This case involves three IT officials from the University Clinical Center of Kosovo (UCCK), who were indicted in March 2022 for abuse of official position. The charges were related to alleged misconduct during the implementation of a contract for the installation of a surveillance system at UCCK, which reportedly caused financial damage of €104,751 to the UCCK budget. After a trial, the defendants were acquitted in September 2024. The basic court concluded that the defendants did not cause any financial damage to UCCK, nor did they gain any personal benefit.

In September 2021, media reports surfaced regarding potential corruption in the execution of a €104,000 contract at the UCCK. According to the reports, UCCK had signed the contract with the company ARTECH in September 2020 for the purchase and installation of surveillance cameras. While the contract was completed and payments were processed by UCCK, an internal auditor of the Kosovo University Clinical Hospital Service (ShSKUK) reported that the work did not comply with the terms of the contract. Allegedly, some of the purchased equipment was missing from the warehouse, and there was no formal record of the goods being received. Additionally, the audit report stated that while the cameras were installed in clinics and corridors, they remained non-operational due to the absence of a monitoring room.

ShSKUK submitted the internal audit report to the Kosovo police, which initiated an investigation into the case.

In September 2021, the ShSKUK disciplinary committee temporarily suspended three IT officials – Leutrim Jahja, Faton Hajzeraj and Ylber Krasniqi – from UCCK due to their alleged involvement. Following several months of investigation, in January 2022, the basic prosecution office in Pristina, in cooperation with the Kosovo police, arrested Leutrim Jahja, the contract manager of the procurement activity under investigation, on suspicion of abuse of official position or authority.

On 22 March 2022, the basic prosecution in Pristina filed an indictment against Leutrim Jahja, Faton Hajzeraj and Ylber Krasniqi, charging them with abuse of official position or authority.

The indictment alleged that on 22 December 2020, the defendants, acting in their official roles as IT officers at UCCK, violated the public procurement law by abusing their official duties to unlawfully obtain financial benefits for themselves or others. Specifically, they allegedly failed to fulfil their responsibilities in the procurement activity: supply and installation of the integrated camera monitoring system and integration of the access control system.

The indictment stated that in September 2020, UCCK signed a contract worth €104,751 with the economic operator ARTECH for the procurement of surveillance cameras to be installed in its facilities, including a monitoring room. The prosecution alleged that the defendants signed a fictitious report falsely claiming that the entire project had been completed in December 2020, with all equipment received, installed and fully operational. On 22 December 2020, as members of the acceptance commission, the defendants signed off on the receipt of the goods. Based on this confirmation, UCCK proceeded with the payment.

However, the prosecution alleged that the project was never implemented as the purchased equipment was not found in UCCK storage facilities. Some of the materials only arrived at UCCK in September 2021, after the audit report on the tender was made public and the case received media attention. As a result of these alleged unlawful actions, the UCCK budget was reportedly damaged by €104,751.

The prosecutor recommended that the court convict the defendants and include a ban on holding public administration or public service positions in their sentence.

During the trial, the defendants explained that the delay in installing cameras at UCCK was primarily due to the COVID-19 emergency, which, along with the lack of a detailed plan and space for the monitoring room, contributed to the postponement. Faton Hajzeraj, one of the accused, stated that during an on-site inspection with investigators, most of the equipment was found assembled, with some parts unassembled but stored at UCCK. He also claimed that the internal audit report incorrectly suggested misuse of the equipment, while the investigation report confirmed the proper receipt of all equipment.

During the closing arguments, the prosecution stated that sufficient evidence had been presented during the trial and proposed that the court find the defendants guilty. Conversely, the defence argued for the acquittal of the defendants. Attorney Armend Krasniqi, representing Faton Hajzeraj, emphasised that the offence occurred during the pandemic period and pointed out that the indictment did not identify any victim, including the University Clinical Center of Kosovo. He argued that for a criminal offence to exist, there must be an injured party, which he claimed was not present in this case. He further highlighted that key prosecution witnesses confirmed that no harm was caused to UCCK. Lawyer Fatbardh Makolli, representing Leutrim Jahja, argued that the indictment lacked essential evidence to support the charges. Lawyer Fitim Limani, representing Ylber Krasniqi, also noted that no witness testified that any damage was caused to UCCK.

On 17 September 2024, the basic court of Pristina acquitted the three IT officials. The court's decision concluded that there was insufficient evidence to support the charges against the accused. Judge Foniqi highlighted that the trial panel determined the defendants did not personally benefit from the alleged actions and did not cause any financial harm to UCCK. He also noted that UCCK management itself confirmed no damage had occurred.

Although the acquittal in this case suggests that no harm was caused by the defendants, several corruption cases in Kosovo have resulted in acquittals due to weak indictments, lacking clear and compelling evidence, which led the courts to exonerate the accused. That said, ensuring thorough scrutiny and transparency in public procurement is crucial to protect public funds, promote accountability and prevent the misuse of resources intended for the public good.