Malisheva school construction case: Former mayor acquitted of abuse of official position allegations
- Kosovo
Malisheva school construction case: Former mayor acquitted of abuse of official position allegations
- Case Date(s)
- 04/2021
- Case Updated
- 08/2022
Case Summary
Phase
2nd instance verdictOffence
- Abuse of functions
Sector
- Public administration and defense; compulsory social security
- Construction
- Education
Involved people
- Politically exposed
- Yes
- — Abuse of functions
In April 2021, former mayor of Malisheva Ragip Begaj was accused of abusing his official position by bypassing the municipal assembly and its approved budget in decisions regarding school infrastructure and the reallocation of public funds. After a trial in March 2022, the basic court convicted Begaj, sentencing him to six months in prison, later converted to a €5,000 fine. However, in July 2022, the court of appeals annulled the ruling and acquitted him of all charges.
In April 2021, the former mayor of Malisheva, Ragip Begaj was accused of abusing his official position. He allegedly exceeded his authority by bypassing the municipal assembly and its approved budget in decisions related to the construction of school infrastructure in the Malisheva area and the reallocation of public funds. In March 2022, the basic court sentenced him to six months in prison, later converted to a €5,000 fine. However, in July 2022, the court of appeals annulled the initial ruling in its entirety, acquitting Begaj of all charges.
On 7 April 2021, the special prosecutor's office of Kosovo filed an indictment against the mayor of Malisheva, Ragip Begaj, accusing him of deliberately exceeding his official authority. The charges claimed that, starting from 6 July 2018, Begaj's actions harmed both private landowner Rexhep Rudi and the budget of the municipality of Malisheva.
The indictment stated that on 7 November 2018, Ragip Begaj designated a site for the construction of a public school in the village of Panorc. Due to insufficient state-owned land to build the entire facility, private landowner Rexhep Rudi was asked to release about eight acres of his private property for the construction of part of the school. As part of this decision, the parties allegedly agreed that Rudi would be compensated through a land exchange with the municipality of Malisheva. Consequently, the school was partially built on private property. However, according to the prosecution, this action directly violated legal procedures and lacked the approval of the municipality of Malisheva. Meanwhile, on 4 May 2018, the municipal assembly of Malisheva approved a decision to build a sports hall at the Visar Krasniqi elementary school in the village of Drenoc. However, the decision was never implemented and the facility was never built.
Furthermore, Begaj was also charged with unlawfully reallocating financial resources in October 2018 from one programme to another, which could be considered as violating the Law on Local Self-Government. According to the indictment, he transferred funds from the capital investment budget to the goods and services budget without prior approval from the Ministry of Finance. These funds were then used to pay the municipality’s financial obligations to third parties without the required authorisation from the municipal assembly.
For these actions, Ragip Begaj was charged with abuse of official position or authority.
On 5 August 2021, during a preliminary hearing at the basic court in Pristina, Ragip Begaj pleaded not guilty, arguing that the indictment was unfounded. Following his plea, Begaj’s defence requested the dismissal of the charges. In September 2021, the basic court in Pristina confirmed the indictment, prompting the defence to appeal the decision to the court of appeals. The defence argued that the indictment contained significant procedural violations and misrepresented the facts, specifically claiming that the defendant's intent to commit the alleged offence was not proven. In December 2021, the court of appeals upheld the basic court's decision, confirming the indictment.
The trial began on 24 January 2022 with Begaj pleading not guilty. During the session, the defence completely rejected the prosecution’s indictment, arguing that it was contradictory and failed to clearly explain the defendant’s alleged incriminating actions. The defence also contended that the indictment did not specify the value of the damage allegedly suffered by the injured party. Additionally, they asserted that the indictment resembled a politically motivated charge and expressed confidence that the court would recognise that the defendant’s actions or inactions did not constitute a criminal offence. Instead, they argued, Begaj’s decisions ultimately benefited the school’s students as public funds were used solely in the public interest. Conversely, the prosecution argued that it would prove that the accused had committed the criminal offence.
In his closing statement, prosecutor Naim Abazi asserted that the evidence fully supported the factual situation, showing that all elements of the alleged criminal offence were present. He argued that the defendant's unlawful actions were evident in exceeding his authority and bypassing both the municipal assembly and its approved budget. In contrast, the defence reiterated that the evidence did not prove the criminal offence and that the claim of damage to municipal property was unfounded. They also maintained that consent had been obtained from the private landowner to build the school in Panorc, along with an agreement for land compensation.
On 21 March 2022, the basic court in Pristina convicted Ragip Begaj of abuse of official position or authority, sentencing him to six months in prison. However, with his consent, the sentence was converted to a €5,000 fine. Begaj called the ruling unfair and appealed the decision.
On 28 July 2022, the court of appeals overturned the first-instance verdict and acquitted Begaj, finding that the lower court's determination of criminal responsibility was incorrect. The court ruled that there was no proven intent or will on the part of the accused to commit the alleged offence, meaning the essential elements of the crime were not met.
Ragip Begaj served his second mandate as the mayor of Malisheva from 2017 until November 2021. In a related case, the basic court in Pristina issued a guilty verdict on 11 July 2024 against former Malisheva mayor Ragip Begaj, former minister Bajram Hasani and Bashkim and Malë Krasniqi for abuses related to the economic zone of Malisheva. Begaj was sentenced to two years and six months in prison.
This case highlights the failure of the state prosecutor's office to present convincing evidence and build a strong indictment. Notably, despite claims of harm to both a private individual and the state budget, the prosecution was unable to specify the extent of this damage. That said, corruption, particularly at the local level, erodes public trust, undermines the integrity of public office and diverts resources from vital community projects. It is crucial for citizens to demand transparency, accountability and a justice system capable of effectively addressing such actions.
Further details
- JURISDICTION/COURT
Special prosecutor's office of the Republic of Kosovo
Basic court in Pristina - special department
Court of appeals of Kosovo
- LAWS (ALLEGEDLY) BREACHED
Criminal code of the Republic of Kosovo (Abusing of official position or authority, Article 422, paragraph 1, in connection with Article 81)
Law on Local Self-Government
- FINAL SANCTION OR MEASURE
Acquittal
- UNCOVERING METHOD
Police and investigation by prosecutorial bodies
- PROSECUTOR
Naim Abazi
- JUDGE
Presiding Judge Violeta Namani and panel members Vesel Ismajli and Suzana Qerkini.
- DEFENCE COUNSEL
Emrush Kastrati
SOCIAL HARM ON SDGs
4 Quality Education
9 Industry, innovation and infrastructure
16 Peace, justice and strong institutions
According to the state prosecutor's office, Ragip Begaj's actions allegedly caused harm to both a private individual’s and the public budget. However, the prosecution did not provide the exact extent or amount of the financial damage.
The alleged social harm caused by this case includes the erosion of public trust in local institutions. Indeed, when public officials bypass legal procedures, it undermines the integrity of public office and weakens confidence in the justice and governance systems. Furthermore, the alleged misallocation of funds can divert resources from vital community projects.
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 10/2022. 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 betimiperdrejtesi.com/eksperti-thote-se-shkolla-ne-malisheve-u-nis-ne-prone-private-pa-marreveshje-me-pronarin/The expert says that the school in Malisheva was started on private property without an agreement with the owner
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Press release Link betimiperdrejtesi.com/i-akuzuari-per-korrupsion-nga-psrk-eshte-kryetari-i-malisheves-ragip-begaj/The accused of corruption by the SPRK is the mayor of Malisheva, Ragip Begaj
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