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Corruption cases with social impact in the Western Balkans and Turkey

Kosovo judge and police officer convicted for trading in influence

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  • Kosovo

Kosovo judge and police officer convicted for trading in influence

Case Date(s)
03/2020
Case Updated
07/2022

Case Summary

Phase

3rd instance verdict

Offence

  • Trading in influence

Sector

  • Administrative and support service activities
  • Public administration and defense; compulsory social security

Involved people

Allegedly involved people Rafet Ismajli Former judge of the Basic Court of Mitrovica
Rafet Ismajli
Politically exposed
Yes
  • Trading in influence
Allegedly involved people Blerim Gashi Former police officer of Kosova police
Blerim Gashi
Politically exposed
No
  • Trading in influence

In March 2020, the Chief Prosecutor of the Special Prosecution of Kosovo filed an indictment against the former judge Rafet Ismajli and the former police officer Blerim Gashi, charging them with the crime of exercising influence. The Special Department of the Basic Court in Prishtina sentenced them to two and a half years in prison, monetary fines, and imposed a time limited ban on holding public office. Following appeals, the prison sentence was lowered in the retrial to two years.

In August 2019, a corruption scheme unravelled in Kosovo, leading to the conviction of a judge and a police officer. The case centred around an attempt to manipulate the justice system in exchange for bribes.

At the heart of the scandal was Rafet Ismaji, then a judge at the Basic Court in Mitrovica. In March 2020, the Chief Prosecutor of the Special Prosecution of Kosovo filed an indictment against Ismajli and the former police officer Blerim Gashi, charging them with the crime of exercising influence which falls under the criminal acts of corruption.

According to the indictment, which was filed at the Special Department of the Basic Court in Prishtina, in his capacity as a judge at the Basic Court in Mitrovica, Rafet Ismajli bribe in exchange for exerting undue influence on the decision-making official. In August 2019, during the car ride from Skenderaj to Prishtina he allegedly accepted €1,500 from F.Z. who had been sentenced of four years and ten months in July 2018. In return, he promised to use his influence on the President of the Court of Mitrovica to postpone the execution of the prison sentence.

The indictment also brought charges against the former police officer Blerim Gashi. In August 2019 he received €1,000 from F.Z. in his car, claiming he could influence the Supreme Court of Kosovo to entirely overturn the prison sentence of the Basic Court in Mitrovica.

On December 18, 2020, the Special Department of the Basic Court in Prishtina found both Ismajli and Gashi guilty of the criminal offense of "exercising influence". The court sentenced them to two and half years in prison, imposed €2,000 fine, and banned from holding public office for two years after serving the prison sentences. They were also obliged to return the money they received from F.Z.

Dissatisfied with this decision, judge Ismajli appealed the ruling, seeking to overturn the conviction, while the Special Prosecutor’s Office filed an appeal, requesting harsher sentences.

On April 22, 2021, the Court of Appeal ruled Ismajli’s favour, rejected the Special Prosecutor’s Office appeal, annulled the initial verdict, and ordered a retrial, citing procedural violations. In the second trial, held on February 11, 2022, both men were again found guilty, but this time they received a lighter sentence of 20 months in prison and a €1,000 fine for each. The two-year ban on exercising functions in public administration remained unchanged.

Determined to fight the decision, the defence counsel announced another appeal. However, on May 26, 2022, the Court of Appeal upheld the new sentence. The final attempt to overturn the conviction came on July 28, 2022, when Ismajli and Gashi filed a request for protection of legality to the Supreme Court, which was rejected.

This case serves as a warning about corruption in the judiciary and law enforcement. It highlights how individuals in position of power can exploit the system for personal gain - and how difficult it is to hold them accountable.

For Kosovo's citizens, the case demonstrates that anti-corruption efforts are working, but the judicial process remains lengthy and complex. While justice was ultimately served, the appeals and retrials show that powerful figures often use every legal loophole to delay or reduce their sentences.

Further details

JURISDICTION/COURT

Court Basic in Pristina- Special Department

LAWS (ALLEGEDLY) BREACHED

Criminal Code of Kosovo, Article 424, Paragraph 1, trading in influence

FINAL SANCTION OR MEASURE

20 months of imprisonment, a monetary fine of €1,000

UNCOVERING METHOD

Police

PROSECUTOR

Iliriana Çollaku-Tafa

JUDGE

Valbona Selimaj-Musliu, Valon Kurtaj and Musa Konxheli

DEFENCE COUNSEL

Naim Rudari, Ramë Gashi

SOCIAL HARM ON SDGs

10 Reduced Inequality

16 Peace, justice and strong institutions

The financial cost in this case amounts to €2,500 which were given as bribes to a judge and police officers in exchange for promised undue influence on decision makers to change their decision regarding a prison sentence. In a broader sense, this case undermines trust in public officials, especially because it involves a judge, who are expected to perform their duties with highest integrity.

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