminal Code, punishable by imprisonment from 6 months to 5 years.

Meanwhile, Sami Gjoka and Nexhip Shatri, in the 14th provision, were accused of having issued false medical reports from January 2, 2014 onwards, acting as doctors at the University Clinical Center of Kosovo (UCCK), on the basis of which they requested medical examinations on behalf of Lushtaku, thus presenting false medical conditions in their reports, in order to enable regular transfers to the hospital for him, where he enjoyed significantly less restrictive measures and was able to avoid correctional supervision and ultimately escape.

With this, they were accused of having committed the criminal offenses of "Abuse of official position or authority", "Forgery of documents" and "Facilitating the escape of persons deprived of liberty", in co-perpetration, under Article 422, par.1., 2.1 and 2.2 in connection with Article 31, Article 398, par.1 and 2 in connection with Article 31 and Article 406, par.1 and 4, in connection with Article 31 of the Criminal Code, punishable by imprisonment from 6 months to 5 years, by a fine or by imprisonment up to 5 years, as well as by imprisonment from 1 to 8 years.

Whereas, the 15th provision charged Nexhib Shatri with having exceeded his authorizations on July 23, 2016, acting in his capacity as a doctor at the Dubrava Detention Center, having acted against the Administrative Instruction on the criteria for placing prisoners in correctional institutions, by facilitating the transfer of the detainee Shkelqim Latifaj on the day of his arrival from Dubrava, to the hospital ward in Dubrava, in order to provide Latifaj with a benefit in the form of enjoying less restrictive conditions in detention.

With this, he was accused of having committed the criminal offense of "Abuse of official position or authority" under Article 422, paragraphs 1., 2.1 and 2.2., punishable by imprisonment of 6 months to 5 years.

Dispositions 16, 17 and 18 for which the trial is continuing

Count 16 of the indictment charges Sami Lushtaku, Rrustem Rukolli, Rexhep Xhota and Fatmir Mjaku.

According to this provision, there is a well-founded suspicion that in the period between June 2013 and April 2015, acting in complicity according to a plan agreed upon between them, they incited witness “C” to give a false statement at the main hearing in case P.938/13, promising the witness a benefit in the form of employment, offering him money in the amount of at least 40 thousand euros and an apartment, as well as arranging and paying for his wife's treatment in hospital, in exchange for his denial in his previous statement given in the preliminary proceedings on 18 January 2012.

It states that in that statement, witness “C” had given strong incriminating evidence against the main defendants in the case, namely Sami Lushtaku, Sahit Jashari and Sabit Geci, and as a result, his false statement at trial obstructed the criminal proceedings, which led to the defendants’ acquittal.

They are hereby accused of having committed the criminal offenses of "Obstructing testimony or official procedure" and "Intimidation during criminal proceedings" in co-perpetration, in violation of Article 394, points 1.7 and 5 in conjunction with Article 31, as well as Article 395 in conjunction with Article 31 of the Criminal Code, punishable by imprisonment of 3 to 5 years, as well as 2 to 10 years.

Whereas, in Count 17 of the indictment, Sami Lushtaku, Ismet Haxha, Skender Tahiri, Sheremet Jashari and Bajram Dibrani are charged with having, in the period between June 2013 and September 2015, acting according to a plan agreed upon between them, forced witness “F” to give a false statement in the main trial in case P.938/13, initially by threatening the witness and then by giving him money in the amount of at least 109 thousand euros in exchange for denying the statement given in the preliminary proceedings, in which he had provided strong incriminating evidence against Sami Lushtaku and Ismet Haxha, and as a result of his false statements at trial, obstructed the criminal proceedings and led to the acquittal of the defendants.

They are hereby accused of having committed the criminal offenses of "Obstructing testimony or official procedure" and "Intimidation during criminal proceedings" in co-perpetration, in violation of Article 394, points 1.7 and 5 in conjunction with Article 31, as well as Article 395 in conjunction with Article 31 of the Criminal Code, punishable by imprisonment of 3 to 5 years, as well as 2 to 10 years.

Whereas, count 18 charges Sami Lushtaku, Ismet Haxha, Rrustem Rukolli, Rexhep Xhota, Fatmir Mjaku, Skender Tahiri, Sheremet Jashari and Bajram Dibrani, that since at least June 2013, acting according to a jointly agreed plan, under the guidance and direction of Lushtaku and Haxha, they decided to create a group of at least eight people, whose main activity was to prevent the prosecution of witnesses in case P.938/13, where incriminating statements were given against Lushtaku and Haxha during the investigation phase, to testify in the proper manner, where they forced others to change their incriminating statements in the main hearing to enable the release of Sami Lushtaku and Ismet Haxha from the charges and from detention.

With this, Sami Lushtaku and Ismet Haxha are accused of having committed the criminal offense of "Participation in an organized criminal group" in co-perpetration, in violation of Article 283, points 1 and 2, in conjunction with Article 31 of the Criminal Code, punishable by a fine of up to 500 thousand euros and imprisonment of at least 10 years.

Meanwhile, Rrustem Rukolli, Rexhep Xhota, Fatmir Mjaku, Skender Tahiri, Sheremet Jashari and Bahjram Dibrani are charged with having committed the criminal offense of "Participation in an organized criminal group" in co-perpetration, in violation of Article 283 in conjunction with Article 31 of the Criminal Code, punishable by a fine of up to 250 thousand euros and imprisonment of at least 7 years. /Oath of Justice/