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Sali Berisha case: Bribes for verdicts

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  • Kosovo

Sali Berisha case: Bribes for verdicts

Case Date(s)
09/2019
Case Updated
02/2024

Case Summary

Phase

2nd instance verdict

Offence

  • Bribery of public officials
  • Abuse of functions
  • Trading in influence

Sector

  • Other

Institution

  • Department for serious crimes in the basic court of Peja

Involved people

Allegedly involved people Sali Berisha Former judge in the department for serious crimes in the basic court of Peja
Sali Berisha
Politically exposed
Yes
  • Abuse function (including inaction) to obtain a private benefit
  • Trading in influence
  • Bribery of public officials

In February 2020, the special prosecutor's office in Kosovo filed an indictment against the former judge Sali Berisha accusing him of taking a €2,000 bribe and for possession of a weapon without a permit. While the basic court in Prishtina originally sentenced him to two and a half years in prison, a €5,000 fine and a ban on exercising public administration functions for three years in April 2023, the prison sentence and monetary fine were later reduced by the court of appeals to two years in prison and €3,500 fine.

According to the indictment, Berisha was accused that, while serving as a judge in the department for serious crimes in the basic court of Peja, he directly requested and accepted a bribe from the person with the initials F. Z. to act contrary to his official duty. The judge asked F. Z. for a bribe of around €2,000 in exchange for issuing a lower sentence to his F. Z.’s brother, who had a case to be tried in the court of Peja.

During the police raid on his house, the police found a weapon that Berisha had without the relevant permit. The judge, Sali Berisha, and his lawyer Besnik Berisha had described the accusations as fabricated throughout the judicial process, with an aim to denigrate the image and professional activity of the judge in question, while Berisha claimed that he was a victim of a well-organised trap.

On 28 April 2023, the basic court of Prishtina found Judge Berisha guilty, sentencing him to two and a half years in prison and issuing a €5,000 fine. The court also banned Berisha from exercising a public administration function for three years.

Both the Special prosecutor's office and the defence attorney were dissatisfied with the first instance verdict. The prosecution filed an appeal, asking for higher sentence, while Berisha’s defence attorney demanded that the entire judgement be declared invalid and that Judge Berisha be acquitted.

A year later, in February 2024, the court of appeal decided to change the decision of the first instance and reduce the sentence of imprisonment and fine previously issued to Judge Berisha by the basic court of Prishtina. The court of appeal reduced the prison sentence to two years and a fine of €3,500. The fine includes €3,000 for taking a bribe, and €500 for possessing weapon without a permit.

The initial arrest of Berisha was made following the report F. Z. made to the police and the special prosecutor’s office about bribe demands. While this case illustrates that even the judiciary, an institution expected to behave with the highest standards of integrity and impartiality, is vulnerable to corruption in Kosovo; it also shows that the proactive attitude of citizens can help in curbing corruption in the judiciary.

Further details

JURISDICTION/COURT

Basic Court of Pristina - Special Department

LAWS (ALLEGEDLY) BREACHED

Criminal code of the Republic of Kosovo (Accepting bribes, article 421)

FINAL SANCTION OR MEASURE

2 years in prison, a €3,500 fine, and a ban on exercising a function in public administration for 3 years

UNCOVERING METHOD

Police

PROSECUTOR

Iliriana Çollaku Tafa

JUDGE

Mentor Bajraktari

Kujtim Krasniqi

Lutfi Shala

DEFENCE COUNSEL

Besnik Berisha

SOCIAL HARM ON SDGs

16 Peace, justice and strong institutions

10 Reduced Inequality

This case can further erode public trust in the institutions, as it demonstrates that even institutions expected to have highest integrity and impartiality in their work are vulnerable to corruption. These practices damage the reputation of the justice system and send a message that the law does not apply equally to everyone. The reduction of the originally issued sentence also shows that, even after being caught, corrupt officials receive relatively mild penalties, further strengthening the perceptions of impunity to corruption.

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 02/2024. Nevertheless, Transparency International cannot accept responsibility for the consequences of its use for other purposes or in other contexts.

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