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The case of Metush Biraj: Bribery Allegations Against Former Prosecutor

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  • Kosovo

The case of Metush Biraj: Bribery Allegations Against Former Prosecutor

Case Date(s)
03/2024
Case Updated
10/2024

Case Summary

Phase

1st instance procedure

Offence

  • Bribery of public officials

Sector

  • Public administration and defense; compulsory social security

Institution

  • Basic Prosecutor’s Office in Prizren

Involved people

Allegedly involved people Metush Biraj Prosecutor of the Basic Prosecutor's Office in Prizren
Metush Biraj
Politically exposed
Yes
  • Bribery of public officials
Allegedly involved people Shkodran Pulaj
Shkodran Pulaj
Politically exposed
No
  • Bribery of public officials
Allegedly involved people Naim Osmani
Naim Osmani
Politically exposed
No
  • Bribery of public officials

In March 2024, the Basic Prosecutor’s Office in Gjilan, Kosovo, filed an indictment against former state prosecutor Metush Biraj, charging him with accepting bribes in exchange for dismissing a criminal prosecution against three defendants facing drug-related offences. The case progressed sluggishly after the indictment, hindered by procedural delays and confusion about the competent court. As a result, the first hearing was not held until October 2024.

According to the indictment filed in March 2024, Biraj, in his capacity as a state prosecutor in the Basic Prosecutor's Office in Prizren, allegedly accepted €20,000 in bribes between April and July 2023 to dismiss a case against three individuals accused of purchasing, possessing, distributing, and selling 130 kilograms of marijuana. The three defendants - Naim Osmani, Ukë Sadria and Arbër Saliu were facing serious criminal charges, yet Biraj reportedly used his authority to terminate their prosecution, citing a lack of evidence.

Investigators discovered evidence of direct communication between Biraj and one of the accused via the Viber messaging application, suggesting a coordinated effort to obstruct justice. Furthermore, Biraj was allegedly instructed by the Chief Prosecutor of the Basic Prosecutor’s Office in Prizren to proceed with the prosecution, but he disregarded this directive.

The indictment by the Basic Prosecutor's Office in Gjilan also includes charges against Shkodran Pulaj and Naim Osmani for giving bribes. Pulaj is believed to have acted as an intermediary between Biraj and the accused. “Betimi për Drejtësi” (Oath of Justice), in December 2023 published a video recording showing a conversation between Biraj and Shkodran Pulaj regarding the dismissal of the indictment in the drugs case.

Despite the serious nature of allegations, the case progressed after the indictment, hindered by procedural delays and confusion about the competent court. Initially, the Basic Prosecutor’s Office in Prizren filed the indictment, but transferred it to Gjilan due to Biraj's prior role in Prizren. However, jurisdictional confusion led to further delays, as the Basic Court in Gjilan later redirected the case to the Special Department of the Basic Court in Pristina. After months of uncertainty, the Court of Appeals ruled that Pristina's Special Department would handle the trial.

Even after the jurisdiction issue was resolved, the trial faced additional roadblocks. The initial hearing was scheduled for July 26, 2024, at the Court of Pristina, but it was cancelled because no representative from the Special Prosecutor’s Office appeared. Subsequent hearings on September 11 and October 4 were also postponed due to missing case files. Finally, at the hearing on October 16, Biraj and two other defendants pleaded not guilty.

One of the most controversial aspects of the case is the indictment's failure to fully account for the €20,000 bribe amount. Instead, the indictment is based on Paragraph 1 of Articles 421 and 422 of the Criminal Code of Kosovo, which prescribe lower sentences for bribery than would typically apply given the amount involved in this case. Specifically, the Criminal Code stipulates higher penalties for bribe amounts exceeding €15,000.

The slow progress in this case, characterised by numerous procedural delays, may significantly undermine public trust in the judiciary, especially in cases involving public office holders. These delays fuel suspicions of political interference and favouritism within the judicial system, particularly in high-profile cases. As the trial moves forward, Kosovo's judiciary faces mounting pressure to ensure a transparent and fair process.

Further details

JURISDICTION/COURT

Court Basic in Pristina- Special Department

LAWS (ALLEGEDLY) BREACHED

Criminal Code of Kosovo article 421 paragraph 1, (Accepting bribes), and article 422, paragraph 1, Giving bribes).

UNCOVERING METHOD

Investigative journalists (“Betimi për Drejtësi” (Oath of Justice) published a video recording implicating Biraj in the bribery case. Following the publication in December 2023, the indictment was filed in March 2024.

PROSECUTOR

Isuf Sadiku

JUDGE

Lutfi Shala

SOCIAL HARM ON SDGs

16 Peace, justice and strong institutions

Following the media revelation that the state prosecutor Metush Biraj took about €20,000 from three defendants in a drug-related case to drop a criminal case, the indictment was filed in March 2024. The first hearing in this case was held only in October 2024, therefore the case is still in the early stages. However, numerous procedural delays since the indictment was filed, the confusion about competent court in this case, and the fact that a prosecutor is implicated in bribery case, may further erode public trust in judiciary, and sends signals that high-profile cases are treated differently than the rest.

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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