Indictment for abuse of official position or authority
Prishtinë, Decenber 30, 2019 – The Special Prosecution Office of the Republic of Kosovo has filed an indictment with the Special Department in the Basic Court in Prishtina against the defendants: N.R, K.H, Sh.Z., E.G., Sh.M., L.Th. , L.K and A.Z, for the offense of "Abuse of official position or authority", by article 422 par. 1 in connection to article 31 of the CCRK.
The defendants N.R, K.H, Sh.Z, and E. GJ, in co-operation during 2018, in order to enable unlawful profits to some companies, have acted unlawfully and have intentionally acted contrary to Law 04 / L-090 amending the Law 03 / L-098 on Agriculture and Rural Development, article 5.1, article 8, article 13, par. 1.2, Article 4, Article 14.2, Law 03 / L-098 on Agriculture and Rural Development, Sections 8 and 9, Regulation (RCC) no. 37/2013, Section 7.1, paragraph 1.1, Guidance and Manual on Concept Drafting documents by the Office of the Prime Minister.
The defendant N.R. in the capacity of Minister in the Ministry of Agriculture, Forestry and Rural Development (MBPZHR) has exceeded its competences, drawing up a "special program" with no separate budget allocated for this project, set criteria, defined regions for funding, the grant amount, bypassing also the regular special program design procedures, which was the responsibility of the MBPZHR, Rural Development Policy Department, overlapping between measures with the regular program. Also, on 26.03.2018 has unlawfully issued the decision for drafting new policies for further development of rural infrastructure and increasing competition in less developed rural areas, whereby the program submits itself, completed, (whereas the commission had only formally formed).
Whereas, the defendant K.H. in the capacity of the Secretary General in the Ministry of Agriculture, Forestry and Rural Development, has exceeded its competencies, illegally issuing a decision to unlawfully profit various companies, has appointed a working group composed of 11 members for the preparation of investment in rural infrastructure, being aware that this group was not competent and had no knowledge of drafting this program, while being aware that this group was only formal, knowing that the draft was submitted by the minister himself N.R
The defendant Sh.Z. in the capacity of an official person in the Ministry of Agriculture, Forestry and Rural Development, during 2018, acting unlawfully has drafted and approved Administrative Instruction no. 09/2018 on the implementation of the special program “Less developed rural areas”, although it knew that this program was drafted in violation of Law 04 / L-090, amending Law 03 / L-098, on Agriculture and Rural Development and Regulation (QRK) no. 37/2013, passing the regular procedures of drafting the special program that is the responsibility of the MBPZHR Rural Development Policy Department.
Whereas, the defendant E.GJ, in the capacity of the official person acting Acting Chief of the AZHB, illegally made the decision to establish a working group that would perform administrative control, evaluation, approval and contracting. of rural infrastructure measure projects, consisting of: L.K, Sh.M, A.Z and L.Th, passing the fact that this team had to be formed by the director, monitored by the director and report to the Director of the Directorate for Approval Projects and Rural Development. Thus, the defendant E.GJ acted intentionally to enable various companies to profit illegally, as he himself was part of the group when the minister submitted the ready draft, acting on in this way, the budget of the Republic of Kosovo in co-operation caused damage in the amount of EUR 4,000,000.
With these actions the defendants N.R, K.H, Sh.Z, and E.G., in co-operation, have committed the criminal offense of "Abuse of Official Position or Authority", by article 422 par. 1 in connection to article 31 of the CCRK.
Also, the Special Prosecution Office informs that the defendants, Sh.M, L.Th, L.K and A. Z, on 14.08.2018, interacting in the capacity of official persons with MBPZHR acting unlawfully in order to allow unlawful acquisitions of some companies, which have not met the legal requirements set out in Administrative Instruction 09/2018, for the implementation of the special program “Less developed rural areas”, in co-operation have committed the offense “Misuse of official position or authority”, by article 422, par. 1 in connection to article 31 of the CCRK.