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Fiks Fare denounced on Monday evening a scandal in justice, where an detainee could escape, not from the cell, but from the hotel room, with decisions of the prosecution and the court.
The investigative show provided dozens of documents on the departure from the place of residence of the citizen Sebastjan Viljamov, with Serbian citizenship and Albanian nationality. He was able to leave on January 1, 2019 from the hotel “Gjallica” in Kukës, where he was placed under the measure “house arrest” by the Court of Kukës.
Three years after this scandal, the only “responsible” for the escape is just a simple police officer, the father of 4 children. Against others, prosecutors, judges or leaders of the Kukes Police, no investigation or punishment.
In the editorial office of the investigative show Fiks Fare complained Xhevair Nërguti, who was a police officer of the basic role, stationed for storage in the escort rooms of the Kukës Police. But, from November 2019, at the time of the arrest of the citizen Sebastian Viljamov, he was “ordered” by his superiors to keep him in a hotel, where the detainee was left under “house arrest”. “I was a police officer and we were ordered to keep him in a hotel. The hotel ‘Gjallica’ where it was located had 7 doors. The court wrote in the decision that the judicial police were ordered only to execute the decision.
But the judge had not written whether or not he should be saved. Or who should guard it. He only wrote that the detainee should not leave the hotel. We were ordered by the leaders of the Kukes Police. Once we save it, once we do not take personal belongings. He had phones and everything else. It was located in the center of the city, “said the complainant, a former police officer. He further claims that the Albanian-Serb escaped from the hotel on January 1, 2019. “3 people came and searched for him. It was the first day of the year. The police were on alert, and in addition to me and my colleague inside the hotel, there were also patrols outside. The detainee goes down to the cafe with these people. I go to get food in the room, as there was no kitchen that day. My colleague stayed at the bar. “When I came, he had left,” says Xhevairi, while claiming that he was accompanied by 3 citizens who helped him, and even showed up voluntarily at the police station.
But, in the decision it was written that the two police officers are “arrested in flagrante delicto”. “We went alone,” he says, as after two days the court released them with the obligation to appear. Meanwhile, since I fled to Italy, I had 4 children to support, plus I was expelled from the State Police. Proceedings and trials continued and I was eventually sentenced to 18 months probation. Meanwhile, the case is shared with my colleague and he acquits. “The only official I was convicted of was me. Nobody else. Not even the judge who left him at the hotel. Nor the representatives of the prosecution who changed their position, once in prison and once under house arrest. Nor the police chiefs who changed search warrants. “Only me,” he concludes.
Fiks Fare has secured the court decision, which left him under house arrest at the Sebastjan Viljamov Hotel. The decision was given on November 12, 2018, by Judge Erjon Çela.
It states that on November 9, 2018, Sebastjan Viljamov, a citizen born in Prizren, Kosovo and a resident of Belgrade, Serbia, was arrested at the Morina Customs, as the system resulted in “a request from the Croatian authorities. The court in Rijeka had twice sentenced him to 3 years in prison, on charges of wounding, evasion, forgery, etc.
After the arrest, the Kukës Prosecutor’s Office submitted to the court the request for the validation of the arrest as legal and the appointment as a measure “prison arrest”. The decision states that during the trial of the case, the prosecution body asked the court to impose the security measure “house arrest” on the detainee and not the one originally requested. The cause was a notarized statement, where the owner of a hotel stated that she could stay at the hotel “Gjallica”. Meanwhile, at the hearing, the defense also asked to be left under house arrest, as requested by the prosecution!
Further, the decision states that “the court considers that the security measure of arrest in prison initially requested by the prosecution would be the most appropriate security measure, pending extradition. But, he writes that, “the court can not impose a more severe security measure than the one requested by the prosecutor”. According to the decision, “the measure to be imposed is that of house arrest. The detainee is ordered to stay and not leave the address: “Hotel Gjallica”, in neighborhood no. 2 in Kukës. In point 3 of the decision, it is written; the Judicial Police at the Kukës Police Commissariat is ordered to execute this decision. So, in no case in the 11-page decision, the court did not order the detention of the arrested with police in the hotel !!
Meanwhile, Article 237 of the Code of Criminal Procedure reads “the court orders the defendant not to leave his apartment”. Point two writes that “when imposing this measure, the court also determines the manner of its execution and supervision”. But, in no case, the court has not determined the manner of execution and supervision of the detainee, leaving him in a hotel in the middle of Kukës! What followed, the escape, not from the cell, but from the hotel room!
***
Conversation between the complainant and the leaders of the Kukes Police
Chief of Order – You know very well, I have left 11 written assignments in the minutes of receiving and submitting the service. Among other things I have said that when he receives it, when he delivers it, he must be physically there. Consequently, what came after that, you replied, is part of the justice system. There is no leader who says do not save Tahiri, it has nothing to do with me.
Whistleblower – The court does not have the writings to be guarded by patrol and it says that….
Chief of Order – ëëëë
The complainant – And the Court of Appeal…
Chief of Order – Listen, listen. It says a line written exactly in three letters that says “there is a risk of escape”. It does not say to be saved with order services!
Whistleblower – That this is our order…
Chief of Order – Go get there… When I made the decision that Sebastian, where is Rita Gjati, my aaa ëëëë. Where is Rita Gjati (case prosecutor) oooho. Here is the last sheet.
Whistleblower – I want to get the signature that I had planned at the place of detention in the organic.
Chief of Order – Yes. Yes well we have you ordered. We did not take you privately, we took you officially. Plan them with service
Whistleblower – Patrols have no right to detain persons under house arrest…
Chief of Order – He knows! Those who judge him know, not me (the leaders and former leaders of the Kukës Police).
Whistleblower – Then you told us to go on duty there.
Chief of Order – Yes, no, no one denies that. I do not deny this.
Whistleblower – Who gave the order?
Chief of Order – Then, through the lawyer, you will make a formal request to the police station, for protocols.
Whistleblower – Normal, protocols. What about the director or the chief of the police station?
Chief of Order – Chief of the police station. There were protocols (orders), Agim Basha was the Chief of the Commissariat, I was the Chief of Order. I was the author who left the assignments. (Request) must be protocol in the secretariat.
The complainant – I was the only one burned for this work, the one who was with me was acquitted.
Chief of Order – Ok, in Sebastian’s decision, there was writing on a page back saying “there is a risk of escape”.
The complainant – There was no security to leave him there, I understand, Hotel “Gjallica” knows how many hectares it is.
Chief of Order – On the other hand, a foreign citizen with Albanian legislation, should not be kept in a private environment. Here I said there. That you were negligent is your job.
Whistleblower – We were with the commander of our group day and night. There were also two policemen in front of the hotel, you know very well.
Chief of Order – Where did the officer go, Muharrem Kolaveri? Was he expelled ?!
Whistleblower – Yes.
Chief of Order – Made a note after Sebastian’s departure, in the service planning book, who is the one who ..
The complainant – Yes and Gani Gega, asked them to remove the phone (arrested). The Director of Police told him, let him not deal with it, let the service police officers deal…
Chief of Order – Only in the secretary can you find…
The complainant goes to meet Officer Gani Gega
Whistleblower – For my problem, only for the word that has been expressed, the Director of Police has told you, let the services guard there, you have no job at the moment.
Officer Gani Gega – He told me, he did not tell you!
Whistleblower – I understand he told you.
Officer Gani Gega – I made it big (Sebastian’s phone), even the director’s patrol is useless… Do not conflict with him. That’s it!
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