11 July 2012

A mixed panel of one EULEX judge and two local judges at the Supreme Court of Kosovo ordered the retrial of B.J., M.G. and S.Z., police officers, charged with abuse of official position or authority and smuggling of migrants and B.D. charged with money laundering and facilitation of prostitution.

The Supreme Court panel granted the appeals of the defence counsels on behalf of B.D. and the appeal of the special prosecutor against the judgment of the District Court of Prishtine/Pristina. The panel annulled the first instance verdict sending the case back for retrial, because of grave contradictions between the decision and the reasoning, insufficient establishment of facts and – depending on the proper assessment of evidence – the need to re-qualify the criminal offenses committed.

The District Court of Prishtine/Pristina acquitted the defendants B.J., M.G. and S.Z. for lack of evidence. The defendants were accused of admitting several persons illegally for entry into Kosovo and in that way obtaining unlawful material benefit while abusing their authority as police officers.

B.D. was acquitted for the charge of money laundering but convicted for facilitating prostitution. He was accused of recruiting, organizing and assisting a number of foreign women for the purpose of prostitution and selling their sexual services to clients as the owner of nightclub “Victoria”.

The case was prosecuted by a local special prosecutor from the Special Prosecution Office of Kosovo and in the course of appeals supported by EULEX prosecutor from Office of the State Prosecutor of Kosovo.