The Court of Appeal has annulled the decision of the Basic Court in Pristina, by which Shaqir Lutvija was sentenced to 10 years in prison for war crimes. Thus, the case has returned to a retrial.

On November 11, 2025, the foundation announced a guilty verdict against the accused Lutvija, sentencing him to 10 years in prison, reports “Oath of Justice”. PS.nr.77/24, dated 10.12.2025, IS ANNULLED, and the case is returned to the court of first instance for retrial and decision”, the Appeal decision states.

According to the Appeal decision of June 23, 2026, the accused is continued in custody, until the next decision by the Foundation.

There was an appeal against the decision of the Foundation submitted by Lutvija’s defender, lawyer Jovana Filipović, due to essential violations of the provisions of the criminal procedure, violation of the Criminal Law, incorrect and incomplete verification of the factual situation and the decision on the criminal sanction.

Filipović had proposed that the Appeal annul the judgment of the Foundation and return the case to a retrial before another panel of judges or change the act and the accused Lutvija to lack of evidence to acquit him of the charge.

The Special Prosecutor’s Office submitted an answer to the complaint, proposing to reject the defense’s complaint and confirm the judgment of the Foundation. The Appellate Prosecutor’s Office also requested the same with a submission.

The appeal found that the decision of the Foundation is involved in an essential violation of the provisions of the criminal procedure.

According to the appeal, the judgment lacks reasons related to the decisive facts, clear and sufficient reasons have not been given regarding the contradictions in the statements of the witnesses, and the role of the accused in the actions described in the provision has not been sufficiently justified. Meanwhile, it is said that in some parts the reasoning is contrary to the provision of the judgment itself.

The appeal finds that the appealed decision is also involved in violations related to incorrect certification of the factual situation. There it is said that it remains unclear which actions were attributed to the accused, in which capacity he acted, against whom he acted and in which period, and how the complicity was manifested.

The appeal assesses that the ruling contains a generalized description of the incriminating actions.

“…from the reasoning of the judgment it does not follow that the court of first instance has sufficiently specified which of these actions was undertaken by the accused Shaqir Lutvija, in relation to which victims those actions were carried out and with which evidence his concrete participation was proven”, the decision states.

Source: prizrenpost