Case DV
DV, an IDP from the village Srpski Babus, Municipality of Urosevac, who resides in Nis since 1999, found out his land in Srpski Babus was registered under the name of ZS. By then already infamous Nazim Bllaca, convicted of murder in 2013, forged a Power of Attorney of DV’s father who died in 1994. The Power of Attorney was verified by the Court in Lipljan in 2007. A few Serbian families were affected and 25 hectares was transferred to third persons. DV, together with other victims reported the fraud to the Kosovo police (KPS), but they did not receive any feedback for over a year. In 2013 DV found out about the Legal Aid Office, which he contacted right away. Legal officer from the Legal Aid then filed a substantial claim against Nazim Bllaca, first accused and ZS, second accused, with the legal request to void the Power of Attorney and the Purchase Agreement. The claim also included the Proposal for Interim Measure, which put the case as a priority and the Interim Measure was granted on May 30, 2014 without hearing, protecting the land from further fraudulent transactions.
Nazim Bllaca, who was serving the sentence in prison in Dubrava at the time, was escorted under special security measures only to the first hearing, in 2016 was released from prison under undetermined circumstances and disappeared. All the judges in Urosevac issued an order to search, investigate and bring Nazim Bllaca before court, but all efforts were useless. Per request of the Legal Offices, the defendant was summoned by the Official Court Board, which finally gave results and on June 29, 2016 the Power of Attorney and Purchas Agreement were voided.
Unfortunately, The Basic Court in Urosevac sent an appeal of ZS, the second responding party to the Legal Aid. The case will be transferred to The Court of Appeal in Pristina.
Case DG
Illegal Proprety Occupation
Prizren
DG is an IDP who lived and worked in school in Prizren until 1999. Upon him leaving Prizer for safety reasons 1999, his Albanian colleague illegaly occupied the apartment given to DG by the school. DG filed a claim for property restitution to the Directorate for Housing and Property Rights (HDP). The HDP Commettee issued a decision in 2006 for the apartment to be given back to DG and refered the case to the competent court. However, the HDP refused to execute the decision, so DG filed a law suit to the Municipal Court in Prizren in 2008.
In 2009 the Municipal Court issed a decision to reinstitue DG as the owner and remove the usurper from the aparment, but the usuper filed a complaint against this decision. The Court of Appeal confirmed the decision of the Municipal Court in 2011, but the usuper refused to act upon it and move out until 2012, when DG started a process for execution before The Municipal Court in Prizren. At that time, DG’s lawyer informed him he could not represent him any longer. DG could not find a legal representation up until he learned about the Legal Aid Project. From the moment the Legal Aid took his case, multiple hearings were held after which the Court went to the field in order to execute the eviction of the usurper and to let DG in the apartment.
The school DG worked and usurper is still working in filed a law suit to The Court in Prizren for the annulment of the Purchase Agreement by which DG bought the apartment .
Case AK
Illegal occupation of property
AK is a Director of a real estate agency in Kosovo and Metohija, Albanian nationality, against whom numerous proceedings have been opened since 1999, not only for illegal property usurpation but a lot of other criminal activities such as forging documents, fraud, etc. It is being speculated that EULEX opened an investigation against him for possible connections with the criminal groups in the region. Amongst many victims are VM, VI. VI, people displaced from Kosovo and Metohija in 1999 and lawful owners of the land near to regional road connecting this town to Pec.
AK, taking advantage of the victim’s displacement due to safety reason, occupied their property near the main road to Pec. AK demolished the house and other objects on the parcel and then built the road. The affected filed a lawsuit to EULEX against AK and then the case was referred to the prosecutor’s office for further processing. Upon filing the lawsuit, the complainants contacted Legal Aid Office, which took the case. During the proceedings, the defendant denied the guilt claiming he had not occupied the property illegally but with the consent of the complainants, that he they had had an oral agreement on investing in their property and a written Purchase Agreement should have been signed later on. The defendant even went that far to ask for the compensation for the damages he supposedly had investing in the property. During the proceedings, among other evidence, the complainants testified, as well as the witness RM, one of the AK’s closest accomplices. The defendant would show up for hearings accompanied with his armed security and co-workers, and he threatened with even death to complainants through his co-workers. Afraid, the complainants and their representative requested the police security when coming and leaving the Court. The granted security measure was for the complainants to come to the police station, building near the Court, before hearings and then, accompanied with two police officer to walk to the Court building.
The Court found the defendant guilty of the illegal property occupation, with a conditional sentence. Furthermore, the Court obliged the defendant to return the property to the lawful owners within 15 days, otherwise the conditional sentence will be replaced for the prison sentence.