Retrial for LVV activists, Appeal overturns the decision of the Constitutional Court for incitement of hatred and intimidation

Four Vetëvendosje activists, including spokesperson Arlind Manjhuka, will be retried for posts made in 2022 against a judge and now former prosecutor, after the judiciary released the suspect from custody for an attack on the Municipal Election Commission building in North Mitrovica. The Court of Appeals ruled in favor of the prosecution after Manjhuka's release, while upholding the appeals of three activists who were sentenced to 6 months in prison.

The Court of Appeal has remanded for retrial the decision of the Constitutional Court against the spokesperson of the Vetëvendosje Movement, Arlind Manxhuka, and three other activists, Egzon Azemi, Edi Zenelaj and Qerim Elshani, in the case of inciting hatred and threatening Judge Mentor Bajraktari and former special prosecutor, Afrim Shefkiu.

The second-instance decision was made following appeals from the Special Prosecution Office and the defendants' lawyers.
The Constitutional Court had acquitted Manjhuka of the charge of inciting hatred, and sentenced Azem and Elshan to 6 months in prison each for intimidation, while Zenelaj was sentenced to 6 months in prison for inciting discord and intolerance.

For Manjhuka, the Appeals Court found that the Special Prosecution's appeal is well-founded, because the Basic Court did not explain that his actions do not meet the elements of the criminal offense for which he is accused.

"Also, no justification is provided regarding the way the evidence was assessed in relation to the criminal offense and its elements, as well as regarding the conclusions drawn by the court, including the case where it is found that the publication of the article (status) on Facebook by the accused, with the content described in the indictment, did not consume the elements of the criminal offense for which he is accused."

The appeal has ruled in favor of the three convicts, who appealed the Basic Court's decision.

According to the second instance court, in relation to the accused Azemi and Elshani, the verdict of the Basic Court contains essential violations of the procedural provisions. The ruling states that sufficient reasons were not given regarding the main facts that constitute the criminal offense.

"These posts and comments were made from their personal profiles and do not appear to have any concrete reference to an identifiable person by name, surname, position or official function. In this case, the court has not provided clear and sufficient reasoning as to how it found that the posts and comments published by the defendants were directed against the injured parties MB and AS H."

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And for the other defendant Zenelaj, in the Appeals ruling, it is stated that the reasoning of the verdict is limited only to the interpretation of the content of the graffiti written and published in public spaces with the content "Pillar of shame, judge MB and prosecutor A. SH.".
The Court of Appeals has requested the Basic Court to retry this case, administering the evidence proposed by the parties.

In this case, the Special Prosecution Office has accused Manjhuka and Azemi of inciting hatred and impatience towards Judge Bajraktari and Prosecutor Shefkiu with a post from December 2022. Azemi had shared the quote "traitors, they deserve the bullet" and Manjhuka wrote that "this act is an act of treason." 

The posts were written at the time when the security measure was changed from detention to house arrest for Dejan Pantic, accused of attacking the MEC office in North Mitrovica.