The reaction expresses the dissatisfaction of NGOs with the court’s decision, which does not order the demolition of the hotel on several floors, while calling on the Court of Appeals to enforce the law during the treatment of this case, which requires that buildings be demolished without permission.
Against the standard created by the Court of Peja for the demolition of illegal constructions in the protected area of Cursed Mountains.
The Cursed Mountains National Park is protected by law promulgated by the Assembly of the Republic of Kosovo.
Unfortunately, the country’s institutions, in addition to failing to stop construction, are also failing to implement legal obligations to demolish them.
In the protected area of the Cursed Mountains, businessman Mahir Shala has built a five-story hotel which in its entirety has no environmental permit or consent.
On June 17, the Peja Court fined the owner of INTERN INVESTMENT GROUP only 2,500 euros and completely ignored the legal obligation and request of the prosecution to demolish the illegal constructions in the protected areas.
Civil Society Organizations have welcomed the indictment filed by the Peja Prosecutor’s Office and the latest proposal that in addition to the sentence, the demolition of the hotel be ordered, as required by Article 359 of the Criminal Code of Kosovo.
According to the Criminal Code, the Court must decide on the demolition of buildings in protected areas at a time when it has been established that they have occurred.
The court of Peja had uncontested the fact that the construction is without permission due to the fact that the owner also admitted this before the court.
Ignoring the legal obligation provided by Article 359, the Court of Peja has decided to only fine the accused while refusing to demolish the hotel.
For civil society organizations, setting such a precedent where illegal builders are punished with fines and their facilities are not demolished is a dangerous precedent for all other constructions in this area and is an avoidance of the legal obligation provided by the Code. Kosovo Criminal.
Seeing this situation, NGOs immediately ask the Court of Appeals to improve this standard created by the Court of Peja and the Supreme Court to issue a legal position on this situation.
NGOs encourage the Peja Prosecutor’s Office to request that other illegal constructions carried out in this area be treated in the same way and with maximum priority.
At the same time you v s most aware that the decision of Peja to prevent monitoring of this process on the grounds that we are at the time of the pandemic ‘s decision unjustified because the courts have already facilitated safeguards and violates the principle of publicity and transparency in the justice system.
Civil society organizations remind the justice system that the principle of publicity is one of the basic principles of the justice system and therefore even during pandemics access should be provided to the public in processes of such great importance.