On January 20, the Supreme Court of Kosovo closed the so-called “Pronto” case with no convictions after it acquitted Ilhami Gashi of two offences of violating the equal status of citizens.

The country’s top court overturned the previous judgment of the Court of Appeals, which had sentenced Gashi to probation of one year and four months, plus a ban on exercising functions in public administration or public service for two years.

The Supreme Court found that none of the prescribed crimes based on the evidence administered had been proven.

The “Pronto” affair, as it was nicknamed, became known through the publication of phone calls of political officials by online media in 2016, where senior officials of the ruling parties employed relatives without participating in any competition processes.

The Special Prosecution filed an indictment in April 2018. Eleven persons with important official functions were charged, among them former MP Adem Grabovci, former minister Besim Beqaj and former MP Zenun Pajaziti.

According to the Special Prosecution, the 11 – Grabovci, Beqaj, Arbenita Pajaziti, Ilhami Gashi, Njazi Kryeziu, Zenun Pajaziti, Fatmir Shurdhaj, Sedat Gashi, Ismet Neziraj, Xhavit Dakaj and Rexhë Abazi – committed the crime of violation of equal status of citizens and residents of the Republic of Kosovo in co-perpetration with one another. 

According to the indictment, the defendants abused their official positions by cooperating with each other to grant illegal privileges and advantages to persons competing for important positions. 

The court of first instance on January 3, 2020, released the defendants from the charge of violating the equal status of the inhabitants of Kosovo.

The Supreme Court found that the Court of Appeals did not establish the political affiliation of any of the employed persons, i.e. their connection as a member or proximity to the political entity that was the reason for granting the privilege or priority, enabling their employment on this basis. 

According to the Supreme Court, the candidates who were not hired also did not initiate any legal proceedings to oppose the selection of employees and so also, through no fault of their own, were not part of this trial, and were not heard as witnesses or injured parties during the investigative procedure nor during the court procedure. 

The issue of employment and segregation of posts, based on party affiliation and personal relationships, is a problem that has long dogged Kosovo law enforcement agencies, media and civil society.