Through a Facebook post, he stated that the search of Gashi’s home was conducted without a court order.
“During the search, he was presented with a prosecutor’s authorization for the collection of evidence, which has already been made public. This authorization does not replace a court decision for a search. Moreover, this document is internal communication between the Special Prosecution and the Kosovo Police,” he wrote.
Since yesterday, in the capacity of a lawyer, I have undertaken the legal defense of Shkëlzen Gashi.
The case has sparked strong public reactions due to its sensitive nature.
However, one fact is undeniable: the search of his home was carried out without a court order.
During the inspection, he was presented with a prosecutor’s authorization for the collection of evidence, which has already been made public.
This authorization does not replace a judicial decision for a search. Furthermore, this document constitutes internal communication between the Special Prosecution and the Kosovo Police.
According to Article 36 of the Constitution, searches of a residence, confiscation of devices, and interference in communications are allowed only with a court decision, except in urgent cases. Such urgency does not exist, especially when dealing with public activity—an exhibition in the center of the capital.
Therefore, the very manner in which the search was carried out, along with the unjustified haste of state authorities, compromises the alleged criminal case from the outset.
Above all, initiating a criminal process against a person for a project funded by the Assembly of Kosovo and permitted for exhibition by the Municipality of Prishtina sets a dangerous precedent for freedom of expression and public activity in general.
