09 September 2014
09 September 2014
The SPRK Prosecutor is wholly satisfied with the judgement issued by the Basic Court of Prizren (sitting in Pristina). The ten defendants were found guilty of committing offences relating to the issuing of unlawful judicial decisions and of assisting in the issuing of those same unlawful judicial decisions during the period of 2006-2007. This case relates to socially-owned land where the these judges of Pristina Municipal Court issued decisions with the intention that various high value parcels of land were conveyed to private claimants.
The prosecution successfully proved that O.J, S.M, S.S and T.M in their position as judges at the Municipal Court of Prishtinë/Pristina and R.R, E.A and F.B in their position of judges at the District Court in Prishtinë/Pristina, with the intent to obtain an unlawful material benefit for themselves, or another person, or to cause damage to another person issued unlawful decisions in 15 land cases regarding the Socially Owned Enterprise KBI Kosovo Export, thus committing the criminal offence of Issuing of Unlawful Judicial Decisions.
Furthermore, the prosecution proved that two of the defendants, H.B in her purported capacity as the legal representative of the Social Owned Enterprise and G.G as the legal of the representative of some of the claimants facilitated the commission of the crime by assisting the judges during the period of 2006-2007. At the material time, N.U. was the president of the Municipal Court in Prishtinë/Pristina, and had overall responsibility for the running of the Municipal Court. In addition, the defendant was also convicted of issuing an unjudicial decision in co perpetration. The judges continued to issue unlawful judicial decisions despite having no competence to do so as the only court with jurisdiction to rule on cases involving land claims against social owned enterprises was the Special Chamber of the Supreme Court of Kosovo.
All parties have the right to appeal.