The Court of Appeals has issued a partial decision in the criminal case against Idriz Aliaj, annulling the first operative provision of the first-instance judgment and returning the case for retrial on the charge of attempted aggravated murder. Meanwhile, for the charges of unauthorized weapon possession and contempt of court, the decision of the Basic Court in Pristina has been fully upheld.
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The Appeals decision, dated September 11, 2026, came after examining the complaints filed by the defendant’s defense counsel, lawyers Kosovare Kelmendi and Haxhi Millaku. According to reports by “Betimi për Drejtësi” (Oath for Justice), the Appeals criminal panel partially granted these complaints, finding that the first point of the judgment was affected by essential violations of criminal procedure.
The Basic Court in Pristina, on April 7, 2026, had found Idriz Aliaj guilty and sentenced him to a single sentence of 11 years in prison. Against this judgment, the defense had filed complaints alleging essential violations of procedural provisions, incomplete and erroneous determination of the factual situation, violations of the criminal law, and objections regarding the severity of the sentence.
Lawyer Kelmendi requested that the Appeals Court amend the judgment and find her client guilty of attempted murder committed in a state of severe mental distress, or alternatively, annul the decision and return the matter for retrial. On the other hand, lawyer Millaku proposed reclassifying the offense as grievous bodily harm. The Appeals Prosecution, meanwhile, requested that the complaints be rejected as unfounded and that the first-instance judgment be fully upheld.
In the reasoning of the Appeals decision, it is emphasized that the first-instance court did not provide clear and sufficient reasons for all the points of the operative part, failing to properly assess and reason the evidence administered during the judicial process. Furthermore, it did not present the disputed and undisputed facts, an obligation arising from the Criminal Procedure Code.
A key element that influenced the retrial decision was the handling of the minor witness E.T. In the indictment, the Prosecution had proposed him as a witness – injured party. Although at a later hearing the prosecutor had withdrawn the proposal to read his statement, he did not abandon the request for the minor to be heard at trial. The first-instance court did not make any decision on this matter and did not invite him to testify. The Appeals Court instructed that at retrial, E.T. be summoned and heard in the presence of a psychologist, so that the factual situation may be fairly and fully completed.
As for the defense’s claims regarding the psychiatric expert report and the refusal of a supplementary expertise, the Appeals Court deemed them unfounded. It was found that the expert report had been carried out professionally by qualified persons in the field, without infringing the defense’s rights.
For the other points of the judgment, those related to unauthorized weapon possession and contempt of court, the Appeals Court found that the operative provisions were clear, understandable, and fully consistent with the reasoning. No violations were found that would necessarily impose their annulment. Likewise, it was assessed that the first court had correctly taken into account the circumstances affecting the determination of the type and severity of the sentence, while the defense’s claims were not supported by convincing arguments as to their illegality.
The decision was taken by the panel composed of Skender Çoçaj (presiding), Valbona Musliu-Selimaj, and Kadrije Goga-Lubishtani (members).
According to the indictment, the serious incident occurred on August 6, 2024, around 7:33 a.m., on “Pejës” street near the traffic lights in the village of Bresje in Fushë-Kosovë. Idriz Aliaj, due to previous disputes and two reported cases of domestic violence, followed his cohabitant Sh.T. and her minor son E.T. from behind as they walked along the road. After they crossed the pedestrian crossing, he quickened his pace, drew the weapon from his belt, cocked it, and fired at her body, struck her with his hands in the face, and then, while she had fallen, continued shooting several more times. He then struck her with the butt of the weapon about eight or nine times on the head, until two passersby managed to take the weapon away and hold him on the ground until the police arrived.
The injured party suffered three entry-through-and-through gunshot wounds and severe bodily injuries life-threatening, being hospitalized at the Thoracic Surgery Clinic. For these actions, Idriz Aliaj is charged with the criminal offense of attempted aggravated murder under Article 173 of the Criminal Code. In the second point of the indictment, he is charged with unauthorized possession of a weapon, a “Cervena Zastava” M-57 pistol, which was initially taken by a person who left the scene and later seized by the police. For violating the court order that prohibited him from approaching the injured party within certain distances, he also faces the charge of contempt of court.
Note: All persons mentioned in this article are considered innocent until their guilt is proven by a final court decision.
