Prosecutor Avni Namani has called for the conviction of acting Minister Xhelal Sveçla in his closing arguments in the trial over the use of tear gas in the Kosovo Assembly in 2018.
Prosecutor Namani said that, based on expert reports, a tear gas canister is considered a weapon.
He announced that the Prosecution had dropped the charge of “Obstructing an Official Person in the Performance of Official Duties” because the statute of limitations had expired, while requesting that Sveçla be found guilty and sentenced for the use of a weapon or dangerous instrument.
“The operative part of the indictment is amended so that it now states that the defendant, Xhelal Sveçla, in 2018, in the plenary session hall of Kosovo, during an extraordinary plenary session, used a weapon — a tear gas canister containing… — in an intimidating manner against MPs and other people present in the hall. On several occasions during that session, he activated the canister and threw it inside the plenary hall without any prior warning and without giving those present an opportunity to leave, causing irritating gas to spread throughout the enclosed space.
As a result, those present, fearing for their health, were forced to leave the Assembly session, and the session was interrupted. He committed the criminal offense of using a weapon or dangerous instrument. The Prosecution withdraws the charge of obstructing an official person because the statute of limitations for this offense has expired. The remainder remains unchanged. I propose that the court find the defendant guilty and sentence him in accordance with the law,” he said.
Fitore Pacolli-Dalipi, Drita Millaku and Salih Zyba are also charged in the same case, although proceedings against Sveçla have been separated.
On June 6, 2024, the Basic Court in Pristina confirmed the indictment against Sveçla, Millaku, Zyba and Pacolli-Dalipi over the use of tear gas in the Assembly in March 2018.
The Basic Court’s decision was subsequently upheld by the Court of Appeals.
At the initial hearing held on March 26, 2024, all four defendants pleaded not guilty to the charges related to the use of tear gas in the Assembly.
Minister Sveçla and the three MPs — Millaku, Zyba and Pacolli-Dalipi — were also charged with the criminal offense of “Obstructing an Official Person in the Performance of Official Duties.” However, at the initial hearing, the judge in the case, Sabit Sadikaj, announced that the absolute statute of limitations for criminal prosecution on this charge had expired.
According to the indictment, which was reportedly filed on July 29, 2019, Sveçla, Millaku, Zyba and Pacolli-Dalipi are accused of setting off several tear gas canisters on March 21, 2018, between approximately 12:10 p.m. and 3:40 p.m., and throwing them inside the Kosovo Assembly chamber while a plenary session was underway.
The indictment states that, as a result, all MPs were forced to leave the Assembly chamber, preventing the session from continuing.
Each defendant is individually charged with the criminal offense of “Use of a Weapon or Dangerous Instrument” under Article 375, paragraph 1, of the Criminal Code, an offense punishable by one to eight years in prison.
Under the second count, each defendant was also charged with “Obstructing an Official Person in the Performance of Official Duties” under Article 409, paragraph 1, of the Criminal Code, for allegedly preventing members of the Kosovo Assembly from carrying out their official duties. This offense is punishable by three months to three years in prison.
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