The appeal confirms the indictment against Minister Sveçla and three MPs for throwing tear gas in the Parliament

Pristina - The Court of Appeal has confirmed the decision of the Basic Court of Pristina, which had confirmed the indictment of the Basic Prosecution in Pristina against the Minister of Internal Affairs, Xhelal Sveçla, two deputies of Vetëvendosje, Salih Zyba and Fitore Pacolli-Dalipi, as well as the deputy of Democratic League of Kosovo (LDK), Drita Millaku, who are accused of throwing tear gas in the Assembly of Kosovo in March 2018.

"The complaints of the defenders of the defendants Xh.S, lawyer Laur Prenaj, FP, lawyer Lavdrim Salihu, DM, lawyer Labinot Buzuku and SZ, lawyer Laura Pnishi, are rejected as unfounded, while the ruling of the Basic Court in Pristina, General Department, ... , dated 06.06.2024, is verified", it is stated in the Appeal decision, compiled on December 13, 2024, reports "Oath of Justice".

Against the decision of the Foundation, the defenders of the aforementioned accused filed an appeal.

The defender of Sveçla, lawyer Prenaj, has proposed to the Court of Appeal that the appeal be approved and the charges dismissed, on the grounds that the offense for which Sveçla is accused does not constitute a criminal offense and there is not enough evidence to support the well-founded reasoning.

Also, the defender of the accused Pacolli-Dalipi, Salihu's lawyer, has proposed to the Appeal that his complaint be approved and the indictment be dismissed against his client, on the grounds that it is not based on the law and the evidence.

Even Millak's defender, lawyer Buzuku, has proposed that the complaint be approved and the indictment dismissed as unfounded.

And at the very end, Zyba's defender, lawyer Pnishi, has proposed to the Appeal to approve the appeal and cancel the decision of the Basic Court in Pristina.

On these claims of the lawyers, the Prosecutor's Office of Appeal submitted a submission through which it proposed to the Court of Appeal that all the complaints of the lawyers be rejected while the decision of the Basic Court in Pristina is confirmed.

However, according to the Appeal, the decision of the Foundation through which the indictment of the Prosecution was confirmed is clear and concrete.

According to the Appeal, at this stage of the procedure, the indictment filed contains all the elements required by law and that there is no room for dismissal of the indictment, and the criminal responsibility of the accused is not excluded.

Also, in the decision, it is stated that there are no other circumstances that prevent criminal prosecution and that there is well-founded evidence that the accused have committed the criminal offense for which they are being accused.

"...there is no place for the indictment to be dismissed, because the criminal offense for which the defendants are being accused is a criminal offense, there are no circumstances that exclude criminal responsibility, the statute of limitations has not reached, there are no other circumstances that prevent criminal prosecution and sufficient evidence for a well-founded suspicion that the defendants have committed the criminal offense for which they are accused...", the Appeal decision states.

The claims of the defendants' defense that there is insufficient evidence to support well-founded suspicion, according to the Appeal, do not stand as these claims will be evaluated and proven during the judicial review.

Also, regarding the claims that the material evidence found in the indictment has no connection with the actions of the accused, according to the Appeal, they will not be examined at this stage, since at this stage only the legality of the evidence and the indictment is examined.

After the confirmation of the indictment, the Basic Court in Pristina is expected to schedule the judicial review session.

Otherwise, in the initial session held on March 26, 2024, Minister Sveçla and the three MPs Millaku, Zyba and Pacolli-Dalipi had pleaded not guilty to throwing tear gas in the Assembly.

Minister Sveçla and the three MPs Millaku, Zyba and Pacolli-Dalipi were also accused of the criminal offense of "Obstructing an official in the performance of official duties", but for this offense in the initial session, the judge of the case, Sabit Sadikaj, announced that the absolute statute of limitations had reached criminal prosecution.

"Oath for Justice", in October 2021, had exclusively reported on the indictment brought against Minister Sveçla and MPs Millaku, Zyba and Pacolli-Dalipi.

According to the indictment provided by the "Oath of Justice", which turns out to have been filed on July 29, 2019, Sveçla, Millaku, Zyba and Pacolli-Dalipi are being accused that on March 21, 2018, around 12:10 to 15:40 p.m.: XNUMX, lit several tear gas canisters, which they had thrown inside the hall of the Assembly of Kosovo, where the plenary session was being held.

It says that as a result of this, all the deputies were forced to vacate the Assembly hall, which made it impossible for the session to continue.

With this, each one is separately accused of having committed the criminal offense of "Using a dangerous weapon or tool" from article 375, paragraph 1 of the Criminal Code, the perpetrator of which is punished with imprisonment of one to eight years.

Whereas, according to the second provision, it is said that each of them separately committed the criminal offense "Obstructing an official in the performance of official duties" from Article 409, paragraph 1 of the Criminal Code, after having obstructed the members of the Assembly of Kosovo in the performance of their duties official. The perpetrator of this offense is punished with imprisonment from three months to three years. /Oath of Justice/