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Corruption cases with social impact in the Western Balkans and Turkey

€53 million highway compensation case in Kosovo

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  • Kosovo

€53 million highway compensation case in Kosovo

Case Date(s)
02/2022
Case Updated
02/2025

Case Summary

Phase

1st instance procedure

Offence

  • Abuse of functions

Sector

  • Construction
  • Transportation and storage

Institution

  • Ministry of Infrastructure

Involved people

Allegedly involved people Pal Lekaj Minister of infrastructure; chairman of the interministerial committee
Pal Lekaj
Politically exposed
Yes
  • Abuse of functions
  • ​​Embezzlement, misappropriation or other diversion of property by a public official​
Allegedly involved people Eset Berisha Adviser to the minister of infrastructure
Eset Berisha
Politically exposed
No
  • Abuse of functions
Allegedly involved people Nebi Shatri Permanent secretary of the Ministry of Infrastructure
Nebi Shatri
Politically exposed
Yes
  • Abuse of functions
Allegedly involved people Besim Tahiri Director of procurement in the Ministry of Infrastructure
Besim Tahiri
Politically exposed
Yes
  • Abuse of functions

Delays in payments during the construction of the Pristina-Hani i Elezit highway cost the Kosovo budget €53 million with a single government decision in 2018. On 31 January 2023, the Pristina basic court passed a guilty verdict against the former minister of infrastructure Pal Lekaj and three other ministry officials, sentencing Lekaj to three years and eight months in prison and banning him from exercising public functions in public administration for three years and six months after he finishes his prison sentence. On 28 February 2025 the court of appeal returned the case for retrial.

In one of the biggest cases of alleged corruption to happen in Kosovo since the war and the declaration of independence, the government of Prime Minister Ramush Haradinaj decided to pay compensation to Bechtel Enka related to delays in payment during the construction of the Pristina-Hani i Elezit highway, also known as the Arbën Xhaferi highway.

Then prime minister Haradinaj had told deputies of the Assembly of Kosovo that the payment of €53 million was necessary because previous governments did not pay the funds to the company in question on time. After that, news also spread that the Ministry of Infrastructure did not consider the legal procedures in the allocation of these funds. After that, the prosecutor's office started the first investigative actions to clarify this case.

On 4 February 2022, the prosecutor's office filed an indictment against the former minister of infrastructure Pal Lekaj (now a member of the Assembly of Kosovo) and three other ministry officials for the criminal offence of abuse of position or official authority. According to the indictment, on 27 September 2017, Pal Lekaj, in the capacity of minister of the Ministry of Infrastructure and as chairman of the interministerial committee (KDNM) and Nebih Shatri, as secretary general in the Ministry of Infrastructure, in cooperation and intentionally with the defendant Besim Tahiri, director of public procurement in the Ministry of Infrastructure, using their official duty and authority, exceeded their powers and did not fulfil official duties, causing damage to the budget of the Republic of Kosovo for the benefit of another person.

According to the indictment, the Law on Public Procurement 04/L-042, the statute and the code of conduct of KDNM and the terms of the contract of 1 July 2014 were violated by the agreement signed between Ministry of Infrastructure and the joint enterprise Bechtel & Enka as a contractor. This agreement foresaw postponement of the deadline for completion of the works for another 347 days and that from 18 January 2018, as defined in the basic contract, until 31 December 2018, without determining the financial cost.

This action, according to the prosecution, left open the possibility for Bechtel & Enka to submit to the Ministry of Infrastructure, on 27 November 2017, the request for the payment of an additional amount of €63 million, for extending the deadline for the completion of the works. This request later decreased to €53.1 million.

On 4 May 2022, the initial hearing was held where Lekaj and the others pleaded not guilty.

The trial for this case began one year later, on 3 February 2023, when the accused appeared in court and denied their guilt again.

On 31 January 2023, the Pristina basic court passed a guilty verdict against former minister of infrastructure and three other ministry officials, sentencing Pal Lekaj to three years and eight months in prison and banning him from exercising public functions in public administration for three years and six months after he finishes his prison sentence. Eset Berisha was sentenced to three years and three months’ imprisonment and banned from holding public functions for three years after finishing his prison sentence. Nebih Shatri and Besim Tahiri were sentenced to one year and eight months imprisonment each and banned from holding public positions for two years after their prison sentences end.

On 28 February 2025, the court of appeal returned the case for retrial.

Further details

JURISDICTION/COURT

Basic court in Pristina – special department

LAWS (ALLEGEDLY) BREACHED

Criminal Code of Kosova, article 414

UNCOVERING METHOD

Civil society

PROSECUTOR

Atdhe Demaj

JUDGE

Violeta Namani (a presiding trial judge) Vesel Ismajli and Musa Konxheli - two professional judges

DEFENCE COUNSEL

Musa Damati

Afrim Salihu

Florent Latifaj

SOCIAL HARM ON SDGs

9 Industry, innovation and infrastructure

This case includes four public officials, including the minister of infrastructure, who allegedly signed a harmful agreement with the Bechtel & Enka company, to postpone the deadline for the completion of the works for 347 days, but without determining the financial cost of this postponement. As a result of these actions, the company was deliberately provided with the possibility to demand an extra €63 million, which was subsequently reduced to €53 million.

Disclaimer

Every effort has been made to verify the accuracy of the information contained in this database. All information is believed to be correct as of 02/2025. Nevertheless, Transparency International cannot accept responsibility for the consequences of its use for other purposes or in other contexts.

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