The conflict between the prosecution and Kosovo Police

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On May 19, 2013, Justice in Kosovo discussed the conflict between the Police of Kosovo and the Prosecution. In the end, Justice in Kosovo broadcasts the report about how the disciplinary commission in the Kosovo Lawyers’ Chamber operates.

A truck of Devolli Company filled with six tonnes of coffee was confiscated for two weeks by the police of Kosovo. This truck was suspected for smuggled coffee in the Serbian market by using an alternative road to pass the border line to Serbia. Initially the police stopped the truck in Dumorovc village and they asked the driver for where they were headed to. The truck drivers said that they were sending the coffee to the company Albina NPT. Therefore, according to the charge, the police ordered the truck driver to go back.

Moreover, the police continued to monitor the truck and they saw that half an hour later the truck was again on the same road, very near to the Kosovo-Serbia border. The police found out that they were 3 or 4 kilometres far from the destination that they were headed to, so they decided to confiscate the coffee and raised charges against the owners of the company Albina NPT.

The company that was going to buy the coffee, Albina NPT located in Domorovc, claims that the coffee that they were buying from Devolli Company was going to be sold in the region of Gjilan and Kamenica. According to the Police of Kosovo the value of coffee was 15 thousand Euros.

The evidence offered by the companies has been more convincing to the prosecutor Ismet Ukshini compared to the charges raised by the Kosovo Police. On the March 22, the prosecutor decided to reject the police charges declaring that in this case no law infringement was committed no border was passed. Based on this decision, the prosecutor Ukshini asked the judge to return to the company the confiscated coffee.

However, the decision of the prosecutor Ukshini and the decision of the court did not satisfy the Police of Kosovo. Therefore, Kosovo Police filed a complaint to the Appeals Court claiming that the charges were pressed because there was a suspicion based on evidence that goods were being smuggled.

Baki Kelani, Kosovo police spokesperson, said that the police stopped the truck at the last point of the territory of the Republic of Kosovo.

According to Zyhdi Haziri, a judge in the Basic Court of Gjilan, this is the first time that the Police of Kosovo complains for a verdict. However, the Basic Court of Gjilan has still not passed the case to the Appeal Court in Prishtina. Haziri said, “Based on the prosecutor’s decision, the owners of the company were found innocent and the case was closed”.

Another case tackled by Justice in Kosovo was the Transfer of the police officer Naim Rexha from the police station of Ferizaj to Kacanik. The court of Ferizaj is examining the claim/lawsuit of the police sergeant Naim Rexha, who claimed that he was unfairly transferred from his workplace to another one. He also claimed that two days prior to his transfer he had complained for some irregularities in the command chain of the Police of Kosovo.

Justice in Kosovo also prepared a report about how the disciplinary commission in the Kosovo Lawyers’ Chamber operates.

If a lawyer does not perform his duty according to the law, then there can be consequences. According to the law, the parties that are not satisfied with the lawyer’s performance can complain the Kosovo Lawyers’ Chamber. If lawyers violate the law while representing parties’ interest then the Kosovo Lawyers’ Chamber can exclude them from their duty. The law violations by the lawyer’s side are sanctioned according to the Statute of the Kosovo Lawyers’ Chamber.