The Court of Appeal has upheld the first instance verdict issued by the Basic Court of Ferizaj, confirming that Dardan Krivaqa, accused of the murder of Marigona Osmani, will serve a life sentence. The Appeal has also upheld the 15-year sentence against Arbër Sejdiu, accused of aiding and abetting the aggravated murder.
"The Court of Appeal of Kosovo has rejected as unfounded the appeals of the Basic Prosecution Office in Ferizaj, the representatives of the injured parties MO and VO and the defense attorneys of the accused DK and AS, confirming the verdict of the Basic Court in Ferizaj-Department for Serious Crimes," the Appeals Office announced.
appeal has assessed that the appeal claims of the prosecution and the defendants' defense attorneys regarding essential violations of the provisions of criminal procedure are unfounded, and has also found that there are no other violations of the provisions of procedure, for which this court takes care ex officio, which would condition the annulment of this judgment.
"The trial panel assesses that the first instance court has analyzed all the evidence processed during the main trial and has presented its conclusions regarding this evidence, which it assesses as fair, objective and lawful. Regarding the appeal claims regarding the erroneous and incomplete determination of the factual situation, the trial panel finds that the first instance court has correctly and completely determined the factual situation, because the evidence administered during the main trial has established that the defendants DK and AS have committed the aforementioned criminal offenses, for which they have been found guilty," the Appeals decision states.
Whereas, regarding the appellate claims regarding the violation of criminal law, the Court of Appeals assesses that the first instance court correctly and fully assessed the circumstances that influence the determination of the type and amount of the sentence, while in relation to the appellate claims of the defense counsel of the accused Krivaqa, claiming that the first instance court acted contrary to the legal provision, because it found the imposition of a life sentence prohibited and impossible, the Court of Appeal assessed that this claim does not hold true.
On August 4, 2023, the Basic Court of Ferizaj sentenced Krivaqë to life imprisonment, while acquitting him of the rape charge. Sejdiu was sentenced to 15 years in prison for aiding and abetting the murder of Marigona Osmani. The latter was also acquitted of the rape charge.
The case was returned for retrial with the approval of the Court of Appeals, on July 29, 2024. Even then, the Basic Court had found Krivaq guilty, sentencing him to life imprisonment.
18-year-old Marigona Osmani was murdered on August 22, 2021, in the apartment of the main accused, Dardan Krivaqa, in the city of Ferizaj.
