An indictment filed in the case “Brezovica 1”
Ferizaj, December 9, 2022- The Basic Prosecution Office in Ferizaj, Department for Serious Crimes, informs the public that has filed an indictment against twelve (12) defendants in the “Brezovica 1” case.
According to the indictment of the Prosecution, there is a well-founded suspicion that the defendant B.N., as an official person - Mayor of the Municipality of Shtërpce, has misused his official position, with the aim of obtaining financial benefit for himself, enabling the granting of construction permits in the National Park “Sharri”, in the third and second zone of the weekend zone in Brezovica, in which case has committed the criminal offense “Misuse of official position or authority” under article 422 par.1 of the Criminal Code of the Republic of Kosovo. For the same, there is a well-founded suspicion that he also committed the criminal offenses "Taking a bribe" under article 428 par.2 of the CCRK, "Exercising influence" under article 431 par.1 of the CCRK, as well as the criminal offense "Unauthorized ownership, control or possession of weapons" from article 366 par.1 of the CCRK.
Against the defendant D.R., there is a well-founded suspicion that in 2016, as an official, Director of the Department of Urbanism in the Municipality of Shtërpce, he has misused his official duties, with the aim of obtaining financial benefit for himself, thereby committing the criminal offense “Misuse of official duty or authorization” under article 422 para 1 related to article 2 subpar 2.2 of CCRK. According to the Prosecution Office, there is a well-founded suspicion that he also committed the criminal offenses of “Accepting a bribe” under article 428 para 2 of the CCRK and "Unauthorized ownership, control or possession of weapons" from article 366 par. 1 of CCRK.
Against the defendants D.R., H.B., and D.M., there is a well-founded suspicion that from the beginning of 2013 until December 21, 2021, in co-perpetration, as official persons, the first defendant is the director of the Department of Urbanism, while the second defendant and the third as a municipal construction inspector in the Directorate of Urbanism - now the Directorate of the Inspectorate in the Municipality of Shtërpce, have not fulfilled their official duties, in accordance with Article 24 of the Law no. 04/L-175 on the Inspectorate of the Environment, Water, Nature, Spatial Planning and Construction, with the aim of obtaining financial benefit for themselves, in such a way that after the agreement to allow constructions without permit, in order to obtain financial benefit for themselves, thereby have committed the criminal offense “Misuse of official duty or authorization” under article 422 par.1 related to par.2 subpar 2.2 of the CCRK. Likewise, there is a well-founded suspicion based on which the same persons have also committed the criminal offense of “Accepting a bribe” under Article 428 par 3 related to Article 31 of the CCRK.
Against the defendant S.M., there is a well-founded suspicion that from the beginning of 2010 to the end of 2014, as an official person, Head of the Cadastre Directorate in the Municipality of Shtërpce, and a member of the Assembly of Kosovo, he directly asked for and accepted money for himself in order to act contrary to his official duties, with this he has committed the criminal offense of “Accepting a bribe” under article 428 par 2 of the CCRK.
According to the Prosecution, against the same, there is a well-founded suspicion that he also committed the criminal offenses “Trading in influence” under Article 431 par.1 of the CCRK and “Unauthorized ownership, control or possession of weapons” under Article 366 par. 1 of the CCRK.
Against the defendant A.Ç- there is a well-founded suspicion that during 2016 and 2017, as an official - General Secretary of the Ministry of Environment and Spatial Planning in Prishtina, he misused his official duties with the aim of benefiting financially for other thereby committing the criminal offense “Misuse of official duty or authority” under Article 422 par. 1 in conjunction with par 2 subpar 2.2 of the CCRK.
Against the same, there is a well-founded suspicion based on which he has also committed the criminal offense “Unauthorized possession, control or possession of weapons”under Article 366 par. 1 of the CCRK.
Against the defendant B.H., there is a well-founded suspicion that from the beginning of 2013 until December 20, 2021, as an official person-Chief Inspector in the MESP, he did not fulfill his official duties, in accordance with Article 7 of the Environment, Water Inspectorate, of Nature, Spatial Planning and Construction no. 04/L-175, with the aim of benefiting for other, thereby he failed to take legal-executive actions, to prohibit the construction of weekend houses and hotel facilities in the National Park “Sharri”-weekend area of Brezovica, even though he was aware that the objects were being built without environmental consent or permit and near the river, and some constructions in the second zone of the Park, he committed the criminal offense of “Misuse of official duty or authority” under article 422 par. 1 related to par. 2 subpar 2.2 of the CCRK. For the same, there is a well-founded suspicion that he also committed the criminal offense “Misuse of official position or authority” under Article 414 par 1 of the CCRK.
Against the defendant M.H., there is a well-founded suspicion that from the beginning of 2013 until the end of 2020, as the official person - Head of the Department for Environmental and Water Protection in the Ministry of the Ministry of Environment, he did not fulfill his official duties in accordance with Article 8 of the Law on the Inspectorate of the Environment, Water, Nature, Spatial Planning and Construction no. 04/L-175, on the other hand with the aim of obtaining a financial benefit for other, has hereby committed the criminal offense of “Misuse of official duty or authorization” under Article 422 par.1 in conjunction with Article 2 subpar 2.2 of the CCRK.
Against the defendant H.A., there is a well-founded suspicion that from the beginning of 2014 to 2016, as a natural person, he indirectly gave money to an official person to act contrary to his official duties, and he committed the criminal offense “Giving a bribe” under Article 429 par 3 of the CCRK. For the same, there is a well-founded suspicion that he also committed the criminal offense “Trading in influence” under article 431 par.2 of the CCRK-
Against the defendant S.S., there is a well-founded suspicion that in 2016, he helped the defendant B.N. in the commission of the criminal offense of “Accepting a bribe” under Article 428 par.2 of the CCRK, with the aim of acting contrary to official duties, with this he has committed the criminal offense “Accepting a bribe” under Article 428 par.2 related to article 33 of the CCRK.
While, according to the Prosecution Office, there is a well-founded suspicion that in 2016, he assisted the defendant B.N. in the commission of the criminal offense of “Accepting a bribe” with the intention of acting contrary to official duties, thereby committing the criminal offense of “Accepting a bribe” under Article 428 par.2 related to Article 33 of the CCRK.
However, against R.B., there is a well-founded suspicion that from the beginning of 2013 until December 21, 2021, as an official person - Head of Personnel in the Directorate of Urbanism in the Municipality of Shtërpce, he misused his official position with the aim of obtaining financial benefits for himself, thereby committing the criminal offense “Misuse of official duty or authorization” under Article 422 par.1 related to par.2 subpar.2.2 of the CCRK. In addition, there is a well-founded suspicion that he has also committed the criminal offense of “Accepting a bribe” under Article 428 par.2 of the CCRK.
The prosecutor of the case, Mr. Rasim Maloku, having filed the indictment, has proposed that the defendants declare guilty and punished according to the law for the criminal offenses they are charged with.
