The police did not hand over all the evidence to the Prosecution regarding the Beqa-Elezi incident.
On November 29, 2023, in these environments where competition should be protected and collusion aimed at increasing market prices should be combated, public officials degraded themselves, getting into a physical fight.
The Director of the Competition Authority, Selajdin Beqa, had an incident with the former Acting Director of the Market Supervision Department, Shemsi Elezi.
The versions of what started the physical altercation differ.
The head of the Beqa institution says that Elezi had grabbed him by the throat, refusing to offer accountability, and in self-defense had pushed him, causing him to crash into the corner of the door.
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"I was continuing in my office, he was waiting for me there and with a threatening tone from the left side he declared to me not to send me any more emails like this and stop these requests. I said emails and job requests we will have continuously for work here. Then he grabbed me by the throat I tried to get him away and he wouldn't let go of my neck, he grabbed me by the throat, and at that moment I pushed him, I saw him hit the doorpost and half-fallen in the corridor, and I opened the door to enter my office. At that moment he woke up and cursed at me, then I told him you know my mother you were at my mother's, it's not good to curse like that. At that moment he rushed to hit me in this area but he couldn't hit me and then I pushed him back again and he hit the doorpost again and he fell and my colleagues intervened, that's all."
Unlike Beqa, Elezi says he had gone out to photocopy documents when director Beqa physically attacked him.
"Elezi: I was about to leave the office to go to the printer at the end of the corridor, and without a second thought, he came out of his office door and hit me in the body and head, and I suspect that even according to the analyzes that the forensic institute did, it is suspected of a strong, not sharp tool, that they may have given me God did not have, it may have been another tool, that when the work comes I will ask the institute to evaluate what tool, but I suspect that they may also have a weapon that hit me, he hit me in the neck and kicked me in other parts of my body, I had no chance, no movement, when he hit me in the head I fell to the ground And the whole time he hit me for a minute or two.
Journalist: So you're saying there was no discussion, there was a direct attack?
Elezi: No, no, no discussion, I just had my pockets full and went straight.
Journalist: And how much violence did he use, you say?
Elezi: "Whether it was 2, 3 minutes or 5 minutes, I don't know."
As a result, both of them reported the case to the police.
When the case was reported to the police, medical staff were also invited to check on them.
The reports describe the same situation for both.
Beqë's medical report states that "the patient complains of a headache and has slight scratches on his neck."
"Beqa: Yes, I received injuries to my neck, I had scratches, which I declared when I gave my statement to the police, for which I also have a photo that clearly shows the torn collar and scratches on my neck.
Journalist: Do you have a doctor's report?
Beqa: Of course.
Journalist: When did you receive the report?
Beqa: "During the time I was there, the police brought the medical team to the police station."
On the other hand, Elezit's medical report states "headache, neck pain."
Unlike Beqa, Elezi did not believe this medical report from the Emergency Medical Center in Pristina, and as a result had additional checks at the UCCK, which he did not perform immediately but in the evening.
"Elezi: They got quite a few scratches, and not just a scratch, but a blow to the head, all the photographers have.
Journalist: Do you have a medical examination that shows you received a blow to the head?
Elezi: Yes, I got it all.
Journalist: Do you have the medical reports with you?
Elezi: I have all the ones I have.
Journalist: What about the day they were made?
Elezi: That same day, in the evening, I went because I couldn't believe what the medical center, the family medicine center, had done. I went to the hospital with my friend and colleague Avni Gjocaj and we had all the tests done.
Based on the reports provided by Elezi, on November 30, Elezi called the Emergency Medical Center for a checkup, even though he says he did not trust the same center the day before.
However, not all of this evidence was deposited.
Police investigator Sabri Osmani, in the criminal report filed at the Basic Prosecution Office in Pristina, did not file Beqa's medical report at all.
In fact, Osmani had stated in the criminal report that Beqa had no signs of injury and as a result had not accepted a medical examination.
Thus, questioning the impartiality in the handling of this case by the Police.
Regarding this, "Oath for Justice" has requested clarification from investigator Osmani and sergeant in charge Naser Berisha as to why this evidence was not included in the criminal report, was not provided to the prosecution, and why he had falsely stated that Beqa had not received medical treatment, even though the invitation had been made by them and the medical treatment had been provided at the police station.
However, despite expectations, the Kosovo Police has not responded.
Shala on the Beqa-Elezi incident: There may be a criminal offense of forging an official document
Based solely on police evidence, the Basic Prosecution Office in Pristina has filed an indictment against Beqë, while describing Elezin as a victim.
In fact, Elez's described injuries were confirmed by the forensic expert, who concluded that in addition to scratches on the left side of his neck, he had also suffered a contusion to his head.
"Oath for Justice" has requested clarification from the prosecutor in the case, Besnik Jakupi, on whether Beqë's medical report was processed, and why he did not interview her if she accused Elezin of physically assaulting her, in order to ask her for supporting evidence for the statement she gave to the police, an action that would avoid bias on the part of the police investigator.
The prosecution's written response states that this document does not exist in the file submitted by the police officer.
No answer has been given yet as to why the prosecutor did not interview Beqe himself.
"The Prosecution, upon receiving the criminal report filed by the Kosovo Police, in the evidence received with the criminal report, there is no such document related to the medical report for the defendant Selajdin Beqa, and regarding the statement that the same was given to the police, the Prosecutor has assessed the defendant's defense, but the same's defense is not supported by any evidence and that the defendant made such a statement only with the aim of avoiding criminal liability," the Basic Prosecution Office in Pristina said in its response.
Beqa says that apart from the medical report, the prosecution's evidence is missing a photograph of the neck injury as well as the criminal report against Elezit.
"I noticed that my criminal report against him is missing from the file because he has constantly made threats, has communicated with foreign parties, and my medical document is also missing, and the photo, yes the photo is probably black and white, but now in communication with the prosecutor's office and the court we will see if my photo is there."
The failure to provide evidence by police investigator Sabri Osmani raises suspicions of committing the criminal offense of "falsification of an official document".
"In this specific case, the police officer is suspected of having in his file a crucial piece of evidence, the injuries of the party, which were also confirmed by a medical report. The failure to include this evidence and the conclusion that the party did not undergo medical examinations, calls into question the impartiality in the handling of this case. There may be a criminal offense of falsification of an official document here. There should be an investigation by the PIK," said the senior legal researcher at the KLI, Gzim Shala.
Did former judge Behrami influence the prosecutor to file the indictment against Beqa?
Doubts about this case are also raised by new evidence recently obtained. This photograph is a communication made by Elezi with the former judge of the Basic Court in Pristina, now lawyer Daut Behrami.
Based on the screenshot taken on the "Viber" communication platform, Behrami addressed Elezit two days before the indictment was filed with the words "Hello, friend, the order has been placed."
In the photo sent with this message, a computer is seen on which the indictment was being written.
The indictment in the photograph is the same as the one recorded.
Consequently, raising suspicions of influence peddling.
Elezi has admitted that he has known former judge Behrami for over 20 years.
Initially he says he has a social relationship, then denies it.
"Journalist: Can you tell us, Mr. Elezi, what kind of relationship do you have with the former judge of the Basic Court in Pristina, now a lawyer, Daut Behrami?"
Elezi: Any report, social report, anything else, I don't have any land.
Journalist: How long have you known each other?
Elezi: We've known each other for a long time, maybe 20, 25 years since the war.
Journalist: Do you have a close social or even family relationship?
Elezi: No, not family, I have no social relationship with him, he was a judge in Drenas, and I had to consult with him about these recent actions, and I tried as hard as I could to find people, and to consult with him about what to do."
When "Oath for Justice" appeared at the offices of former judge and now lawyer Daut Behrami, he initially said that he did not remember this case, demanding that the team vacate the office.
He has not admitted to having a social relationship with Elez, saying that they know each other since they live in the same city, and he has given advice to the same person when he had problems with property.
"Behrami: I am from Drenas and I worked in Drenas, and later I came to Fushë Kosovë and now I work in Fushë Kosovë.
Journalist: Yes, Shemsi Elezin, I know him.
Behrami: Yes, Drenas is a small municipality and we know each other as a district. I worked in the court in Drenas and I know Shemsi as a good family and he had some premises, some constructions, some problems with properties, and he consulted me earlier about evidence and some procedures.
Elezi has admitted that documents and photographs were leaked from his email as a result of hacking.
And among the many materials, there was also this photograph.
He confirms the authenticity of this photo but says the date of the conversation is manipulated.
Elezi, who is represented by the State Prosecutor as a victim, has engaged Rifat Kelmendi as an authorized lawyer.
But, Elezi seems to say that he also consulted with former judge and now lawyer Daut Behrami.
"Elezi: We consulted somewhere, because I chose my personal lawyer, someone we had nearby, I talked to Rifat Kelmendi.
Journalist: What did you consult with Mr. Daut Behrami about?
Elezi: I only consult with him based on his long experience, how a case can be handled, what can be added in the future as a case to the case I have.
Journalist: Have you consulted with Mr. Beqa about the incident?
Elezi: Yes, I'm mainly consulting, because there is a problem that it was not handled in the way that it should have been, an attack on an official person, and this was raised as a point of discussion during the representation in court.
Journalist: Yes, in your email, Mr. Elezi, there is a screenshot of your conversation with Mr. Behrami, "Hello, friend, the message has been sent", and in the photo is the indictment that was filed against the director general of the authority, Selajdin Beqa, for "light bodily injury", for the incident that occurred between you on November 29, 2023. This screenshot was sent to you a few days before the indictment was final and sent to you as a party and the other parties.
Elezi: This has nothing to do with it, this is their deception, Selajdin Beqës has nothing to do with my indictment, I have talked to the lawyer about the issues that I should raise in the future, how it is possible to raise the issue of the criminal code of assault on a public official. This was because I was injured, I also discussed with the police why you did not handle the case properly if you caused minor bodily injury, you had to do "assault on a public official".
Journalist: However, in the conversation you had on March 16, 2024, which is two days before the indictment is finally drafted and recorded, you wrote "Hello, friend, the order has been completed." The photograph that was sent with the indictment coincides exactly with the final indictment that was sent to you, Beqë, as the accused.
Elezi: This has nothing to do with it, there is the date, there is manipulation, that's why I said that the chances are that they manipulated me with my photos and all the documentation."
Elezi denies hiring former judge to influence indictment
Note that in the screenshot provided, it is clearly seen that after the text "Hello, friend, order completed", a photo of the indictment was immediately sent, and not the arguments for its completion. In the photo sent by former judge Behrami is the indictment, which is identical to the one filed. The criminal offense in the indictment sent by former judge Behrami is also "light bodily injury".
He says that Behrami told him "the order was fulfilled" not to influence the case, but to prepare all the arguments for the attorney hired by authorization, Ridvan Kelmendi, who are not even in the same office, the claims to change the criminal offense from "light bodily injury" to "assault on an official person."
"Journalist: And what did the lawyer, the former judge who is now a lawyer, who said the order was carried out, do? What was done? What did he do?"
Elezi: Calm down, what I told him, he took them to describe to have ready, so that when I go when he comes, he even told me to have Rifat as a lawyer, they took what I explained and I met him, and I don't know if we met or what they did, but I have to present them when the time comes for the official attack.
Journalist: Why did Behrami need to prepare it and not Rifat since you had him officially engaged?
Elezi: Look, he had great commitments, his experience in those cases, I had Rifat as a friend, the subject we had, I saw that he was determined and I took him on."
On the other hand, lawyer Behrami, when asked if the photograph showing the indictment being drafted was sent to him, denied it, even saying a few seconds ago that he did not remember this conversation taking place.
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"Journalist: A screenshot of his email has been secured where you said "Hello, friend, the order has been completed" and here is the indictment that Selajdin Beqës drafted for you and the screenshot was taken on March 16, 2024, two days before the indictment was recorded and delivered to the parties on the 18th.
Behrami: Alberta, what doubts are you having about your statements?
Journalist: No, but I'm here, Mr. Berhami. Is this communication between you and him?
Behrami: I didn't declare it, and he just sent it to me via email.
Journalist: Yes, did you have a quiet conversation?
Behrami: I told you I don't even remember, I don't even know, I didn't do anything. Whatever you have in your email, send me your questions by email.
Journalist: Have you had a conversation with him yet?
Behrami: No, no, Albulena, Alberta, I'm telling you that to be fair, send me all your questions by email because I'm not very urgent.
Journalist: Have you had a quiet conversation?
Behrami: No, no, I didn't have a conversation, I did everything you ordered.
Journalist: Why did you say the order was carried out for Mr. Elezi?
Behrami: Oh, I didn't have the conversation, I don't even remember when this conversation happened.
Journalist: 2024, a year ago.
Behrami: I don't remember.
Journalist: What did Mr. Elezi consult you about a year ago?
Behrami: I asked you to only send questions by email, and I will respond to them by email.
Journalist: What are you going to answer me in an email other than what you can answer me now?
Behrami: Your questions.
Journalist: I'm asking you, did you do it first and what did you say the order was fulfilled?
Behrami: I didn't do it, nor do I remember it happening.
Journalist: What did you consult about a year ago?
Behrami: I told you I've known him for a long time, but I don't know when I talked to him.
Journalist: Have you sent him any photos of the indictment?
Behrami: No, I guarantee you not.
Journalist: Now you remember, that earlier you told me that you don't remember when you had this conversation?
Behrami: Order?
Journalist: A few minutes ago you told me that you don't remember when you had this conversation, now you're saying you're sure I didn't send this photo.
Behrami: I didn't do it.
Behrami, asked if he knows the prosecutor in the case, Besnik Jakupi, refused to answer again.
"Journalist: Do you have relations with the district prosecutor Besnik Jakupi?"
Behrami: I was just saying in the email, don't stop me from praying that I'm working to deliver today that I have three items."
The Oath for Justice has also attempted to obtain a response from Elezit's authorized lawyer, Rifat Kelmendi.
However, he did not find the time.
Asked why he saved the conversation with Behram as a photograph, Elezi claims to have done it unintentionally.
While he says that the conversation he had with Behram on Viber has already been deleted.
"Journalist: Why did you personally screen-shot this conversation?"
Elezi: Do you know, is it possible that when you hold the phone in your hand or something that you can take full screenshots of, I don't even know, I've completely locked them, for example, I had an email or something in Russian and someone touched it with their hand, I did it completely by mistake, it has nothing to do with anything else.
Journalist: You're saying you did it unintentionally.
Elezi: unintentionally, and the screenshots I took on purpose.
Journalist: Okay, what did you do intentionally or unintentionally now?
Elezi: I did it unintentionally, but I don't know how I touched the phone."
Journalist: Did you have a Viber conversation with Mr. Behrami?
Elezi: No, I haven't deleted it for a long time, I deleted them because I deleted them, they are removed by themselves.
Journalist: Why did you delete them?
Elezi: They're hiding, you know why I don't want to see them on the computer, maybe I don't have them.
Journalist: And how can we argue that it's not the 16th, but another date, because it was taken from your photos in your Gmail?
Elezi: "Do you know how they manipulated me with all that information, how they manipulated me with everything, this is manipulation too?"
On the other hand, when asked if this indicates a tendency to intervene in the case, so that only Beqa would be accused, since he was accusing Elez of physical assault, he denied it.
"Journalist: Considering what we have as evidence, I take it from your email."
Elezi: Yes.
Journalist: Did you try to intervene in the case through Daut Behrami, who is a former judge and now a lawyer?
Elezi: Not one, I had no problem facing justice.
Journalist: No, I'm asking you very briefly and simply: You attempted to intervene in the case of an indictment being filed only against Selajdin Beqë and not against you, given that he also accuses you of being the first to initiate the attack on him.
Elezi: I have never tried to interfere with justice, I faced it on the first day, if it was necessary, I would have gone to detention immediately since all the signs are mine."
Elezi accuses his work colleagues of hacking his private email, from which the conversation emerged that raises suspicions of influence in the case.
"Elezi: It is possible that it is the general director, along with the head of the authority and the IT officer who holds two positions and is both the IT officer and the head of the division for prohibited agreements."
Journalist: Who are they? Can you tell us their names?
Elezi: Selajdin Beqa, chairman Naime Binaku Isufi and Albion Rexhepi.
"The accusations that I am calling Shemsi Elezi's accusation that I hacked are baseless, completely illogical and completely tendentious. Otherwise, I am the leader of the institution and my duties are clearly defined by the Law on the Protection of Competition," said Naime Binaku, Chairperson of the Competition Authority.
"He can accuse me in my capacity because I also perform IT duties at the Competition Authority, but I am a graduated lawyer, and I am not an IT specialist, much less a hacker to hack his private phone or email. When those attacks occurred on March 18, they reached all of us, including some other officials, and I immediately contacted the people responsible for blocking these emails, namely the IT of the Kosovo Assembly, and ASHI, who have taken several measures and blocked those emails," said Albion REXHEPI, Head of the Division for Prohibited Agreements at the AKK.
Regarding the possible impact on the filing of the indictment, "Oath for Justice" also asked prosecutor Jakupi.
However, he did not respond.
The failure to include all evidence in the criminal report by the Kosovo Police, the subsequent failure to interview the parties by the prosecutor himself, and the conversation between Elezit and former judge Behrami, raise suspicions about the commission of a criminal offense.
"Here we have a photo, which allegedly shows a communication two days before the indictment was filed, where the indictment is visible. This situation needs investigation. The criminal offense of exercising influence is committed even if the influence was not exercised at all. Faced with this claim, the State Prosecutor must also clarify her position, because it is about doubts regarding a document of hers, which is the indictment in question," said senior legal researcher at IKL, Gzim Shala.
On the day the Competition Authority opened an investigation into Devolli Corporation, this company attempted to file a merger request.
Another indictment was filed against Beqë, from the criminal complaint filed by the company Devolli Corporation, for committing the criminal offense of "violation of the right to exercise legal remedy".
In this case, the main and indisputable evidence, which is the camera footage, which refutes the main claim on which the indictment was filed, was not included.
How did this happen?
On March 20, 2023, the Kosovo Competition Authority commission convened a meeting in which the decision was made to investigate the company Devolli Corporation for the purchase of the company Kujtesa net in 2022, an action taken without notifying the authority, which, according to them, violates the free market.
"The investigation is taking place for an unnotified concentration, an unnotified concentration is when a company or enterprise acquires the assets or shares of another enterprise without notifying the Competition Authority by fulfilling the conditions of the concentration, the conditions are that one enterprise has over 3 million euros of turnover in the Kosovo market or over 20 million euros of turnover in the foreign market, and this is the reason why an investigation has been opened against Devolli Corporation", explained Albion REXHEPI, Head of the Division for Prohibited Agreements at the AKK.
After the conclusion of this meeting where the decision to investigate was made, the representative of the Devolli Corporation company, Arbresha Qena, appeared at the offices of the Competition Authority to submit a request for concentration.
"First of all, the administrative instruction for the notification of concentrations clearly states that the request for a stay must occur before the contract is signed, and now, in order not to enter into the case, it occurred earlier than 2024, before 2023, and since then Devolli Corporation has been obliged to notify the Competition Authority about this concentration, but it did so on the day of the opening of the investigation," added Rexhepi.
In the camera footage provided by "Oath for Justice", it can be seen that the time when Qena appeared at the authority's offices is 16:03.
As a result, it was unable to submit a request for concentration.
"When I saw Devoll, my curiosity was aroused even more, I said where is the party, the party said he is here. I sat the party in my office, and we told him that it was after 4 o'clock. With the responsible official, we checked whether he entered before 4 o'clock or after 4 o'clock during the official working hours of the authority. At that moment, I introduced myself to him, I also introduced my other colleagues and I told him that an investigation has been launched against you. It is a strange fate in our country that for the first time in its life since November 7, when this institution was founded, we have never had such a case, launching an investigation against two companies and after 10-15 minutes making the same request."
As a result, Beqa says that there are suspicions that there was a leak of information.
"Journalist: Have you had any leaks?"
Beqa: According to our suspicions, yes, because we concluded at that moment, when we saw that he had arrived after 4 o'clock, we instructed him to come tomorrow, and we had no chance. Also, the legislation, the legal framework, does not define this situation, because they had time, the contract was signed between SV and Kujtesa on May 6, 2022, at the time when we had our suspicions and on those suspicions we had opened an investigation in December of that year, and there would be no step or loss of the legal deadline if he had come tomorrow or after a week or two weeks, there was two years of time.
The same was instructed to file the request the next day, March 21, 2023.
But, even on this day, Beqa says the request should not have been filed immediately, since the fact that the company was requesting the submission of the merger request two years late, and precisely on the day when the institution had made a decision to investigate, was an unprecedented situation, so they did not know how to act.
"Beqa: In the meantime, the chairwoman has called an emergency meeting at 8:30, and I have presented this case as a secretariat to the committee for the committee to decide. The committee has decided with my proposal, as can be seen in the minutes of the March 21 meeting. I have proposed that it be accepted as such. Due to the principle of legality, we have opened an investigation, and as a preliminary matter, we will discuss it after the investigation that we had started is decided.
Journalist: What time was the party here?
Beqa: The entire event is recorded, and sometime before 10 o'clock the party concluded its work after the committee voted to accept their proposal,
Journalist: However, the party was here before 8 o'clock.
Beqa: He came just before 8 o'clock, he came once or twice and we told him to wait until the committee decides whether to accept him or not.
As a result, the request was filed.
Prosecutor Zeka did not take the camera footage as evidence, filed an indictment based on witnesses
However, the company Devolli Corporation had filed a criminal complaint with the Basic Prosecution Office in Pristina against Director Beqa, accusing him of "violating his right to exercise legal remedies" with these actions.
For this reason, "Oath for Justice" has requested to conduct an interview with the representative of the Qena company, as well as the contract manager for the purchase of the Kujtesa company.
However, they have not responded to the request sent via email.
As a result, in the statements of the employees of the Kosovo Competition Authority, all of them stated that the representative had arrived at the end of the working hours and not outside of them, contrary to what the camera footage argues.
Thus, raising suspicions about possible collaboration with the company Devolli Corporation.
The prosecutor in the case, Kushtrim Zeka, relied solely on the statements of the parties, which contradicted the camera footage. Thus, Zeka filed an indictment against Beqa.
The camera footage, which argued that the company representative had shown up at the office outside of working hours, was not taken as a basis.
In Prosecutor Zeka's written response, it is stated that the security camera footage was not relevant at any point, thus giving credence to the statements of the authority's employees.
Moreover, the company Devolli Corporation had attempted to file the request on the very day the commission had made a decision to investigate.
"This conclusion was reached based on the statements of witnesses who described in detail the actions of the complainant and the defendant, namely they stated that the complainant arrived at the AKM offices within working hours, for which they began recording the document and issued the payment slip.
"The security camera footage was not relevant at any point, considering the fact that the document reception officers at the AKK stated that the party arrived within the scheduled time, where they began receiving and recording the documents, but were then prevented and not allowed by the defendant to complete the initiated procedure," prosecutor Zeka's response states.
Prosecutor Zeka was also asked whether he had conducted an investigation into the criminal offense of "disclosure of official information" given that the company had attempted to file the request on the very day the decision to investigate was made.
However, he did not respond.
"Your claims that the request was submitted two (2) years late and in violation of the Law are not at all relevant to the criminal procedure due to the fact that they should have been assessed by the competent body, namely by the authority to which the request was addressed.
"Therefore, based on the evidence elaborated in the indictment, the State Prosecutor has requested the competent Court to declare the defendant guilty and punish him according to the Law," states Prosecutor Zeka's response.
"The State Prosecutor has the duty to collect all evidence, both incriminating and exculpatory. Focusing only on one side of the coin raises doubts about impartiality in handling the case. In this situation, the State Prosecutor cannot a priori say that I will base my case only on statements and not on other evidence. What should have happened is to also take the camera footage and evaluate all the evidence together, to come to a conclusion. Furthermore, it is unclear how it comes to the conclusion of the commission of this criminal offense, while the party: 1) had the opportunity to submit it tomorrow, without any legal consequences 2) had the opportunity to submit it by mail", said the senior researcher of the KLI, Gzim Shala.
The prosecution and the police, two truth-seeking bodies, became two bodies that pursued sides.
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Their prosecution for the omissions made remains in the will and professionalism of the Kosovo Prosecutorial Council and the Kosovo Police Inspectorate, after the broadcast of the investigation by "Oath for Justice".
