The case of Metush Biraj: Bribery Allegations Against Former Prosecutor
- 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 procedureOffence
- Bribery of public officials
Sector
- Public administration and defense; compulsory social security
Institution
- Basic Prosecutor’s Office in Prizren
Involved people
- Politically exposed
- Yes
- — Bribery of public officials
- Politically exposed
- No
- — Bribery of public officials
- 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.
Additional Material
-
Press release Link sinjali.com/aktakuze-ndaj-ish-prokurorit-metush-biraj-kishte-pranuar-oferten-prej-20-mije-euro-nga-te-akuzuarit-per-droge/Indictment against former prosecutor Metush Biraj, he had accepted the offer of 20 thousand euros from the accused for drugs
-
Press release Link kallxo.com/lajm/aktakuze-ndaj-ish-prokurorit-metush-biraj-per-ryshfet-ne-nje-rast-per-droge/Indictment against former prosecutor Metush Biraj for bribery in a drug case
-
Press release Link www.botasot.info/aktuale-lajme/2137622/aktakuze-kunder-prokurorit-qe-hoqi-dore-nga-ndjekja-per-130-kg-marihuane/Indictment against the prosecutor who gave up prosecution for 130 kg of marijuana
-
Press release Link betimiperdrejtesi.com/betimi-per-drejtesi-341-si-prokurori-metush-biraj-dyshohet-se-mori-ryshfet-per-te-deshtuar-aktakuzen-per-130-kg-marihuane/Oath for Justice 341: How prosecutor Metush Biraj allegedly took bribes to fail the indictment for 130 kg of marijuana
Contribute to this case
Do you have additional information, updates or relevant insights about this case? You can help by sharing new developments or legal updates on the case, providing verified sources that offer more context or evidence or highlighting public reactions or advocacy efforts related to the case.
Do you know of a corruption case that has been reported in the media or by civil society, or is already in the judicial process but is not receiving enough attention? Help us put a spotlight on key corruption cases in your country, and we will review your suggestion and consider adding it to the corruption database.
Please only suggest cases that have already been reported by the media or civil society or cases that are in some stage of the law enforcement or judicial process. If you would like to report a new corruption case, please reach out to our Advocacy and Legal Advice Centres in your country or email us.