The Court of Appeal has confirmed the decision of the Basic Court in Peja dated November 18, 2025, by which the defendants Nderim Gashi, Ardit Gashi, Agron Gashi, Bahri Gashi and Basri Gashi were sentenced to a total of 44 years in prison.
The parties' complaints were elaborated at the session on March 26, 2026, which was held by the panel of judges composed of Valbona Musliu-Selimaj - president, Xhevdet Abazi - referring judge and Kadrije Goga-Lubishtani - member of the panel, reports "Oath for Justice".
According to the Appeal, the first instance court correctly and completely ascertained and assessed all the circumstances that influence the determination of the type and amount of the sentence imposed on the defendants.
Furthermore, the Appeal assesses that the claims of the Basic Prosecution Office in Peja are unfounded, because in the appeal, apart from repeating the aggravating circumstances highlighted in the Basic decision, it did not mention any other circumstances that would have an impact on the imposition of a different sentence.
The appeal also evaluates the claims of the representative of the injured party, lawyer Fanol Krasniqi, considering that the content of his appeal speaks more about the legal qualification of the criminal offenses, claiming that the defendants should have been found guilty of the criminal offense of aggravated murder in co-perpetration, and not that the other defendants should have been acquitted, and that with this the sentence is considered lenient, including all defendants.
The Appeals Chamber also found that the claims of the defendants' defense attorneys, lawyers Emrush Kastrati, Ruzhdi Gashi, Muhamet Ibraj, Gzim Kollçaku and Gani Kelmendi, are unfounded.
According to the Appeal, the defendants' defense counsel did not mention any other mitigating circumstances that would have an impact on the mitigation of the sentence, which means that the Basic Court has assessed all the aggravating circumstances and, taking them into account, has imposed the sentence on the defendants as in the enacting clause of the appealed decision.
Finally, the Appeal emphasizes that taking into account all the circumstances established in the appealed decision, the circumstances of the specific case and the way in which the critical event unfolded, it results that the sentence imposed by the first instance court on the defendants is fair and lawful, and that it is in harmony with the intensity of the social danger of the committed offense and the degree of criminal responsibility of the defendants.
Otherwise, "Oath for Justice" had secured the recording of the verdict session, where Nderim Gashi was sentenced to 28 years in prison, while Basri, Agron, Ardit and Bahri Gashi were sentenced to 4 years each for the murder of FH, which occurred in Volljakë, Klina. In total, 44 years in prison were imposed in the retrial, while in the first trial a total of 84 years in prison were imposed on the accused.
After the second decision of the Basic Court, "Oath for Justice" reported that the brother of the murdered man in Volljakë, Klina, FH, Mahmut Hoxhaj, is suspected of having injured two people in revenge after the Basic Court in Peja sentenced the five accused to 44 years in prison for the murder that occurred in 2022. He had waited for the victims in the parking lot and had shot at two people. The police had immediately arrested him at the scene.
One of the injured was Basri Gashi, who is accused in the murder case of Hoxhaj's brother and who was released from detention on October 17, after the verdict was announced. The other injured was AU, who had gone to pick up Gashi and the others who had been released from detention.
The indictment of the Basic Prosecutor's Office in Peja, updated on February 3, 2023, charged the six accused: Nderim Gashi, Basri Gashi, Agron Gashi, Ardit Gashi, Bahri Gashi and Ylli Gashi, for "Aggravated murder", "Aggravated attempted murder ", "Carrying weapons without a permit" and assisting in the commission of the criminal offense "Aggravated murder".
According to the indictment, the defendants Nderim, Basri, Agron, Ardit and Bahri, on April 28, 2022, at around 20:30 PM, in the village of Volljakë, Klina Municipality, in the parking lot of the “Villa Park” restaurant, having prepared in advance and acting in complicity, with the aim of unscrupulous revenge, deprived the victim FH of his life, putting the lives of other people at risk. Meanwhile, Ylli Gashi was accused of assisting in the commission of the murder, by providing the weapon for the defendant Nderim. /Oath for Justice
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