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Acquittal of Kosovo’s former minister Hoxha for alleged misuse of state funds for electoral campaign

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  • Kosovo

Acquittal of Kosovo’s former minister Hoxha for alleged misuse of state funds for electoral campaign

Case Date(s)
05/2022
Case Updated
10/2024

Case Summary

Phase

1st instance verdict

Offence

  • Abuse of functions

Sector

  • Administrative and support service activities
  • Professional, scientific, and technical activities

Involved people

Allegedly involved people Dhurata Hoxha Former minister of European integration in the government of the Republic of Kosovo
Dhurata Hoxha
Politically exposed
Yes
  • Abuse of functions
Allegedly involved people Fitim Mustafa Head of procurement at the Ministry of European Integration of Kosovo
Fitim Mustafa
Politically exposed
Yes
  • Abuse of functions
Allegedly involved people Gëzim Dushi Communication and information officer at the Ministry of European Integration of Kosovo
Gëzim Dushi
Politically exposed
Yes
  • Abuse of functions
Allegedly involved people Ekrem Tahiri Co-owner and director of the company PR Solution Ltd
Ekrem Tahiri
Politically exposed
No
  • Abuse of functions

In 2022, former Kosovo Minister of European Integration Dhurata Hoxha, along with other co-defendants, was charged with abuse of official position. The prosecution alleged that resources allocated under a public procurement contract with a public relations firm were unlawfully used to promote Hoxha’s 2019 electoral campaign. Despite accusations of procurement violations and contract mismanagement, the legal proceedings resulted in the defendants’ acquittal by a first instance court in October 2024.

In May 2022, an indictment was filed against former minister of European integration Dhurata Hoxha and three other defendants, charging Hoxha with abuse of official position for allegedly diverting resources from a public contract to promote her 2019 electoral campaign. The legal proceedings, which began in 2022, ended in October 2024 with the acquittal of the defendants by the first instance court.

On 12 May 2022, Kosovo's Special Prosecutor's Office filed an indictment against former minister of European integration Dhurata Hoxha, ministry officials Fitim Mustafa and Gëzim Dushi, and the director of the company PR Solutions, Ekrem Tahiri. Hoxha, Mustafa and Dushi were charged with abuse of official position or authority, while Tahiri was accused of aiding in the commission of this offence.

According to the indictment, in 2019, then minister Hoxha signed a contract on behalf of the Ministry of European Integration with PR Solutions, a Kosovo public relations firm. The contract, titled "Public Information Services for the Needs of the Ministry of European Integration", was intended to inform the public about Kosovo’s visa liberalisation process and the Stabilisation and Association Agreement. Nonetheless, Hoxha allegedly redirected €143,447.80 of state funds allocated under this contract to promote her electoral campaign as a candidate for the October 2019 parliamentary elections. The prosecution claimed that Hoxha violated the terms of the contract by using these funds for personal campaign activities, including banners, media articles and video spots highlighting her achievements and vision.

Fitim Mustafa, in his capacity as head of procurement at the Ministry of European Integration, was accused of deliberately abusing his official position to unlawfully award the disputed contract to PR Solutions. During the procurement procedure, PR Solutions and the company N.Sh. 2B were selected by the Evaluation Commission as the two operators meeting the tender criteria. However, in a tender where the lowest price was the key determinant, N.Sh. 2B, which had submitted a bid valued approximately €192,700 lower than PR Solutions, was improperly excluded from the competition. Specifically, the prosecution alleged that Mustafa introduced an undefined additional criterion not specified in the tender dossier, using it to unlawfully disqualify N.Sh. 2B. The contract was thus awarded to PR Solutions and then signed by Hoxha.

Gëzim Dushi, in his role as communication and information officer at the ministry from August 2019 to January 2020, was accused of abusing his position to allegedly benefit defendant Hoxha. The indictment claimed that as the manager of the contract with PR Solutions Dushi deliberately disregarded the legal provisions governing fair contract management. Despite knowing that services — such as the publication of banners, articles and video spots — were used to promote Hoxha's electoral campaign, Dushi allowed these services to be accepted and payments to be made, thereby violating the contract's terms.

Finally, Ekrem Tahiri was charged with aiding in the criminal offence of abuse of official position or authority. According to the prosecution, as the co-owner and director of PR Solutions, Tahiri promoted Hoxha’s electoral campaign, despite knowing that such services violated the contract’s conditions as outlined in the tender documentation. Meanwhile, the prosecution dropped the investigation into Tahiri for an alleged fraud offence.

The special prosecution also requested that Hoxha, Dushi and Mustafa be barred from holding positions in public administration and that the court order each defendant to compensate for the financial damages caused to Kosovo's budget.

On 1 June 2022, during the initial hearing at the Basic Court in Pristina, all four defendants pleaded not guilty. In July 2022, they requested the dismissal of the indictment, but the Basic Court rejected this request. After the defendants appealed that ruling, the Court of Appeal upheld the indictment on 14 October 2022, dismissing their appeals as unfounded.

The main trial began on 11 November 2022 at the Basic Court in Pristina. During the opening statements, Prosecutor Çollaku-Tafa asserted that the criminal offences attributed to the defendants would be proven. In response, the defence contended that Hoxha’s election campaign was fully funded by her personal resources and her political party.

Further details

JURISDICTION/COURT

Court Basic in Pristina- Special Department

Special Prosecutor's Office of Kosovo,

The Court of Appeal

LAWS (ALLEGEDLY) BREACHED

Criminal Code of Kosovo (Abuse of official position or authority, Article 414, paragraph 2; Abuse of official position or authority, Article 414, paragraph 2, in conjunction with Assistance, Article 33)

FINAL SANCTION OR MEASURE

All the defendants in the case have been acquitted by the first-instance court.

PROSECUTOR

Iliriana Çollaku-Tafa. Also, Prosecutor Fatos Ajvazi replaced Prosecutor Çollaku-Tafa for part of the session on 8 July 2024.

JUDGE

Presiding judge Vesel Ismaili and judge members Violeta Namani Hajra and Lutfi Shala.

DEFENCE COUNSEL

Arber Jashari (representing Fitim Mustafa),

Florent Latifaj (representing Dhurata Hoxha),

Kosovare Kelmendi (representing Gëzim Dushi). In at least one session, lawyer Redon Byqmeti substituted Kelmendi as the lawyer of Dushi. Also, Lawyer Rrezon Hoxha was authorized to represent the accused Dushi in place of his primary counsel, attorney Kosovare Kelmendi, during the opening statements.

Driton Muharremi (representing Ekrem Tahiri). In at least one session, lawyer Agnez Furra substituted Muharremi as the lawyer of Tahiri.

SOCIAL HARM ON SDGs

10 Reduced Inequality

16 Peace, justice and strong institutions

According to the State Prosecutor's Office, former minister Dhurata Hoxha and the other three defendants in this case allegedly redirected €143,447.80 of state funds allocated under a public contract to promote Hoxha’s electoral campaign for the 2019 parliamentary elections. Therefore, the alleged damage incurred by Kosovo’s state budget amounts to €143,447.80. That being said, the defendants have been acquitted by the first instance court.

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 10/2024. Nevertheless, Transparency International cannot accept responsibility for the consequences of its use for other purposes or in other contexts.

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