Kosovo police investigators: alleged bribes to protect illegal gambling
- Kosovo
Kosovo police investigators: alleged bribes to protect illegal gambling
- Case Date(s)
- 02/2020
- Case Updated
- 01/2025
Case Summary
Phase
1st instance procedureOffence
- Abuse of functions
- Bribery of public officials
Sector
- Public administration and defense; compulsory social security
- Administrative and support service activities
Involved people
- Politically exposed
- No
- — Abuse of functions
- — Bribery of public officials
- Politically exposed
- No
- — Abuse of functions
- — Bribery of public officials
The case regards two Kosovo police investigators arrested in February 2020 on charges of accepting bribes to overlook illegal gambling activities. Despite their initial convictions and a combined 12-year prison sentence in 2022, the appellate court annulled the verdict and ordered a retrial, which is still ongoing. This case highlights the challenges Kosovo faces in curbing corruption and raises concerns about the integrity of its law enforcement institutions.
In February 2020, Kosovo police investigators Lavdim Osmani and Lutfi Menxhiqi from the directorate for the investigation of economic crimes and corruption were arrested on charges of accepting bribes to neglect to investigate illegal gambling activities. In February 2022, the basic court sentenced them to a combined 12 years in prison. However, the appellate court overturned the ruling and ordered a retrial, which remains ongoing.
On 5 February 2020, during an undercover police operation simulating a corruption scenario, Lavdim Osmani, an investigator at the directorate of economic crimes and corruption in Pristina, was apprehended by the Kosovo police inspectorate while accepting a €1,300 bribe. Later that evening, Lutfi Menxhiqi, also an investigator in the same directorate, was detained during a police raid. Both officers were suspected of accepting bribes to overlook illegal gambling activities. Subsequently, the basic court of Pristina imposed a 30-day detention order for the suspects.
On 30 June 2020, the basic prosecutor's office of Pristina filed an indictment against Lavdim Osmani and Lutfi Menxhiqi. The indictment alleged that, in their capacity as public officials, they abused their official duties and accepted bribes. Specifically, in early November 2019, they reached an agreement with D.H. to refrain from investigating illegal gambling operations in exchange for a bribe. On the same day, they accepted €1,500 from Driton Berisha, promising not to pursue investigations and agreeing to future cooperation.
The indictment further outlined that, following the initial meeting, the accused received multiple bribes to ensure non-interference in illegal gambling activities. On 26 November 2019, in Pristina, they accepted €3,000 from Driton Berisha, dividing it into two shares of €1,250 each, with €500 allocated to a colleague. On 9 January 2020, Lavdim Osmani reportedly accepted another €3,000 bribe from D.H. in Pristina. Subsequently, on 5 February 2020, Osmani accepted a €1,300 bribe from D.H. during a simulated corruption operation, where he was caught in the act and arrested by the Kosovo police inspectorate.
Additionally, the indictment accused Lutfi Menxhiqi of abusing his position on 4 December 2019 by providing D.H. with information about police inspections targeting illegal gambling activities. Finally, during a court-ordered house raid on 5 February 2020, conducted by the Kosovo police inspectorate, two unauthorised AK-47 rifles were found at Menxhiqi’s residence.
The two accused were charged with co-committing the criminal offences of "abuse of official position" and "accepting a bribe". Additionally, Lutfi Menxhiqi faced a separate charge for the criminal offence of "unlawful possession, control, or ownership of firearms".
The trial began in October 2020. The defendants pleaded not guilty, except for Menxhiqi, who admitted to the charge of unlawful possession of firearms.
On 14 February 2022, the basic court in Pristina convicted Lavdim Osmani and Lutfi Menxhiqi for accepting bribes in exchange for neglecting their official duties, specifically by not undertaking investigative actions. Osmani was sentenced to six years and six months in prison, while Menxhiqi received a prison sentence of five years and six months. Both also received a €4,000 fine.
On 5 April 2023, the court of appeals reviewed the complaints filed by the defendants and, on 3 May 2023, annulled the judgement of the basic court in Pristina and ordered a retrial of the criminal case. The annulment was based on procedural violations in the original judgement.
The retrial started in September 2023. Lutfi Menxhiqi and Lavdim Osmani pleaded again not guilty to the charges.
During his defence, Lavdim Osmani recounted the day of his arrest, claiming that Lutfi Menxhiqi had instructed him to accept money from D.H., allegedly for Menxhiqi's sick daughter. In a later court session, Osmani added that Menxhiqi, acting as his deputy director, had directed him to collect "something" from witnesses without clarifying it was a bribe. However, Menxhiqi denied these allegations, asserting that he was not Osmani’s superior and had not assigned him any tasks. Menxhiqi further argued that Osmani had arranged the meetings and denied any involvement in the illegal activities under investigation.
During the proceedings, witness Driton Berisha admitted to giving money to the former police officers but stated that he had done so at the request of Mentor Maqani. Berisha claimed he was unaware of the exact purpose of the payment, but believed it was related to gambling. He emphasised that his involvement was limited to acting as a courier in the transaction. Meanwhile, D.H., as a cooperating witness, testified that Berisha had arranged meetings with the accused investigators to secure protection for a fictitious online gambling operation. D.H. also detailed occasions when bribes were handed over to the investigators.
On 5 December 2024, the scheduled hearing was postponed to January 2025 due to the absence of the defendant, Lutfi Menxhiqi, who submitted a medical report explaining his non-appearance. On 30 January 2025, the trial continued, during which Menxhiqi maintained his innocence, stating that he never took the money.
The retrial of the case is currently underway, with court hearings in progress.
This case highlights significant shortcomings in Kosovo's justice system's efforts to counter corruption, as the trial of the two police investigators remains unresolved. Persistent delays, evidence mishandling and judicial inefficiencies have hindered progress, reflecting broader challenges in addressing corruption in Kosovo. Furthermore, public trust in the rule of law has been undermined, as allegations against law enforcement officials cast doubt over the integrity of those institutions that are supposed to uphold justice.
Further details
- JURISDICTION/COURT
Basic court in Pristina -department for serious crimes
Basic prosecutor's office in Pristina
Court of appeals of Kosovo
- LAWS (ALLEGEDLY) BREACHED
Criminal code of the Republic of Kosovo ("Unauthorised ownership, control or possession of weapons", Article 366; "Abuse of official position or authority", Article 414, paragraph 1; "Accepting bribes", Article 421, paragraph 2; and "Accepting bribes", Article 421, paragraph 2, in conjunction with, "Punishment of criminal offence in continuation", Article 77)
- FINAL SANCTION OR MEASURE
The case is currently under retrial and a verdict hasn’t been reached yet.
During the first trial, both suspects were convicted. Osmani was sentenced to 6 years and 6 months in prison, while Menxhiqi was sentenced to 5 years and 6 months in prison. Both also received a €4,000 fine. However, the initial verdict was annulled by the appellate court, which ordered the retrial.
- UNCOVERING METHOD
Police, investigative prosecutor
- PROSECUTOR
Prosecutors during the retrial:
Zef Prendrecaj
Fitore Sadikaj
Prosecutor during the first trial:
Radet Halimi
- JUDGE
Judging panel during the retrial: Judge
Sulltane Hoti, (president of the court) and judge members Kushtrim Shyti Alban Ajvazi and Avni Syla.
Judge during the first trial:
Judge Shpresa Hasaj – Hyseni
Judging panel of the court of appeals during the first trial:
Judge Xhevdet Abazi (chair) and judge members Afërdita Bytyqi and Hashim Collak.
- DEFENCE COUNSEL
Lawyer Skënder Musa (representing Lutfi Menxhiqi)
Lawyer Muhamet Mujaj (representing Lavdim Osmani)
SOCIAL HARM ON SDGs
16 Peace, justice and strong institutions
8 Decent work and economic growth
Between November 2019 and February 2020, the two suspects accepted bribes multiple times to a total of €8,800. The last bribe of €1,300 was received in February 2020, during a simulated corruption operation, where one of the suspects was caught in the act and arrested by the Kosovo police inspectorate. That bribe money was confiscated by the police on the spot.
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 01/2025. Nevertheless, Transparency International cannot accept responsibility for the consequences of its use for other purposes or in other contexts.
Additional Material
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Press release Link drejtesiasot.com/2024/04/03/mbahet-shqyrtimi-gjyqesor-ndaj-2-policeve-te-akuzuar-per-marrje-ryshfeti/Judicial review is held against 2 police officers accused of taking bribes
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Press release Link www.gazetaexpress.com/denohen-me-burgim-dhe-gjobe-dy-policet-hetues-qe-pranuan-ryshfet-ne-kafene-ne-prishtine/The two investigating policemen who accepted bribes in cafes in Prishtina are sentenced to imprisonment and a fine
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