Top Kosovo ministry officials acquitted in driver’s licence scandal
- Kosovo
Top Kosovo ministry officials acquitted in driver’s licence scandal
- Case Date(s)
- 11/2020
- Case Updated
- 07/2024
Case Summary
Phase
1st instance verdictOffence
- Abuse of functions
- Trading in influence
Sector
- Professional, scientific, and technical activities
- Administrative and support service activities
Involved people
- Politically exposed
- Yes
- — Abuse of functions
- Politically exposed
- Yes
- — Abuse of functions
- Politically exposed
- Yes
- — Trading in influence
In 2020, three former high-ranking officials of the Ministry of Infrastructure of Kosovo were charged with abuse of official position and trading in influence. The alleged offences were related to the unlawful appointment of driving licence theory examiners and rigged public employment and tender procedures. Despite an indictment filed in November 2020, the first instance court acquitted the defendants in 2024 due to insufficient evidence. The case highlights the challenges Kosovo's justice system faces in prosecuting high-ranking public officials, an issue compounded by poorly drafted indictments that often lack conclusive evidence.
Commonly known as the driver's licence scandal, this case revolves around alleged offences committed by three officials from the Ministry of Infrastructure involving the unlawful appointment of driving licence theory examiners, as well as irregularities in public employment and tender procedures. Following brief detention of the suspects in 2018, an indictment was filed in November 2020. The case went to trial, and in July 2024, the first-instance court acquitted all three defendants.
Following investigations, five top officials from the Ministry of Infrastructure were arrested on 26 November 2018 on suspicion of corruption, while a former ministry secretary was declared wanted. The arrested officials were briefly detained and released the next day.
On 6 November 2020, the Basic Prosecutor’s Office in Pristina filed an indictment against three former officials of the Ministry of Infrastructure: Nebih Shatri, the former acting secretary general; Kadri Krasniqi, the former director of the Vehicles Department; and Pjetër Ndou, an advisor to the former minister of infrastructure.
According to the indictment, Shatri and Krasniqi, while serving in their official capacities, acted jointly and allegedly exploited their positions, exceeded their authority and neglected their official duties with the intent of benefiting others.
Specifically, Shatri, in violation of Administrative Instruction No. 08/2016, failed to sign employment contracts with 20 driver’s licence theory examiners engaged by the ministry. Instead, he permitted them to work during 2017 and 2018 in the regional driver’s licence units in Pristina, Mitrovica, Gjakova, Peja, Prizren, Ferizaj and Gjilan.
Furthermore, Shatri allegedly violated the Law on Civil Service by failing to conduct recruitment procedures for the theory examiners. He also altered the list of examiners proposed by the director of the Driver’s Licence Department before submitting it to the minister of infrastructure for approval.
As a consequence, Betim Reçica, who succeeded Shatri as secretary general and later served as a witness in this case, was forced to retroactively sign special service contracts with 44 examiners, including the aforementioned theory examiners, to compensate them for the work they had already performed in the absence of valid contracts.
The indictment further alleged that Krasniqi, while serving as director of the Vehicles Department and with the knowledge of the accused Shatri, authorised a competition to licence examiners of the drivers theory test in 2017 and 2018 without any prior planning.
Additionally, Krasniqi licenced theory examiners in regional units across Kosovo without verifying their qualifications, in violation of Administrative Instruction No. 08/2016. As a result, 18 individuals were improperly licenced. Furthermore, the indictment claimed that Krasniqi then licenced three other individuals, further breaching the same directive.
The indictment stated that the actions of Shatri and Krasniqi resulted in significant financial damage to the Ministry of Infrastructure and, by extension, to the Kosovo budget. Consequently, both individuals were charged with jointly committing the criminal offence of abuse of official position or authority under the Criminal Code of Kosovo.
Finally, the prosecution charged Ndou with trading in influence. While serving as the political advisor at the Ministry of Infrastructure, Ndou allegedly exerted continuous pressure on ministry officials to ensure approval for driver’s licence theory exams, as well as to influence employment decisions and tenders.
Specifically, he exerted influence over then minister Pal Lekaj and ministry officials to ensure that certain individuals passed the driver’s licence theory exam. In addition, Ndou was accused of influencing a tender to secure a transport route for a specific economic operator, as well as influencing the selection process for theory examiners, particularly by advising the chairman of the selection commission on how to choose candidates. As a result, Ndou was charged with repeatedly committing the criminal offence of trading in influence under the Criminal Code of Kosovo.
The prosecutor's office alleged that these criminal offences were committed between 2016 and 2018.
Nearly three years after the indictment was filed, the trial began on 5 April 2023. In the opening session, all three defendants pleaded not guilty. Throughout the proceedings, they denied causing any financial damage to the Ministry of Infrastructure.
On 31 July 2024, the Basic Court in Pristina acquitted the three defendants of corruption charges due to insufficient evidence. The presiding judge Fatime Dermaku explained that although 19 witnesses were heard and 94 pieces of material evidence were presented, there was no proof that the defendants had committed a criminal offence.
The justice system in Kosovo has struggled to convict high-ranking state officials accused of corruption, with many cases resulting in acquittals. One contributing factor is the poor quality of indictments, which often lack compelling and conclusive evidence. In this case, as in many others, the prosecution failed to establish the criminal responsibility of the accused. The perceived lack of accountability for politically connected individuals in turn fosters public mistrust in Kosovo's legal system and the independence of its institutions. This highlights the urgent need for measures to improve the quality of indictments in corruption cases and enhance the professionalism of prosecutors.
Further details
- JURISDICTION/COURT
Basic Court of Pristina
- LAWS (ALLEGEDLY) BREACHED
Criminal Code of the Republic of Kosovo (Abusing official position or authority, Article 422, paragraph 1, in connection with paragraphs 2.1 and 2.2, and Article 31; Trading in influence, Article 431, paragraph 1, in connection with Article 81)
Administrative Instruction No. 08/2016 (Article 21, paragraph 2; Article 4, paragraphs 1.6 and 1.7)
Law on Civil Service
- FINAL SANCTION OR MEASURE
Acquittal
- UNCOVERING METHOD
Police
Investigative prosecutor
- PROSECUTOR
Kujtim Munishi, Prosecutor Bashkim Zeqa and
Prosecutor Arbëresha Shala
- JUDGE
Fatime Dermaku, Naser Foniqi and Ertan Sejfullahu.
Note: initial panel member Kushtrim Shyti, was replaced by Ertan Sejfulla after Shyti was promoted to the Special Department.
- DEFENCE COUNSEL
Lawyer Driton Musliu and lawyer Florent Latifaj (representing Nebih Shatri); Lawyer
Murat Paçarada (representing Kadri Krasniqi);
Lawyer Meshari Selimaj and previously lawyer Adem Vokshi (representing Pjetër Ndou).
SOCIAL HARM ON SDGs
8 Decent work and economic growth
10 Reduced Inequality
16 Peace, justice and strong institutions
The indictment mentions that great damage was caused to the state budget but does not provide specific figures.
That said, the first-instance verdict acquitted the defendants of all charges, including the alleged damage to the state budget. Following the first-instance ruling, the costs of criminal proceedings were borne by the court's budget. Those costs represent the only quantifiable financial damage caused by this case.
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 07/2024. 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 kallxo.com/lajm/besim-tahiri-deshmon-ne-gjykimin-ndaj-nebih-shatrit-i-akuzuar-per-korrupsion-me-patente-shofere/Besim Tahiri testifies at the trial of Nebih Shatri, accused of corruption with a driver's license
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Press release Link betimiperdrejtesi.com/deshmitaret-thone-se-i-akuzuari-asnjehere-nuk-kishte-ndikuar-qe-ndonje-kandidat-ta-kalonte-provimin-per-patente-shofer/Witnesses say that the accused never influenced any candidate to pass the driver's license exam
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