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Driton Gashi case: Ex-intelligence chief faces prison sentence over controversial deportation

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  • Kosovo

Driton Gashi case: Ex-intelligence chief faces prison sentence over controversial deportation

Case Date(s)
02/2021
Case Updated
12/2024

Case Summary

Phase

2nd instance procedure

Offence

  • Abuse of functions
  • Obstruction of justice

Sector

  • Administrative and support service activities

Institution

  • Kosovo Intelligence Agency (KIA)
  • Kosovo Police

Involved people

Allegedly involved people Driton Gashi Former director of the Kosovo Intelligence Agency
Driton Gashi
Politically exposed
Yes
  • Abuse of functions
Allegedly involved people Valon Krasniqi Official of the Ministry of Internal Affairs
Valon Krasniqi
Politically exposed
Yes
  • Abuse of functions
Allegedly involved people Rrahman Sylejmani Official of the Ministry of Internal Affairs
Rrahman Sylejmani
Politically exposed
Yes
  • Abuse of functions

In February 2021, Kosovo’s special prosecution accused Driton Gashi, the former head of the Kosovo Intelligence Agency (KIA), of abuse of official position or authority in relation to the controversial deportation in March 2018 of six Turkish nationals, allegedly tied to then Gulen movement. The basic court of Pristina sentenced Gashi to four years and eight months in prison in July 2023, but this verdict was overturned by the court of appeal in December 2024, which ordered a retrial.

In February 2021, Kosovo’s special prosecution accused Driton Gashi, the former head of the Kosovo Intelligence Agency (KIA), of abuse of official position or authority in relation to the controversial deportation in March 2018 of six Turkish nationals, allegedly tied with the Gulen movement. The basic court of Pristina sentenced Gashi to four years and eight months in prison in July 2023.

As well as Driton Gashi, the indictment was filed against the former director of the Department of Citizenship and Migration at the Ministry of Internal Affairs, Valon Krasniqi, and the former director of the Directorate of Migration and Foreigners in the Border Police, Rrahman Sylejmani. According to the prosecution, Gashi and Krasniqi were accused of abuse of official position or authority, while Sylejmani faced accusations of illegal deprivation of liberty.

On 29 March 2018, the citizens of the Republic of Turkey, Cihan Ozkan, Yusuf Karabina, Kahraman Demirez, Hasan Hyseyn Demir and Mustafa Erden, who had a legal residence permit and the right to work in Kosovo, and Osman Karakoya, who had applied for a residence permit in Kosovo, were arrested with an aim to deport them from Kosovo and handed over to the Turkish authorities.

Driton Gashi was accused of abusing his official position and not fulfilling his official duties in a manner recommended by the Department for Citizenship, Asylum, and Migration of the Ministry of Internal Affairs for the revocation of residence permits of Turkish citizens, citing risks to national security, although the risk was not proven under official procedures.

According to the Kosovo’s special prosecution, Gashi failed to notify the president, prime minister and the chief state prosecutor about the initiated procedure for the deportation of six Turkish nationals, which was against the Law on the Kosovo Intelligence Agency. The prime minister at the time, Ramush Haradinaj, claimed that he was not notified about the operation. The prosecution also stated that Gashi went beyond his authority in arranging travel, transportation and participating in the deportation procedure.

Valon Krasniqi faced accusations that he misused his authority as an official of the Ministry of Internal Affairs and violated the rights of six Turkish nationals, who had the right to stay and work legally in Kosovo, causing them moral and material damage. Rrahman Sylejmani, the third defendant and an official at the Ministry of Internal Affairs, was accused of exceeding his authority by issuing six deportation orders for the Turkish nationals.

This case has drawn a lot of attention both domestically and internationally. Already in 2019, a Kosovo parliamentary commission investigated the deportation of the six Turkish nationals, allegedly connected with the Gulen movement, and found serious breaches of laws and procedures committed by KIA and Kosovo police, among other institutions involved. Earlier, Human Rights Watch criticised the move to arrest and extradite the six Turkish citizens to Turkish authorities. In July 2023, two years after the indictment was filed, the basic court of Prishtina announced its decision, sentencing the former director of KIA, Driton Gashi, to four years and eight months in prison. The court also banned Gashi from exercising any function in public administration for four years after serving the prison sentence. Valon Krasniqi and Rrahman Sylejmani were acquitted as the court could not prove the charges.

On 13 December 2024, the Kosovo court of appeal overturned the original conviction of Driton Gashi and ordered a retrial of the case.

Further details

JURISDICTION/COURT

Basic court in Prishtina, court of Appeal

LAWS (ALLEGEDLY) BREACHED

Criminal Code of Kosovo, Article 422, paragraph 1 of the Unlawful deprivation of liberty from Article 193, par. related to par. 3 of the criminal code of Kosovo;

Law on the Kosovo Intelligence Agency, Article 25.

FINAL SANCTION OR MEASURE

The court of appeal overturned the original conviction of Driton Gashi and ordered a retrial of the case.

UNCOVERING METHOD

Police and investigation of a Kosovo Parliamentary Commission

PROSECUTOR

Habibe Salihi

JUDGE

Violeta Namani

Suzana Cerkini

Musa Konxheli

DEFENCE COUNSEL

Forent Latifaj

Urim Vokshi

Ekrem Hoxha

Flakron Sylejmani

SOCIAL HARM ON SDGs

16 Peace, justice and strong institutions

10 Reduced Inequality

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 12/2024. Nevertheless, Transparency International cannot accept responsibility for the consequences of its use for other purposes or in other contexts.

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