In the prosecution of an international human trafficking ring, B.D., a nightclub owner, was charged with Facilitating Prostitution in violation of Article 201 of the Provisional Criminal Code of Kosovo, for recruiting and organizing 16 Moldovan women for prostitution. His co-defendants B.J., M.G., and S.Z. were immigration officials charged with Abusing Official Position and Smuggling of Migrants in violation of Articles 339 and 138 of the Criminal Code, for enabling 35 illegal immigrants – mostly Moldovan women – to enter Kosovo, including by issuing fake identification documents to them, with the motive of obtaining unlawful material benefits for themselves. B.D. was found guilty by the District Court, while B.J., M.G., and S.Z. were acquitted. On appeal, the Supreme Court observed that the District Court based B.D.’s guilt exclusively on text messages sent to his mobile phone asking to make reservations to meet with various individuals identified only by nicknames. The challenged judgment did not clarify the identities of the persons behind the nicknames and did not assess whether they were indeed the alleged victims identified in the indictment. The lower court’s decision also made no reference to the statements of the alleged victims, particularly whether the statements corresponded to and corroborated the contents of the text messages. The court further held that the District Court’s judgment did not contain sufficient reasoning a proper assessment of the evidence regarding B.J., M.G., and S.Z’s alleged enabling of illegal immigration. The tribunal also faulted the lower court for failing to determine the complete facts, including the immigration registration system, movements of large sums in the defendants’ bank accounts, and transcripts of intercepted communications between the defendants. Accordingly, the Supreme Court annulled the District Court’s verdict and remanded for retrial. (Also available in English.)
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