LEX note turning Faik Graina into retrial Appeli wants to whiteen up why it wasn’t destroyed without permission

Kosovo’s Appeals Court has turned a part of the case against the former director of Urbanism and Environment in Ferizaj, Faik Grainca, while on the other charges against him it has listed the absolute prescription of prosecution.

In the same decision, Appeals has confirmed the acquittal act against Selvije Ramadani, Xhemajl Tahiri, Ramiz Musliu and Lulzim Aliou, refusing to hold the prosecution’s complaint on those four accused, the Signal newspaper reports.

The decision was made at the college session of October 21, 2026, after reviewing the complaint against the Act of Foundation Court in Ferizaj on December 23rd 2025, with which everyone had been acquitted of misusing official office or authority.

Ten years passed since permission was issued, charges filed

The first charge against Grainca was linked to the release of a construction permit on September 23, 2016, for a residential and business object near the City’s Small Library, now Ferizaj’s Historical Archives.

According to the indictment, the permit was issued without the consent of the Kosovo Institute for Protection of Monuments, though the object was located within the 50m perimeter of protected cultural heritage.

Apel found that the absolute prescription for this charge had reached September 23, 2026, ten years after the alleged action. For this reason, he changed his act of first degree and refused the charge.

This part of the case has been closed due to the passage of the prosecution’s term, without deciding on Grainca’s guilt.

A note on the crash document must be reviewed again

In the retrial, the charge has been returned that relates to Grainca’s alleged actions on December 7th 2017, concerning the execution of the decision on the collapse of overbuilding without permission.

At the center of this part of the case is his footnote on the relevant documentation:

Let’s prove that the line applied for permission and then was done under the conclusion. )

The prosecution claimed that through this Grainca action, he had prevented the execution of the collapse with the intent of gaining wealth for the other person.

The foundation court had estimated that this note alone was not enough to conclude that Grainca had banned execution. However, Apel found that the court had not sufficiently clarified the reason and purpose of the note.

According to the college, the bias in this part lacked clear and concrete reasons for crucial facts. For this reason, he ordered new judicial consideration, re-evaluation of evidence and, as necessary, receiving further evidence.

The release of Ramadan, Tahiri, Musliu and Ali

For Selvije Ramadani, Xhemajl Tahiri, Ramiz Musliu and Lulzim Aliu, Apeli estimated that no evidence had been proved beyond any doubt that the elements of criminal acts they were being burdened with had been fulfilled.

The college deemed the prosecution’s claim to co-ordination of actions between Grainca and Ramadan unable to implement the collapse in material terms.

While relating to inspectors Tahiri and Musliu, the court estimated that failing to establish tape to ban the works did not automatically constitute criminal acts, since the intention required for criminal responsibility had not been proven.

With that ruling, the release of the prosecution of the four indictees remains in force, while retrial will be held only for the part related to the alleged preventing the execution of collapse.

Note: The person is deemed innocent of the charge turned to retrial until his guiltyness is confirmed by decision of form.

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/Gazeta Sinjali/

Source Layer: Signal