The “Toka” case: Former member of parliament Azem Syla acquitted in Kosovo’s €30 million land fraud trial, nine others convicted
- Kosovo
The “Toka” case: Former member of parliament Azem Syla acquitted in Kosovo’s €30 million land fraud trial, nine others convicted
- Case Date(s)
- 10/2016
- Case Updated
- 12/2024
Case Summary
Phase
1st instance verdictOffence
- Bribery of public officials
Sector
- Public administration and defense; compulsory social security
- Real estate activities
Involved people
- Politically exposed
- Yes
- — Abuse of functions
- — Laundering of proceeds of crime
- — Bribery of public officials
- Politically exposed
- Yes
- — Bribery in the private sector
- — Abuse of functions
- Politically exposed
- Yes
- — Abuse of functions
The "Toka" case, one of Kosovo’s most high-profile corruption trials, involves former member of parliament Azem Syla and 21 co-defendants. The defendants are accused of forming an organised criminal group to commit land fraud involving several plots in the Pristina area, resulting in an estimated €30 million loss to Kosovo's budget. Despite the indictment being filed in 2016, the case faced numerous delays and postponements, and a first instance verdict was reached only in December 2024. Nine defendants were convicted, while Syla, the alleged leader of the group, and eight others were acquitted. The trial exposed systemic issues in Kosovo’s judicial system, raising broader concerns about the country’s ability to prosecute major corruption cases.
The so-called Toka case (translated as "Land" in English), involves former Democratic Party of Kosovo member of parliament Azem Syla, along with 21 other co-defendants, including several former public officials. They are accused of orchestrating a land scam to illegally seize several plots in the Pristina area. Despite the indictment being filed in 2016, proceedings dragged on for eight years before a first-instance verdict was reached in December 2024. While nine defendants were sentenced to prison, Azem Syla and eight others were acquitted.
In April 2014, the Special Prosecutor’s Office of Kosovo in coordination with the High Prosecutor's Office for Organized Crime in Belgrade launched an investigation into an alleged land scam involving Azem Syla and other suspects. The investigation culminated in a large-scale police operation in late April 2016, jointly conducted by EULEX and the Kosovo Police, which resulted in several arrests. Azem Syla, the primary defendant, was apprehended on 29 April 2016 and denied the charges against him, calling them unfounded. Prosecutors alleged that the criminal group caused approximately €30 million in damages to Kosovo by illegally seizing public property and depriving several Kosovo Serbian families of their land. The case immediately drew significant media attention and came to be regarded as one of the most high-profile cases in the country.
On 25 October 1016, EULEX prosecutor, Danillo Ceccarelli from the Special Prosecutor's Office of Kosovo filed two indictments with the Basic Court of Pristina. The first indictment, known as Toka, charged 22 defendants with various criminal offences, including organised crime, money laundering, bribery, aggravated fraud, fraud in office, issuing unlawful judicial decisions, abuse of official position, legalising falsified content and tax evasion. The second indictment, referred to as Toka 2, charged 17 defendants with money laundering.
The first indictment alleged that an organised criminal group, comprising both Albanian and Serbian members of Kosovo, orchestrated the misappropriation of state-owned properties in the Pristina area and their transfer to private ownership. Azem Syla was identified as the organiser, leader and manager of the group, responsible for its creation, coordination and financing.
According to the charges, between 2006 and 2016, the group, led by Azem Syla, operated as one of Kosovo's most active, structured, and longstanding criminal groups. They allegedly committed serious offenses to gain financial and material benefits, depriving Kosovo of public properties and causing an estimated €30 million in damages to the state budget. Victims included the state of Kosovo and Serbian families whose rights to land parcels were exploited. The indictment claimed the group used fraud, forgery and bribery of court and municipal officials to enable the illegal sale and transfer of state-owned land.
Together with Azem Syla, the other accused were Shaban Syla, Arton Vila, Fahredin Gashi, Shpresim Uka, Ramadan Uka, Avdyrrahman Brajshori, Gazmend Gashi, Ljubisha Vujović, Sabedin Haxhiu, Avni Maxhuni, Nuhi Uka, Shqipe Maxhuni, Ilaz Syla, Mustafë Haliti, Hajrullah Berisha, Elheme Uka, Lumnije Sopjani, Nyrtene Brajshori, Sami Maqedonci, Ndue Palushi and Ramadan Mavraj.
EULEX held the initial hearing for the case in December 2016, where Azem Syla and the other defendants pleaded not guilty. The defence's request to dismiss the indictment was also rejected, and the indictment was confirmed on 4 April 2017. This decision was upheld by the Court of Appeals on 26 October 2017.
In January 2018, EULEX attempted to begin the main trial but was unable to proceed due to the absence of a complete trial panel. On 20 February 2018, EULEX Judge Petko Petkov announced that the case would be transferred to local institutions, a decision that was strongly opposed by prosecutor Danilo Ceccarelli, who had filed the indictment. In September 2018, proceedings were separated against Ilaz Syla, Hajrullah Berisha and Mustafë Haliti due to their failure to respond to court summons. Additionally, the proceedings against Nuhi Uka and Shqipe Maxhuni were stopped following their deaths.
On 25 June 2019, after multiple failed attempts, the main trial finally began under presiding Judge Beqir Kalludra. Between 2019 and 2020, several sessions were held. During the proceedings, Azem Syla alleged that the indictment was orchestrated and directed by Belgrade. As the trial neared its conclusion, Judge Kalludra was promoted to the Appeals Court, and the case was assigned to Judge Shpresa Hasaj-Hyseni. However, this change required a full retrial under to the Criminal Procedure Code. Presiding Judge Hasaj-Hyseni was unable to hold any hearings, and in October 2021, the case was ultimately assigned to Judge Arben Hoti. Judge Hoti also added two defendants to the case, Ilaz Syla and Vidosav Novaković.
The retrial under Judge Hoti began on 10 June 2022 before the Basic Court in Pristina. During the proceedings, prosecutor Naim Abazi urged the court to convict the defendants, asserting that the criminal charges against them had been indisputably proven. Meanwhile, the defendants requested an acquittal. In his closing statement, Azem Syla's lawyer described the indictment as one of the heaviest burdens his client had ever faced.
On 26 December 2024, the Basic Court in Prishtina issued its first-instance verdict. Shaban Syla, Shpresim Uka, Lubisha Vujović, Ilaz Syla, Arton Vila, Ramadan Uka, Avdurrahman Brajshori, Sabedin Haxhiu and Vidosav Novaković were sentenced to a total of 39 years in prison and fined €260,000 collectively. Meanwhile, former member of parliament Azem Syla and eight other defendants were acquitted. Azem Syla was acquitted of charges related to organised crime, fraud and incitement to commit abuse of official position. Two leading members of the group, Shaban Syla and Shpresim Uka, were each sentenced to seven years in prison and fined €50,000.
The Toka case, one of Kosovo's most high-profile corruption trials, faced prolonged delays, retrials and procedural violations (see here and here) taking eight years to reach a first-instance verdict. Despite its significance and public scrutiny, the proceedings were hindered by changes in prosecutors and judicial panels (see here) and frequent court sessions postponements. The first-instance verdict convicted nine defendants but did not sentence the alleged leader of the group, Azem Syla. This outcome underscores broader issues in Kosovo’s handling of corruption cases, including undue delays, poor quality of verdicts and inadequate sentencing.
Further details
- JURISDICTION/COURT
Basic Court in Pristina- Special Department,
Special Prosecutor's Office of the Republic of Kosovo,
EULEX
- LAWS (ALLEGEDLY) BREACHED
Criminal Code of the Republic of Kosovo (Organized crime, Article 283; Accepting bribes, Article 428; Money laundering, Article 308; Fraud in office, Article 426; Fraud, Article 335; Abusing official position or authority, Article 422; Issuing unlawful judicial decisions, Article 432; Legalization of false content, Article 403; Tax evasion, Article 313)
- UNCOVERING METHOD
Police
- PROSECUTOR
Danillo Ceccarelli
Naim Abazi
Abdurrahim Islami
Sylë Hoxha
Habibe Salihi
Fikrije Fejzullahu
- JUDGE
Arben Hoti, Mentor Bajraktari, Lutfi Shala (current trial panel)
List of known trial panels:
First EULEX-led Trial Panel (2018): EULEX Judge Arkadiusz Sedek (Presiding Judge) and panel members, EULEX Judge Petko Petkov, and local panel member, Judge Nora Bllaca-Dula.
Second EULEX-led Trial panel (2018): EULEX Judge Petko Petkov (Presiding Judge), and panel members, EULEX Judge Vladimir Mikula, and local panel member, Judge Vesel Ismajli
Trial Panel (2019-2020): local Judge Beqir Kalludra (first local judge after EULEX transferred the case)
with panel members Judge Lutfi Shala and Judge Violeta Namani. Previously another panel member was
Judge Shashivar Hoti.
Trial panel: Shpresa Hasaj-Hyseni (Presiding Judge), with unknown panel members
Trial panel (2022-current): Judge Arben Hoti (Presiding Judge) and panel members Judge Mentor Bajraktari and Judge Lutfi Shala.
- DEFENCE COUNSEL
Lawyer Tomë Gashi (representing Sabedin Haxhiu, initially he also represented Azem Syla)
Lawyer Besnik Berisha (representing Azem Syla)
Lawyer Halit Shaljani (representing Azem Syla)
SOCIAL HARM ON SDGs
9 Industry, innovation and infrastructure
11 Sustainable Cities and Communities
16 Peace, justice and strong institutions
According to the allegations of the Special Prosecutor's Office, the damage caused by the actions of these defendants amounts to €30 million.
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 12/2024. Nevertheless, Transparency International cannot accept responsibility for the consequences of its use for other purposes or in other contexts.
Additional Material
The Balkan Investigative Reporting Network (BIRN) monitoring and reporting: This activity is not directly related to this case but generally to corruption cases in Kosovo. BIRN Kosovo, as a civil society organisation, has monitored the justice system by continuously observing and writing comprehensive reports on the overall functioning, management, efficiency and efficacy of the rule of law in Kosovo.
The following report was based on the direct monitoring of over 50 corruption cases in Kosovo, including the Toka case.
URL: https://birn.eu.com/wp-content...;
Kosovo Law Institute (KLI) is non-governmental public policy organisation, specialised in the justice sector. KLI has monitored several high-profile corruption cases in Kosovo in its publications, including the Toka case.
See URL: https://kli-ks.org/wp-content/...; and URL: https://kli-ks.org/wp-content/...;
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Press release Link balkaninsight.com/2016/04/29/kosovo-mp-facilitated-land-scam-eu-says-04-29-2016-1/Kosovo MP Facilitated Land Scam, EU Mission Says
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Press release Link kallxo.com/lajm/avokati-dhe-i-akuzuari-shaban-syla-per-dy-dite-radhazi-pamundesuan-vazhdimin-e-gjykimit-maratonik-per-rastin-toka/Lawyer and accused Shaban Syla for two consecutive days prevented the continuation of the marathon trial for the 'Toka' case
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Press release Link betimiperdrejtesi.com/rasti-toka-i-akuzuari-shaban-syla-thote-se-ka-qene-i-shantazhuar-dhe-kercenuar-nga-prokurori/In the "Toka" case, the accused Shaban Syla says that he was blackmailed and threatened by the prosecutor
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Press release Link insajderi.org/tokat-e-azem-syles/"Tokat" e Azem Sylës
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Press release Link birn.eu.com/wp-content/uploads/2022/12/raporti-analitik-i-korrupsionit-ANG.pdfAnalytical report: The Weary Fight Against Endemic Corruption in 2022, Balkan Investigative Reporting Network in Kosovo (BIRN Kosovo)
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Press release Link kli-ks.org/wp-content/uploads/2019/11/Special-failures-in-fighting-corruption-18.11.2019-ENG-1.pdfSpecial failures in fighting corruption, Kosovo Law Institute, November 2019
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Press release Link kli-ks.org/wp-content/uploads/2019/09/IKD-Raporti-FINAL-ENG-2.pdfIntegrity of justice system in the fight against corruption, Kosovo Law Institute, December 2018
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