Prishtinë, 04 October 2012
An unprecedented fight against corruption was initiated since 2009 by the largest mission of the European Union on the Rule of Law (EULEX). Kosovars have witnessed dramatic TV scenes, resembling “FBI” action flicks. This war, as we speak, has largely remained a campaign, while there are only peripheral cases with which the mission dealt. However, no case of high levels of power was ever judged.
Currently, EULEX is focused on building one successful case of ex-minister of Transport, Fatmir Limaj, since he was forced to resign from government posts quite early. Thus, the practice of impunity of high-level officials, started by UNMIK, continues in Kosovo to this day.
EULEX’s fight of corruption has been divided in to parts. Initially, EULEX was extremely focused in creating a strong impression that it would act against corruption by arresting the suspected persons through spectacular actions broadcast in the media. As of late, this mission has stopped using this method, and instead, has focused on public relations through advertising its work in the media as regards its achievements in the fight against corruption.
EULEX has treated and is treating with exclusiveness some cases of high profile corruption, for which most of the accused were either announced not guilty or were served a probation sentence.
“Preportr”, has analyzed information on some of the reviewed cases, some of which have taken a final form. From the data obtained from the EULEX website, it is clear that this mission has exculpated nine cases of high-profile corruption, in nine other cases the accused were sentenced on probation, in six cases the accused were sentenced to prison ranging from one to five years, one case has been sent back for retrial, while three cases are being tried.
EULEX is investigating some cases, for which it does not want to speak about. But concerning cases which have been made public, investigation is taking place only concerning two cases, while concerning another case, the investigation has been terminated and two indictments have been filed.
“EULEX has done nothing in fighting high-profile corruption?” is the motto of a EULEX campaign in kosovar televisions. This campaign provides information that 60 cases are under investigation, 8 cases are being tried, 33 sentences have been issued regarding 55 accused persons, and 37 persons have been declared guilty.
But as regards two of the biggest cases which the EU mission has dealt with, namely the one regarding the ex-Minister of Transport and Telecommunication and the one regarding ex-governor Hashim Rexhepi, initially the accusations were very harsh, only to be reduced in a few, and finally, in the case of Hashim Rexhepi, the accused was declared innocent.
The biggest case that EULEX dealt with was the case of the Ministry of Transport and Telecommunication, and its Minister Fatmir Limaj. This ministry, as well as Limaj’s house, was raided on April of 2010. Initially, Limaj was investigated for the embezzlement of 80 million euros. The investigation of two years did not yield any results.
Ex-governor Hashim Rexhepi was suspected of being a shareholder in a company which benefited through contracts with the Central Bank. Ex- prosecutor Nazmi Mustafi claimed that Rexhepi had an apartment in the Albanian coast side, and had acquired it as a bribe by the insurance company “Dardania”. Furthermore, before filing the charges, the prosecutor had accused Rexhepi for abusing the authority as “president” of the Football Club Prishtina at Bank for Business for sponsoring this club.
But these claims by Mustafi did not appear in the charge filed against Rexhepi. The charge did not mention that Rexhepi had an apartment, nor that he was a shareholder which benefited from BQK. In the session confirming the verdict, it was also explained that Rexhepi was not president of Football Club “Prishtina”, but a board member of the Basketball Club “Prishtina”.
Rexhepi was accused by Nazmi Mustafi, a member of the bosniak community elected as chief of Anticorruption Taskforce by the Prime minister of Kosovo, and after having failed with the case, was arrested on charges of corruption. In the beginning of investigation of Fatmir Limaj, EULEX suspected that the ex-Minister of Transport and Telecommunications had embezzled 80 million euros, money from the budget of Kosovo. This claim of EULEX prosecution, mentioned two years before did not result with a verdict against Limaj. As regards this case, the time foreseen by the Code of Penal Procedure had expired, although a EULEX prosecutor had interviewed Limaj regarding these suspicions outside of the deadline.
EULEX has made other mistakes as well. In the case of the purchase of vehicles by the Presidency of Kosovo, EULEX had sentenced Blerim Svirca in the quality of official person. The second level had dismissed the sentence of the first level and exculpated the accused due to legal reasons. The accused was not a civil servant.
The big fishes are exculpated
The biggest case that EULEX dealt with was the case of the Ministry of Transport and Telecommunication, and its Minister Fatmir Limaj. This ministry, as well as Limaj’s house, was raided on April of 2010. Initially, Limaj was investigated for the embezzlement of 80 million euros. The investigation of two years did not yield any results. The investigation against the deputy of PDK, Fatmir Limaj ended on April of this year, but in the beginning of this month, EULEX called him again for questioning. EULEX has extended the investigation against Demir Limaj and Endrit Shala, which are related to ex-minister of Transport, Fatmir Limaj, and has decided on launching investigation against Florim Limaj.
EULEX has also touched upon the Customs and Prishtina Airport. However, in both cases, the accused were exculpated. Ex-director of Prishtina Airport, Afrim Aziri, and an official of ANP, Vlora Ferizi had been declared not guilty since there was no sufficient evidence that they had acted on purpose of illegal material gain for another person, on purpose of having abused his official duty and that he had exceeded the limits of his authorization. Aziri was arrested in his office very quickly after the statement of Prime Minister Thaçi in 2008 that there would be zero tolerance against corruption. Without a public vacancy notice, he was replaced by Agron Mustafa, a person very close to PDK.
Also, Naim Huruglica, director of Kosovo Customs, and Lulzim Rafuna, director of Legal office were both declared not guilty.
The only high profile case sentenced to three years of prison is the one regarding the ex-director of PTK, Leme Xhema. After having “distributed” the money of PTK in fictional projects, and after the Supreme Court confirmed the sentence of the first level, she disappeared without a trace. Currently, even Interpol is after her.
Ex-governor of the Central Bank of Kosovo, Hashim Rexhepi was arrested spectacularly in his office, followed by TV cameras, under harsh charges by Nazmi Mustafi, ex-head of Anticorruption Taskforce in the Special Prosecution of Kosovo, who himself was later arrested on suspicions of corruption. But the verdict filed by this prosecutor did not convince the judge of the preliminary procedure in the District Court of Prishtina, who dismissed it (the verdict) due to lack of evidence. A few months later, Mustafi himself was arrested by EULEX. He was denounced by Pashk Mirashi, ex-liquidator of ex-Credit Bank of Prishtina. According to the indictment initiated by Pashk Mirashi, Mustafi had asked from the former to cooperate in the case against Hashim Rexhepi, but when Mirashi refused to do so, he was informed by Mustafi that he also was under investigation. He had asked Mirashi 50 thousand euros as a price for this investigation. He had taken 20 thousand. Since he could not acquire the rest, Mustafi had issued an arrest order for Mirashi, who received a detention sentence of one month.
Mustafi had backed down only when Mirashi had consented to giving more money in order to remove the measure of house arrest. Mirashi had become aware that there was no basis for investigation against him, and had therefore initiated a verdict against Mustafi. The latter is in detention for a few months now. EULEX’s judge of preliminary procedure has confirmed the charges against him not long ago.
Mustafi’s cases
Super-Prosecutor Mustafi, unlike other prosecutors was quite close with journalists. He did not hesitate to display the results to journalists, even in court halls, claiming his work to be very fruitful in the fight against corruption. But the epilogue of all the cases under Mustafi has shown something quite different.
Apart from having failed in the case against the governor of the Central Bank, Mustafi has failed in another big case, namely on the “Haradinaj Fund” case. According to the charges filed by Mustafi, hundreds of thousands of euros were deposited in this fund in an illegal manner. Regarding this case, the court had found guilty only Jahja Lluka and had freed Milazim Abazi, ex-director of Kasabank, as well the ex-director of the branch of this bank for Prishtina, Hashim Sejdiu. Lluka was sentenced on probation and a 10 thousand euro fine.
Together with one German EULEX prosecutor, Mustafi has filed chargest also for the people involved in the bankruptcy of Prishtina Credit Bank. Concerning this case, sentenced were Zeqir Shamolli, Mehmet Nuredini, Hysen Sadiku, Bedri Humolli, Mazar Kazagiqi, Orhan Ismajli, Besim Hasani and Halil Gjergjizi, who were all Board members and management of Prishtina Credit Bank. They were sentenced to 26 years and 6 months of prison. Almost in all of the cases, the sentence was probation.
Justice cannot “catch her”
The only high profile case sentenced to three years of prison is the one regarding the ex-director of PTK, Leme Xhema. After having “distributed” the money of PTK in fictional projects, and after the Supreme Court confirmed the sentence of the first level, she disappeared without a trace. Currently, even Interpol is after her.
Not only Xhema was sentenced concerning this money. Alongside her, also a citizen of Norway had abused with the money of PTK, namely the ex-manager of the company Norway Invest, Ove Johanson. He was sentenced to two probation years, and was ordered to pay 300 thousand euro fine for the damage caused to Post and Telekom of Kosovo.
Having come back from England to take up the position of head of one of the most profitable enterprises in Kosovo cost Shyqri Haxha with a lawsuit. He is being charged concerning the agreement on the Virtual Mobile Operator Network (ORRMV) reached between PTK and Dardafon Sh.p.k and later on the transfer of the license for Dardafon Sh.p.k in 2008 and 2009. Together with them, also Rexhe Gjonbalaj is being charged, Ismet Bojku as legal representative of Dardafon, Blerim Devolli and Shkelqim Devolli, the two owners of private companies which belong to “Devolli Group”.
PTK has also been mentioned in the case of Prishtina Credit Bank, since the bankruptcy of this bank cost PTK 16 million euros, from which only 3 million have been paid back so far.
Another case broadcast live on TV cameras was the one involving Ilir Tolaj, ex-permanent secretary of the Ministry of Health. He was taken out handcuffed. This pushed him to hold even the journalists accountable. He also dragged along with him his ex-chief, Bujar Bukoshi and nine other officials of the Ministry of Health.
Apart from having abused the official position, the indictment also charges Tolaj with another criminal charge, of abuse during exercise of official duties. That Tolaj was not insignificant in the Ministry of Health is shown by the fact that even from prison, he used his authority in specific persons in the Ministry of Health in order to hamper the investigation. A visit by ex-deputy Minister of Finance, Astrit Haraqija to Tolaj in prison was arranged by the current minister and deputy Prime minister, Hajredin Kuçi. Haraqija himself was sentenced by the Hague Tribunal in relation to influencing witnesses in the case of Haradinaj. Kuçi responded to journalists saying that he had made a phone call for this visit, but that he had requested that it be done within the legal framework. And the legal framework in no case includes phone calls by the Minister of Justice in obtaining visits to the accused for corruption. There are specific authorities in charge of this.
Observing these cases slipping through the fingers of justice, makes another case look totally paradoxical. Former Speaker of Parliament, Nexhat Daci was sentenced for having purchased eye spectacles and fixing of teeth with taxpayer money. This had happened a while ago, but his trial had been set for him just a little before the launching of the electoral campaign for national elections of 2010. Daci had not hesitated to call this a process politically motivated, but this did not help him much. He was sentenced to one year and six months of probation sentence.
EULEX has also targeted the Ministry of Return and Communities in its fight against corruption. Two ex-ministers from this ministry are being tried.
In the District Court of Prishtina, EULEX is carrying out the trial against ex-minister Sllavisha Petkoviq and 10 others. They are accused of having embezzled at least 1.1 million euros from the budget of Kosovo between January 1st and December 31st of 2006.
This indictment charges Petkovic of having built a house at 95 thousand euros with taxpayer money, where he still lives. He is also suspected of having renovated a restaurant called “Tropikana” in Çagllavica, also with taxpayer money.
The Prosecution has terminated the investigation in another case related to the Ministry of Return and Communities. Zana Kotorri, former permanent secretary of this ministry was being investigated for embezzlement.
Fines for vehicles of high public officials
In three separate cases, persons were charged of having purchased vehicles and spare wheels for high public officials, which were never brought to Kosovo. Despite the court having concluded that people involved in these cases had committed such acts, the sentences were probation time, or the accused were exculpated.
Shefka Shasivari was found guilty and sentenced to one year of probation sentence for abuse of official authority. Shasivari was sentenced because in 2005, as owner of a company, she had violated the procurement law in purchasing an armored vehicle for the Speaker of the Parliament, who at that time was Nexhat Daci. Together with Shasivari, Jusuf Nikçi was sentenced to three probation years and Ahmet Alishani to two probation years.
Shefka Shasivari was sentenced concerning another case. In the case of purchase of spare wheels for the vehicles of the presidency in 2004, assisted by Suzana Bahtijari and Riza Kuka, she had committed the crime of abuse of public office and was sentenced to two probation years. Suzana Bahtijari was sentenced to four probation months, and Riza Kuka was sentenced to six probation months.
Regarding the purchase of armored vehicles for the presidency of Kosovo, which never reached Kosovo, the District Court of Prishtina had found Mujë Ukaj, Nexhat Shatri and Blerim Svirca guilty. However, the Supreme Court of Kosovo dismissed this charge, declaring the three accused innocent. The body of the Supreme Court approved the appeals of the accused and modified the charge of the District Court of Prishtina, declaring the accused innocent due to legal reasons.
Many charges against judges and municipal officials – few sentences
In its last campaign launched several weeks ago, EULEX, among persons sentenced for crimes, has also mentioned police officers, judges and municipal officials. In 2010 and 2011, a series of trials took place against judges, especially from District Court and the municipal court of Prishtina. Regarding most of the cases which “Preportr” has analyzed from EULEX website, these persons who were accused for abuse of public duty, taking of bribes and issuing illegal court decisions have either been sentenced to probation or been declared innocent.
Shemsije Sheholli, former judge in the Municipal Court of Prishtina, Zahide Gjonaj, Selman Bogiqi, Ekrem Agushi from the District Court of Prishtina have been declared innocent. Myrvete Berisha, legal assistant in the District Court of Prishtina was sentenced on probation, and Xhevat Dança, former District prosecutor of Prishtina was also sentenced on probation.
Sentences of imprisonment were issued to former judge of the Prishtina District Court, Elez Hoxha, former judge of Klina Municipal Court, Kolë Puka. The former was sentenced to four years of prison and 10 thousand euro fine, whereas the latter to 5 years of prison.
The biggest case against judges is the one against ex-head of the Prishtina Municipal Court, Nuhi Uka, together with ex-judges of this court, Olga Janiçijeviq, Sanije Muqolli, Shemsije Sheholli and Jehomir Milaliq, former judges of District Court Ekrem Agushi, Ferid Bislimi and Rrahman Retkoceri, the jurist of the former social enterprise “Kosova Export” in Fushë Kosova, Hasnije Balidemaj, as well as lawyer Gazmend Gashi from Prishtina, son-in-law of Nuhi Uka who are suspected of being involved in 15 civil cases related to property verdicts against the Social Enterprise, which were under the jurisdiction of the Special Chamber of the Supreme Court of Kosovo.
Police officers have been investigated or sentenced less than judges. “Preportr” has found two cases in EULEX website, one involving Abedin Muzliaj, former investigator in the Peja police station who was sentenced to 1.6 years of prison, and the case of three other police officers, Bedri Januzi, Mustaf Gashi and Shkelzen Zogiani, a case returned for retrial.
What is known from the municipality is that charges have been filed against former mayor of Kamenica, Begzad Sinani, and investigation is currently taking place against mayor of Prizren, Ramadan Muja. Under suspicions of corruption, EULEX has recently arrested the president of Prishtina Assembly, Sami Hamiti who is being held in detention.
Spectacular arrests – little results
EULEX’s work in the fight against corruption has not quite convinced the civil society. EULEX was not very welcome in Kosovo by citizens in 2009, having come with an unclear legal basis. Several massive demonstrations were organized in end of November and beginning of December of that year, contesting the manner by which EULEX was establishing itself in Kosovo. In order to win the public opinion, EULEX together with Prime Minister Hashim Thaçi had promised that the primary objectives of this mission would be the fight against corruption and organized crime, as well as the introduction of the rule of law in the northern part of Kosovo. It appears that the first objective was not achieved, not to speak of the second one, which hasn’t even been tackled.
Betim Musliu from Kosovo Institute for Justice has said for Preportr that, based on official information, it results that EULEX has achieved minimal results in the fight against corruption and organized crime in Kosovo. “The expectations of the citizens of Kosovo from this mission were very high, but the results so far show minimal achievements and continuous failures”, said Musliu. According to him, all these results prove that prosecutors of EULEX have continuously proved to be unprofessional and unprepared in carrying out their duties. “In attempting to justify the continuous failures and under public pressure, EULEX has carried out spectacular arrests of some high public and political persons, but which ultimately proved to be a total failure”, said Musliu.
“Preportr”, has analyzed information on some of the reviewed cases, some of which have taken a final form. From the data obtained from the EULEX website, it is clear that this mission has exculpated nine cases of high-profile corruption, in nine other cases the accused were sentenced on probation, in six cases the accused were sentenced to prison ranging from one to five years, one case has been sent back for retrial, while three cases are being tried.
EULEX is investigating some cases, for which it does not want to speak about. But concerning cases which have been made public, investigation is taking place only concerning two cases, while concerning another case, the investigation has been terminated and two indictments have been filed.
Furthermore, the launching of the campaign of EULEX, aiming to promote its work against corruption, Musliu thinks only strengthens the conviction that this mission has not done the duty for which it was invited in Kosovo.
“This advertising is a failure in order to cover up the failures of the work of EULEX, similar to failures in the past, involving spectacular public arrests”, said he.
The Peoples’ Lawyer is concerned as regards another completely different aspect of EULEX’s war against corruption. This institution has reacted as to the manner by which people suspected of corruption were arrested, making media spectacles out of them.
“In electronic and press media, there were broadcast moments of arrests, pictures of police operations, showing the arrested persons with uncovered faces, handcuffed and in the escort of police. This manner of arresting individuals (from their work place, home etc) and such display in the media is a public lynching before even justice has said its own word”, said Majlinda Lulaj, spokesperson of the Peoples’ Lawyer.
She said that this damages the accused persons, who legally are not guilty yet, until a court gives its own final verdict regarding this.