BOSNIA AND HERZEGOVINA COURT OF BOSNIA AND HERZEGOVINA SARAJEVO Ref. No: X-K/06/182 Sarajevo, 31 October 2006

IN THE NAME OF BOSNIA AND HERZEGOVINA

The Court of Bosnia and Herzegovina, sitting on the Panel composed of Judge Nenad Šeleda as the Presiding Judge, and Judges Salem Miso and Mehmed Šator as the Panel members, with the participation of record taker Željka Marenić, in the criminal case against Accused Leonard Dushi for the criminal offence of Organized Crime in violation of Article 250(1) in conjunction with the criminal offence of Smuggling of Persons in violation of Article 189(1) of the Criminal Code of Bosnia and Herzegovina (CC of BiH), the criminal offense of Forgery of a Document in violation of Article 373(2) of the Criminal Code of the Federation of BiH and continued criminal offense of Aggravated Robbery in violation of Article 287(1) a) in conjunction with Article 55 of the CC of FBiH, and Accused Eljmi Iseni for the criminal offence of accessory to Smuggling of Persons in violation of Article 189(1) in conjunction with Article 31 of the CC of BiH, deciding upon the Indictment of the Prosecutor's Office of Bosnia and Herzegovina No. KT-376/05 dated 21 March 2006, following the public and oral hearing, in the presence of the Prosecutor of the Prosecutor's Office of Bosnia and Herzegovina, Jasmina Gafić, Accused Leonard Dushi and Eljmi Iseni and their Defense Counsels, Muhamed Podrug and Fadil Abaz, Attorneys from Sarajevo, rendered and on 31 October 2006 publicly announced the following:

V E R D I C T THE ACCUSED:

1. LEONARD DUSHI, born on 27 May 1972 in the place of Shkoder, Republic of Albania, used a forged travel document of the Federal Republic of Yugoslavia issued to the name of Besim Elšani from Prizren, Albanian by ethnicity, citizen of the Republic of Albania, temporarily residing in Sarajevo, at 36/III Envera Šehovića St., currently in the extradition custody pursuant to the Decision of the Court of BiH number: EX-51/05 dated 27 September 2005,

2. ELJMI ISENI, son of Isen and Ljutvija nee Sadiki, born on 12 November

1970 in Kumanovo, the Republic of Macedonia, Albanian by ethnicity, citizen of BiH, driver by occupation, permanently residing in Sarajevo at 9 Rudija Alvađa St. – Novi Grad, married, JMBG /Personal Identification Number/: 1211970420031

ARE GUILTY

Because:

1. During the period from 19 November 2004 until 27 September 2005, after Leonard Dushi, as a member of a criminal organization, had agreed with persons known to him – the accessories, on the illegal transport of persons from Albania, through Montenegro to BiH, and further toward Italy, for the purpose of which he had previously obtained a forged travel document of the FRY number 002843014, where the data were entered in an original form to the name of Besim Elšani, and his photography, came to Sarajevo on 19 November 2004, where he rented an apartment at 36/III Envera Šehovica St., the Municipality of Novo Sarajevo, registered his stay to the name of Besim Elšani from Prizren with the Section for Foreigners within the Ministry of Interior of the Sarajevo Canton to the name of Besim Elšani from Prizren, and all with an intention to use the apartment for the commission of different criminal offences, and in particular, for the accommodation of persons smuggled from Albania, Serbia and Montenegro, whom he was transporting to Sarajevo in collusion with the persons known to him, giving them a shelter in the said apartment until those smuggled persons have been delivered to other persons known to him for their transportation to the Western European countries. In the said apartment he kept other objects and the documentation he needed to perpetrate those criminal offences, including: an ID card of the Republic of Italia number AH5447810, issued on 13 September 2002 to the name of Leonard Dushi, born on 27 May 1972 in the place of Shkoder, the Republic of Albania (the same photography such as on the travel document bearing the name of Elšani Besim); a sanitary/health card to the name of Leonard Dushi number: 48421, issued on 28 January 2002 in Italy; a certificate of registration of stay of foreigners issued on 19 November 2004 in the Section for Foreigners of the Canton Sarajevo Ministry of Interior to the name of Zeneli Sule from Uroševac, a travel document of the Republic of Albania number: ZO839768 to the name of Rexepi Bujar, born on 4 August 1981 in the place of Shkoder, issued on 19 February 2004 with a photography of an unknown person; a travel document of the Republic of Albania number: 1806780 to the name of Qefalia Petrit, born on 15 March 1969 in the place of Goraj, Shkoder, the Republic of Albania, issued on 17 March 2001 with a photography of an unknown person; an ID card of the FRY number KP25581 to the name of Avni Krasniqi, born on 22 April 1974 in Priština, the Autonomous Province of Kosovo and Metohija, Republic of Serbia, with a photography of the Accused, and a photo copy of the travel document issued to the name of Besim Elšani, which Leonard Dushi presented to the officials of the II Police Department Sarajevo (the II PD), as well as to the Prosecutor on duty, Cvjetko Ostojić, to prove his identity by using that name and surname (the Accused is in possession of that travel document); on 26 September 2005 he hired Eljmi Iseni as a driver and accessory in the take-over of the smuggled persons in Bosnia and Herzegovina, where on 26 September 2005, Iseni took over two persons from Albania, namely Alfons Rakaj and Ermal Ler, the persons who were interested in going to the West- European countries - Italy, who crossed the border of Albania and entered Montenegro with an unknown person – the pre-arranged guide by taking forest roads, and thereafter in

Montenegro, in the place of Tuzi, were delivered to another unknown person - the pre-arranged driver, paid to that person the amount of EUR 800.00 (EUR 400 per person) as a half of the price for the illegal transport across inter-state border crossings; when the persons arrived to Sarajevo in early morning hours, where Eljmi Iseni, following the instructions given by Leonard Dushi, took them over and accommodated in his apartment at 36/III Envera Šehovića St., instructing those persons to stay in the apartment and not to open the door to anybody, as ordered by Leonard, whereat on 27 September 2005 the officials of the II PA, during the official search of the stated apartment found those two persons under the names of Alfons Rakaj and Ler Ermal from the Republic of Albania. Having identified the persons who wanted to enter the above said apartment, the officials of the II PA established that one person presented himself as Besim Elšani and showed such an ID card, while the other person was Almir Bajrić from Bužim, born on 23 June 1985, whom Leonard Dushi most probably intended to hire to take those Albanian citizens across the border crossing Izačić, between BiH and the Republic of Croatia. Leonard Dushi alone: 2. During the period from 3 August until 6 September 2005, at 36/III Envera Šehovića St., the Municipality of Novo Sarajevo, intending to obtain an unlawful material gain, having introduced himself falsely as Besim Elšani, to which name he possessed the forged travel document, Leonard Dushi had promised Rešat Šalja from Macedonia already in 2004, that he would enable him to illegally go to Belgium, and after Rešat Šalja, as agreed, had come from Macedonia to Sarajevo in August, he accommodated him in the apartment rented at the above mentioned address, and then he took money from him several times to cover expenses for the travel to Belgium, and when the amount reached EUR 300, Rešat Šalja reported the case to the Sarajevo Canton Ministry of Interior – the II PD, because of which the Cantonal Prosecutor opened an investigation on 7 September 2005 under number KT-3177/05 against the suspect Besim Elšani, as there were grounds for suspicion that the criminal offence of Fraud was committed, on the basis of which the Cantonal Court in Sarajevo issued a decision ordering one-month custody against Besim Elšani (Leonard Dushi), but thereafter, the Prosecutor suspended the investigation and on 15 September 2005 filed a Motion for his release from the custody, because Rešat Šalja had unexpectedly changed his statement due to unknown reason , alleging that there had been no fraud by the suspect Besim Elšani, after which Besim Elšani was arrested again on 27 September 2005 and brought before the Judge of the Court of BiH, based on the international arrest notice issued by the Interpol Rome, Italy.It was established then that the person Besim Elšani was the wanted Leonard Dushi, the person whom the Interpol Rome was searching for because of the commission, namely the complicity in the commission of the criminal offences of aggravated robbery, illegal immigration, membership in a criminal group and forgery of passports, etc. 3. On 13 August 2005 around 02:30 hours, at 54 Envera Šehovica St., the Municipality of Novo Sarajevo, having broken with a suitable object the vacuumed glass at the entrance sliding doors General Servis DOO Sarajevo

(Gorenje) premises, he entered the premises, where he broke with a suitable object the glass on three doors of the shop windows, and then took and seized the following items: 2 Sony video cameras, 7 cell-phones type Nokia 7260, Nokia 6100, Nokia 6021, Nokia 6820, Sony Ericsson K 700I Samsung SGH-E300 and Samsung SGH-X640, and 1 DSC-S60 digital photo-camera, after which he went in an unknown direction with the seized items, thereby having acquired the unlawful material gain for himself, and damaged the mentioned company for the amount of around KM 6,500.00. 4. On 29 August 2005 around 05:25 hours, at the same place and in the same shop of the Company DOO General Servis, having broken with a suitable object the glass on the entrance doors, and having used the physical strength to force the frame of the door, entered the space, came to the two exhibited showcases, broke the glass on them and took and seized from the shelves the following: 1 Sony auto DVD black color, 2 Sony photo cameras grey color, one of them being the MP3 and 3 Nokia cell- phones type 6020, 6021 and 6100 black color, two Discman, and left the scene, in which manner he acquired the unlawful material gain for himself, and damaged the mentioned company for the amount of around KM 4,000.00.

Therefore, Leonard Dushi under Sections 1 and 2, as a member of the criminal organization, motivated by greed, transported across the state border several persons who did not meet the requirements for the legal crossing of the state border; under Section 2, used altered public documents as the genuine ones, and under Sections 3 and 4, by breaking into closed premises seized the objects with a view of acquiring unlawful property gain for himself, while

Eljmi Iseni under Section 1 was helping Dushi Leonard, out of gain, to transport

across the state border several persons who did not meet the requirements for the legal crossing of the state border,

whereby Leonard Dushi under Sections 1 and 2 committed the criminal offence of

Organized Crime in conjunction with the criminal offence of Smuggling of Persons in violation of Article 250(1) in conjunction with Article 189(1) of the CC of BiH, under section 2, the criminal offence of Forgery of a Document in violation of Article 373(2) of the CC of the F BiH, and under Sections 3 and 4, committed the continued criminal offence of Aggravated Robbery in violation of Article 287(1) a), in conjunction with Article 55 of the CC of the Federation of BiH, while

Eljmi Iseni, under Section 1, committed the criminal offence of Smuggling of Persons as an accessory in violation of Article 189(1) of the CC of BiH, in conjunction with Article 31 of the CC of BiH.

Therefore the Court, applying the aforementioned provisions,

s e n t e n c e s Accused Leonard Dushi,

- for the criminal offence of Organized Crime in conjunction with the criminal offence of Smuggling of Persons in violation of Article 250(1) in conjunction with Article 189 (1) of the CC of BiH,

to imprisonment for a term of 3 (three) years - for the criminal offence of Forgery of a Document in violation of Article 373(2) of the CC of the F BiH to imprisonment for a term of 6 (six) months - for the continued criminal offence of Aggravated Robbery in violation of Article 287(1) a), in conjunction with Article 55 of the CC of the F BiH,

to imprisonment for a term of 1 (one) year and 10 (ten) months thus the Court, applying Article 53(1) and 48 of the Criminal Code of BiH,

SENTENCES

Accused Leonard Dushi to the compound imprisonment for a term of 5 (five) years while pursuant to the aforementioned provisions, applying Article 58 and 59 of the Criminal Code of BiH, the Court imposes on Accused Eljmi Iseni

SUSPENDED SENTENCE

of imprisonment for a term of 10 (ten) months, ordering at the same time that the sentence shall not be carried out if the convicted person does not perpetrate another criminal offence over a period 2 (two) years following the date when the Verdict becomes final. Pursuant to Article 74(1) of the Criminal Code of BiH, from Accused Leonard Dushi the forfeiture of the following objects-documents shall be ordered: a travel document of the Federal Republic of Yugoslavia, serial number 002843014 issued on 2 July 2001 to the name of Besim Elšani, an ID card of the FRY, serial number CP00013147, registration number KP25581 issued to the name of Avni Krasniqi on 12 September 2001, a travel document of the Republic of Albania number ZO839768 issued on 19 February 2004 to the name of Rexhepi Bujar, born on 4 August 1981 in the place of Shkoder, a travel document of the Republic of Albania number 1806780 issued on 17 March 2001 to the name of Qefalia Petrit, born on 15 March 1969 in the place of Goraj, Shkoder, and the certificate of registration of stay for Zeneli Sule issued on 19 November 2004 and the certificate of registration of stay for Besim Elšani. Pursuant to Article 198(2) of the Criminal Procedure Code of BiH, the injured parties are hereby referred to take civil action with their claims under property law.

Pursuant to Article 188(4) of CPC of BiH, Accused Leonard Dushi and Eljmi Iseni are hereby relieved of the duty to reimburse the costs of criminal proceedings.

R e a s o n i n g

The Prosecutor’s Office of BiH, by its Indictment number KT 376/05 dated 21 March 2006, charged Accused Leonard Dushi and Eljmi Iseni with commission of the criminal offenses of Organized Crime in conjunction with the criminal offence of Smuggling of Persons in violation of Article 250(1) in conjunction with Article 189 (1) of the CC of BiH, the criminal offence of Forgery of a Document in violation of Article 373(2) of the CC of the F BiH the continued criminal offence of Aggravated Robbery in violation of Article 287(1) a), in conjunction with Article 55 of the CC of the F BiH and the criminal offence of Smuggling of Persons as an accessory in violation of Article 189(1) of the CC of BiH, in conjunction with Article 31 of the CC of BiH, supporting the charges by the evidence presented during the investigation as well as those attached to the Indictment which provide the grounds for the proposal of the Prosecutor’s Office to pronounce the Accused guilty of the aforementioned criminal offenses and punish them pursuant to the law.

During the evidentiary procedure before the Court the prosecution evidence were presented by direct testimony of the following witness: Mehmed Zečić, Zdravko Vinovrški, Semir Letić, Fadil Aliju, Amer Omeragić, Irfan Kaljača and Samir Selimović and expert witnesses Munib Dedović, Ismet Katana, Esad Bilić and Hazim Šahbaz and Witness Hearing Records of the following witnesses were read out: Alfons Rakaj, Crime Police Section of the II Police Department Sarajevo number 02/3-2-3-/05 dated 27 September 2005; Ler Ermal, Crime Police Section of the II Police Department Sarajevo number 02/03-2-3/05 dated 27 September 2005; Rešat Šalja, Crime Police Section of the II Police Department Sarajevo number 02/3-2-3-/05 dated 7 September 2005 and 9 September 2005, as well as the Witness Hearing Records made by the Cantonal Prosecutor’s Office Sarajevo number KT-3177/05 dated 9 September 2005. The contents of the following evidence were presented, that is, a review of the following was made: the Official Report of the Crime Police Section of the II Police Department, Ministry of Internal Affairs of the Sarajevo Canton dated 4 October 2005; Receipt on Temporarily Seized Objects issued by the II Police Department - Novo Sarajevo number 02/3-2-3-408/05 dated 27 September 2005; Records on Identification of Persons- Objects, issued by the II Police Department - Novo Sarajevo number 02/3-2-SL/05 dated 27 September 2005; Records on Search of Dwellings, Other Premises and Movable Property, Ministry of Internal Affairs II Police Department number 02/3-2-3-24 dated 9 September 2005 with the Receipt on Temporarily Seized Objects number 02/3-2-3-363/05 dated 9 September 2005, copy of the first and second page of the travel documents of the Republic of Albania bearing the names of Alfons Rakaj and Ler Ermal, Records on a Hearing of Besim Elšani alias Leonard Dushi number Ex-51/05 dated 1 February 2006; identification elements of the Ministry of Security, NCB Interpol Sarajevo for Leonard Dushi dated 27 September 2005; Interpol diffusion notice from Roma dated 17 June 2004 with the photographs of the wanted person and fingerprints; Official Note of the Cantonal Prosecutor’s Office Sarajevo number KT-3177/05 dated 9 September 2005; Official Note of the Cantonal Prosecutor’s Office Sarajevo number KT-3177/05 dated 23 September 2005; letter of the cantonal prosecutor number KT-

3318/05 dated 28 October 2005; Record on Search of Dwellings, Other Premises and Movable Property of the Ministry of Internal Affairs, Department of the Police, II Police Department number 02/3-2-3-26/05 dated 27 September 2005 with the Receipt on Temporarily Seized Objects number 02/3-2-3-409/05 dated 27 September 2005 and Receipt on Return of Temporarily Seized Objects dated 3 October 2005; Receipt on Return of Temporarily Seized Objects dated number 02/3-2-408/05 dated 29 September 2005; inventory of the goods stolen from General Servis, Crime Scene Investigation Record, Ministry of Internal Affairs, Sarajevo Canton, II Police Department number 02/3-2-3-U-427/05 dated 13 August 2005, Crime Scene Investigation Record, Ministry of Internal Affairs, Sarajevo Canton, II Police Department number 02/3-2-3-U-447/05 dated 29 August 2005, photo documentation of the Ministry of Internal Affairs, Sarajevo Canton, Crime Technique Department number 2704/05 dated 29 August 2005, photo documentation of the Ministry of Internal Affairs, Sarajevo Canton, Crime Technique Department number 2551/05 dated 13 August 2005, CD with recordings of surveillance camera No. 3 installed in the room of General Servis DOO Sarajevo. The defense presented the evidence by the testimonies of witnesses Irfan Kaljača and Amer Omeragić. Evaluating the presented prosecution evidence individually and collectively, the Court decided as in the operative part of the Verdict for the following reasons: The conclusion of the Court that Accused Leonard Dushi and Eljmi Iseni committed the criminal offenses stated in the operative part of the Verdict, in a manner, at the place and time as specified in the Verdict, stems from the prosecution evidence –primarily from the testimonies of the witnesses, as well as from other documentary evidence presented at the main trial. More specifically, witness Alfons Rakaj, whose statement, as decided by the Panel, was read out at the main trial, said in his statement of 27 September 2005 that: he knows a man by the name Leonard and that he also knows Leonard’s father by appearances, that he knows that Leonard is a citizen of the Republic of Albania and lives in Shkodar but that he has not lived there for several years and only occasionally comes to Albania to see the family. He has not seen Leonard as of the time when he married a woman called Neside a year ago but he saw Leonard’s wife 7 to 10 days ago and he knows that she is pregnant. His family knows Leonard as well as family of Leonard’s wife. He expressed to his parents his wish to go to Italy and to find employment there, and his parents thereafter contacted a person unknown to him in reference to his transfer to Italy and that person was in the place of Tuzi, Serbia and Montenegro. The same person promised that he would transport him to Italy illegally as he was told by his parents. On 21 September 2005, together with his acquaintance Ler Ermal, in a van, he started from Skadar to a place nearby the border between Albania and Montenegro. He explained that this van was anyway a taxi and constantly circulates between Skadar and the border. He and Ermal, on foot, with a guide and using the forest path, entered Montenegro outside the border crossing where a grey Golf (vehicle) was waiting for them. The guide handed them over to the Golf driver and another man, approximately 35 years old, approached the vehicle and introduced himself as a man that his family talked to. He cannot remember what name he said when introducing himself. He told them that they would change vehicles but that they would come to

Italy. They each gave EUR 400.00 to that man and then the driver took them by a Golf to the place of Tuzi where he told them to change the vehicle from Golf to an old, dark brown Opel car which had a taxi sign on its roof. That taxi driver drove them to Nikšić, accommodated them in a hotel where they stayed for two or three days. They did not pay anything, food and accommodation were paid. He was not told anything as to whether his family made an agreement to give somebody money for his illegal transfer to Italy. Thereafter, an older man, in a completely different car and in a company of a young boy, came to pick them up and after a shorter drive they got out from the vehicle together with this boy and walked to some smaller forest. In the forest, a van without seats was parked and in it they found some 4 to 5 young boys from Albania. They entered the vehicle and that boy sat behind the steering wheel so they set off. After a couple of hours drive through the forest they stopped and the young boy told them they would sleep in a tent. Then, he left in a van and the next morning other two men came to pick them up so they walked for some hour or two and he thinks that then they entered Bosnia. There were surrounded with nothing but the forest. Then the other white van came to pick them up and some man drove them for approximately two hours and stopped by the road where the other two black vehicles were waiting for them. He thinks that these were Bosnian vehicles because they arrived to Sarajevo in a short period of time They stopped in the place where he saw one pie shop, one supermarket and one fruit and vegetable shop. The drivers told them to stay there and wait and after an hour of waiting, since nobody was coming, he texted the message home, to his parents in Albania. They gave him Leonard’s number and then using his own mobile phone he called Leonard and described to him where they were. Leonard told him that he could not come immediately to pick them up and that he would phone his friend and if a friend could not find them then Leonard would again explain to his friend their location. Some 5 or 10 minutes later, a man in a red vehicle arrived, he thinks that it was Fiat, and told them that he was Leonard’s friend, that he sent for them, that he would take them to an apartment and accommodate and that they should not open the door to anyone. He did not see Leonard at all, because he did not show up, and they stayed in the apartment for one day and night. In the presence of the interpreter they showed him a photograph of a person, in the II Police Department, and he claims that it was the man who came to pick them up at the place where people who drove them had left them. The other persons probably had agreed to come to that place so they left while he and his friend waited for Leonard’ s answer and arrival of this man whose photograph he saw with police officer in the presence of the certified court interpreter and inspector of the Section for Foreigners within the Ministry of Interior of the Canton Sarajevo. He was told that it was the person who came to pick them up in a red vehicle, that his name was Eljmi Iseni from Kumanovo. That man drove them to the apartment. He told to his parents that he was in the middle of the street in Sarajevo, and they probably thereafter went to see Leonard’s wife, looked for the number and they texted him the number so he contacted Leonard. The Court found that the testimony of this witness is objective and credible not finding a single reason that he was not telling the truth. This witness is clearly describing the manner in which their illegal transfer from Albania to Sarajevo was organized, for money, and what was the role of Accused Leonard Dushi and Eljmi Iseni in the transfer and how Eljmi Iseni, directed by Leonard Dushi, then took them

to the apartment at Envera Šehovića Street, in Sarajevo, where he accommodated them temporarily until they were handed out to other persons who were supposed to transport them further, to the Western European countries. Witness Ermal Ler also spoke about the aforementioned and his statement was read out at the main trial. He stated the following: that he knows a person by the nickname Leo who is his neighbor in the place of Shkoder as well as his wife, nicknamed Ela, who is currently pregnant. He also knows his father who is a teacher of English language in Shkoder. Together with his friend Alfons Rakaj he contacted Leo’s wife approximately three months ago and she told them that they could go to Sarajevo and contact Leo who would help them get a job in Sarajevo. From his wife they got Leo’s mobile phone number but later when they arrived to Sarajevo and contacted Leo they threw away that paper. From Albania they set forth on Saturday, on 24 September 2005. They crossed the border between Albania and Serbia and Montenegro regularly and arrived to Tuzi where they found one taxi driver and asked him to drive them to Sarajevo. He agreed to it if they would pay Eur 800.00 per a person which they accepted. It was brownish taxi, Opel Cadet or Vectra, with Nikšić license plates and when they arrived to Sarajevo they each gave EUR 800.00 to a taxi driver. In Nikšić, the taxi driver took off the TAXI sign from the vehicle and they continued driving during the night time as in an ordinary vehicle. For a time, they were driving on regular roads and later that driver was driving them through some forests and on the roads not familiar to him. For a couple of hours another vehicle was driving in front of the vehicle they were in and there was also one vehicle behind so they drove until they came in the vicinity of some soldier when these two vehicles disappeared from sight and the driver of their vehicle gave some paper to that soldier. He thinks that it was not a passport, nobody asked to see their passports. He thinks that they arrived to Sarajevo around 9,00 hrs. The driver brought them to Sarajevo through some village, he saw some houses and the sign “Police”, the driver speeded up a little while passing by the police and they entered the city. They pulled over in front of some motel, gave money to the driver and then he left. They managed to arrange with some man to take his mobile phone to phone Leo, so he spoke with Leonard-Leo on the mobile phone. He explained to Leo their location and Leo told them to wait for him. About 20 minute later, Leonard came in a red Fiat Punto and drove them directly to the apartment where the police found them. Leonard stayed with them in the apartment for just 10 minutes and said that he would come and visit them. They did not leave the apartment at all but late in the afternoon the police banged on the door and they did not dare to open the door. They did not call Leonard to tell him because they were afraid. The police came again on 27 September 2005 when they banged hard so they opened because they were afraid that the police would enter the apartment by force upon the order of the Court. They were brought in and he gave the statement in the presence of a certified court interpreter for Albanian language. He knows that he could not enter BiH without visa but he also knows that he has to pay the price of his arrival to BiH. He only had EUR 10.00 left, he has no family in Sarajevo so he thought he could do some job. Although this testimony is somewhat different from the testimony of witness Alfons Rakaj, based on what the witness has said, it can be concluded that their crossing was organized, that it was for money, that it was from Albania via Montenegro to Bosnia and Herzegovina and that Leonard Dushi had a role in that transfer given that the witness himself says that he knows that he could not enter BiH without visa but he also knew that he had to pay a price of his arrival to BiH.

Witness Zdravko Vinovrški, in his testimony said the following: that he knows Eljmi Iseni because his agency provides bookkeeping services for Iseni’s company. His only business with him referred to bookkeeping and he does not know what type of car he is driving, but he knows that there were several cars. Once, when Iseni got a baby he phoned him asking where to buy a crib for the baby. He told him that he forgot his mobile phone in the car and that he was is in a furniture showroom so he asked the witness to go to his car and get him the phone because somebody might call him. He remembers that it was some red car, some Fiat, but he does not know whether it was Iseni’s property. He came to the car, took out the mobile phone and when he wanted to close the door a man in civilian clothes approached him and said not to run. That man showed him that he was an official person and asked him what he was doing next to the car. Then, he was taken to the Police Department Novo Sarajevo and they asked him about the same circumstances that he has just explained. Iseni was frequently forgetting the mobile phone in the car. Had he known that it was connected with the criminal actions he would have in no case gone to the car. He has always had correct relationship with Iseni so he is a signatory to the bank account because Iseni trusted him. Then, he explains that he got the car keys from Iseni because he came to him in a car and he does not know from which place Iseni called him. He told him to come to the main post office, Šipad department store, and to bring him the phone. The car was at Envera Šehovića Street, next to Gorenje shop. The witness parked the car next to the red car, unlocked the car and took the mobile phone. Witness Amer Omeragić stated the following: on 27 September 2005, he was in the operational team with the SFOR members from Italy. A house where Dushi allegedly lived had to be placed under surveillance. It was known that he was driving red Fiat Punto. At one point, he noticed a person who parked the aforementioned car, left the car and headed to the building in which, as it was thought, Dushi was residing. When he asked the person to show the ID card it was found that it was some Zdravko who, as he states, was sent by Eljemi Iseni to re-park the car. After that, another person came to the car and when he showed his ID card it was established that it was Eljmi Iseni recognized by the witness in the courtroom. Witness Irfan Kaljača stated the following: on 27 September 2005, he was sent with his co-worker to Envera Šehovića Street, because there were some indications that Dushi was using red Fiat Punto and that it was allegedly left at the parking lot behind the School of Veterinary Medicine. An older man appeared and said that he got the key from a certain gentleman to move the car. He cannot remember the name but he does remember that he was an older gentleman older man and gray-haired. He was called to give statement and following inspection of the car they found the mobile phone and that gentleman contacted some other gentleman who came after couple of moments, and it was Eljmi Iseni. The witness explained that the car had already been parked when he and colleague Omeragić came and an hour later an older gentleman arrived. The uniformed officers reported that the person who parked the car left and that they should come to monitor the car. The fact that Alfons Rakaj and Ermal Ler were accommodated in the apartment rented by Leonard Dushi at 36/III Envera Sehovica St. was also confirmed by inspector Mehmed Zečić, II Police Department Sarajevo, who stated that they searched the

apartment upon the order of the Court and in the apartment they found two Albanian nationals with the travel documents to the name of Ermal Ler and Alfons Rakaj, who did not have any stamp affixed in the travel document when crossing the border and it is known that Albanian nationals must have visas to enter BiH. This witness has stated, inter alia, that numerous documents were found in the apartment, including, among other things, the travel document of the Republic of Albania to the name of Leonard Dushi with his photograph which was glued up under a drawer of a table as well as ID with the photograph of Leonard Dushi but to the name of Avni Krasniqi. The foregoing is also corroborated by the Official Note issued by the II Police Department, Ministry of Internal Affairs of the Sarajevo Canton number 02/3-2-3-KU: 8972/05 dated 4 October 2005. These documents, according to the receipt on temporarily seized objects dated 27 September 2005, are seized temporarily and forwarded for expert evaluation. The expert evaluation was carried out by Ismet Katana, graduated criminologist, MUP Inspector, Sarajevo, Crime Technique Department, as an expert, who following the expert evaluation of the documents concluded that the form of FRY identity card, serial number CP 00013147 issued to the name of Avni Krasniqi on 12 September 2001, registration number KP25581, is authentic which is confirmed by the protection elements as follows: watermarks in the paper structure are very expressive, fluorescence of serial number and protective meryl fibers are very expressed, micro protection printing is extremely well-done. However, inspecting the part of the disputable document, under the photograph, on two places, the traces of damages to the document structure were found. They are not found on the back of the photograph which proves that when the original photograph was removed a part of the form was also removed. Inspecting a part of the form with the parts of the stamp, on the disputable document, under the forensic light source, it is established that there are traces of the previously affixed stamp, removed in an unknown manner, and once the new photograph is placed new stamps were affixed as well. Regarding the travel document of the Republic of Albania number: ZO838713, issued on 4 February 2004 to the name of Leonard Dushi, the expert witness found that it is authentic which is proved by the fact that all the pages of the disputable document are protected with watermark, fluorescence on each page of the disputable document is very expressed with fluoresce of meryl fibers in two colors, protective foil on the other side of the disputable document has expressed protections and the manner of the data entering (text and photograph) is impeccable. Considering the aforementioned, the expert witness gave its expert opinion that the identity card, serial number CP00013147 issued to the name of Avni Krasniqi, is falsified by replacement of a photograph while the travel document of the Republic of Albania number: ZO838713, issued to the name of Leonard Dushi is authentic. Witness Rešat Šalja, in his statement given on 7 September 2005, which is also read out at the main trial, stated: that he is a citizen of Macedonia where he has a permanent residence in the village of Lipkovo, Kumanovo Municipality. Given that he could not find a job in the place of birth, he sold some land and thought, as an asylum seeker, to travel to some Western European country, to be precise, to Belgium. On 3 August 2005 he came to Sarajevo, to the apartment rented by his acquaintance, at 36 Enevera Šehovića St. His acquaintance is Besim Elšani, he had arrived to Sarajevo much earlier, so at his invitation he came to that apartment. He is explaining

that he was also in Sarajevo on 24 November 2004 when he met Besim and that on that occasion he told him that he wanted to go to Belgium and that Besim promised him that he could do that. This was the reason why he came to Sarajevo, and temporarily stayed at Besim’s place and he told him that he had to give him EUR 300.00 for the transfer from BiH to Belgium. He gave him the money, by giving him smaller amounts in euros, so that the sum reached the agreed EUR 300.00. All the aforementioned took place in the period from 3 August 2005 until 6 September 2005 when he realized that the deal agreed, that is, his transfer to Belgium was off which was the reason for him to come to the Police Department Novo Sarajevo on 6 September 2005 to file a report against Besim Elšani for the criminal offense of fraud. Anyway, when he came to Sarajevo he did not register with the Section for Foreigners because he thought that his transit via Sarajevo would be very short and Besim promised him the same. When he was arranging details with Besim he was told that it would be done illegally, but Besim did not speak about manner of the transfer nor did he explain details of it; he told him that his only concern was to give him EUR 300.00 and the rest was Besim’s concern. Finally, the witness explained that in 2001 he was wounded during the war in Macedonia and thought to get to Belgium illegally as an asylum seeker, where he could easily get the documents based on the fact that he was coming from the country at war and that he was wounded. This was the reason for his arrival to Sarajevo where he met Besim in order to agree further details about his illegal transfer to Belgium. The Court evaluated this statement of the witness as objective, precise and convincing and as such it corroborates the fact that Leonard Dushi, together with other persons, for a longer period of time and for gain, was transferring across the border persons who did not meet the conditions for legal entry over the state border. The fact that Rešat Šalja on the aforementioned day filed the criminal report against Besim Elšani was also confirmed by witness Samir Selimović who, in the capacity as an authorized official person of the II PD Sarajevo, made the Record on receipt of oral report on 7 September 2005, when Rešat Šalja filed the report against Besim Elšani for the criminal offense of fraud. The witness explained that he was on duty at the time and that a person came, whose name he cannot remember, and reported the other person that committed a fraud to him and said that this other person brought him to BiH and was supposed to further transfer him to Belgium for EUR 300.00. He thinks he mentioned that the above person is Besim Elšani. The truth is, that witness Rešat Šalja later on, to be precise, on 9 September 2005, changed his statement so before the Cantonal Prosecutor he stated that some 6 months ago he had been in Sarajevo when he met Besim Elšani who on that occasion gave him his mobile phone number. He explained that he is sick because he was wounded in both legs so was constantly taking tranquilizers. In the beginning of August he contacted Besim asking him if he could come to Sarajevo and stay at his place. So, he came to Sarajevo, having no intentions whatsoever to go anywhere else. He was sleeping at Besim’s place and indented to go to Zagreb to his friend later. When he arrived to Sarajevo he had EUR 1,200.00 and gave some money to Besim for food but in the casino he lost the money, the first time he lost around EUR 150.00 and then he gave EUR 150.00 to Besim to gamble on his behalf so they lost that as well. After that, he was going every day to the casino to try to win the money back but he lost everything, so he even sold the watch and mobile. After that, he was distracted, did

not know what to do, therefore, he went to the police and reported Besim. In the police he did say that he agreed with Besim to transfer him to Belgium, for EUR 300.00, but it is not true. He had no deal with Besim to transfer him abroad. Besim was good to him and he stayed at his place for free. Although this statement of the witness is significantly different from the previous statement, this Court cannot give credence to the changed statement, given that the witness did not state the reasons for this change which would be credible for the Court thus the Court deemed that the statement was changed only to relieve Leonard Dushi of the responsibility. Witness Rešat Šalja, gave another statement on 9 September 2005 in the Crime Police Department of the II PD Sarajevo, where he stated that during the period of a month and half he was residing at 36/III Envera Šehovića St., in the apartment owned by Zahida Imširović from Tuzla. He remembers that on 3 August 2005 when he came from Macedonia to Sarajevo, he contacted by phone a person who introduced himself as Besim Elšani from Prizren and who brought him to the apartment that he had previously rented at 36/III Envera Šehovića St. He intended to go to Zagreb and waited for some appropriate moment to get a visa. He knows Besim Elšani from the previous period when he had come to Sarajevo in November 2004. When the police officers came to the apartment at 36/III Envera Šehovića St., the apartment was searched and on that occasion different travel documents were found including Italian identity card to the name of Besim Elšani but the witness states that he had nothing to do with it nor did he know that these documents exist. Witness Mehmed Zečić also testified about the search and found documents and said that in performance of his regular tasks he obtained the data that the real name of the person using the travel document of Serbia and Montenegro to the name of Besim Elšani, is not as stated but that his name actually is Leonard. When he obtained the first information he did not obtained the data on his surname but only the name and nickname. He had direct information that the Accused was involved in production and trafficking in narcotics, organization of aggravated robberies and illegal transfer of people over the BiH border, mostly Albanians. He thinks that it was August 2005 when Rešat Šalja came to the Police Department and filed the report against Besim Elšani in which he stated that he had arrived from Macedonia and that his aim was for Besim Elšani to organize his transport to Belgium. Following filing of the report, the police officers located Besim, he was arrested and ordered into custody. However, right away, the next day, Rešat withdrew his report. He does not know why he did it but he thinks that different criminal groups exercised pressure and that it was the reason for the withdrawal of the report. At that time, the witness had already been given the order for the search of the apartment at 36 Envera Šehovića St. and since Rešat Šalja had the key of the apartment, they found him and in his presence searched it. In the apartment they found an Italian identity card with the photograph of Leonard Dushi, two Albanian travel documents with photographs of some other persons as well as the slips and hundreds of other documents. The Record was made on the aforementioned and objects temporarily seized. According to the Receipt on Temporarily Seized Objects number 02/3-2-3-363/05 dated 9 September 2005, from Rešat Šalja the following objects were temporarily seized: an ID card of the Republic of Italia number AH 544781 bearing the name of

Leonard Dushi from Albania with the photograph of Besim Elšani; a travel document of the Republic of Albania number 1806780 to the name of Quefalija Petrit, issued on 17 March 2001 in the place of Shkoder; a travel document of the Republic of Albania to the name of Rexepi Bujar issued on 19 February 2004; a certificate of registration of stay issued on 18 November 2004 in the Section for Foreigners of the Canton Sarajevo Ministry of Interior to the name of Besim Elšani; a certificate of registration of stay issued on 19 November 2004 in the Section for Foreigners of the Canton Sarajevo Ministry of Interior to the name of Sule Zeneli; a copy of the first and second page of the travel document issued in Priština to the name of Besim Elšani and health insurance card to the name of Leonard Dushi issued in Italy on 28 January 2002. Based on the report filed by Rešat Šalja, the Cantonal Prosecutor’s Office Sarajevo, under the number KT 3177/05, by the Order on Conducting the Investigation dated 7 September 2005, opened the investigation against Besim Elšani for the criminal offense of Fraud referred to in Article 294(1) of the CC of FBiH, and since it pertains to a foreigner the custody was ordered pursuant to Article 146(1) a) of the CPC of FBiH as it arises from the letter of the Cantonal Prosecutor number KT 3318/05 dated 28 October 2005 sent to the Ministry of Internal Affairs of the Sarajevo Canton. Further in the letter is stated that the investigation was closed by the Order dated 15 September 2005 due to the lack of the grounded suspicion that Besim Elšani has committed the aforementioned criminal offense. During the conduct of the proceedings the Court had at its disposal the passport issued to the name of Besim Elšani, FRY number 002843014. Due to the indications that the identity of Besim Elšani is disputable, on 8 September 2005, the MUP of the Sarajevo Canton, Crime Police Sector, Crime Technique Department, upon the order of the Prosecutor, carried out expert evaluation of the passport concerned and found that the travel document of the FRY under the said number contains no traces which would indicate forgery of both the written text and replacement of the photograph. Following completion of the investigation and upon the request of the defense counsel for the suspect, attorney Muhamed Podrug, on 23 September 2005, the passport was given back to the defense counsel. The letter further states that in the meantime the criminal report to the name of Leonard Dushi from Albania was received from the Ministry of Internal Affairs of the Canton with a note that it concerned the same person with the identification data to the name of Besim Elšani and the identity card of the Republic of Italia number AH 5447810 issued on 13 September 2001 to the name of Leonard Dushi, born on 27 May 1972, in the place of Shkoder, Republic of Albania, and with the same photograph as on the FRY passport number 002843014. The fact that the travel document-passport to the name of Besim Elšani was given back to attorney Muhamed Podrug ensues from the Official Note of the Cantonal Prosecutor number KT 3177/05 dated 23 September 2005 indicating that on 23 September 2005, the Defense Counsel for the suspect Besim Ešlani, against whom the investigation for the criminal offense of Fraud referred to in Article 294(1) of the CC of FBiH was terminated, addressed him requesting to get back the passport of the suspect which, given the fact that the investigation was closed, was done and the Prosecutor handed over the passport of Besim Elšani, FRY number 002843014 issued on 2 July 2001. The aforementioned passport was subjected to expert evaluation in the Crime Technique Department of the Crime Police Sector and it was carried out by inspector

Ismet Katana, graduate criminologist, as an expert, who following the expert evaluation stated that the travel document of the FRY, serial number 002843014 is of the authentic form without traces indicating forgery of both written text and replacement of a photograph. The authenticity of the data entered in the document cannot be confirmed due to the difference in the place of residence and the place of issuance. Also, the subject of the expert evaluation were the identification card of the Republic of Italy as well as a sanitary/health card to the name of Leonard Dushi. This expert evaluation was carried out by the expert witness, document examiner, Prof. Esad Bilić, who based on the performed analysis gave his opinion that the form Carta d’Indentieta-identity card of the serial number and form number AH 5447810 is the original form of an identity card of the Republic of Italia. On the form there were no physical and chemical traces suggesting replacement of originally entered contents while in reference to the incriminated document-form Tessera sanitaria- sanitary/health card of the Regione Friuli-Venezia Giulia, Republic of Italy bearing the name of Leonard Dushi, it is not possible to present the opinion on authenticity. Due to the suspicion that the persons Besim Elšani and Leonard Dushi present one and the same person, the request was made to establish the identity of the person who is introducing himself as Besim Elšani. The expert evaluation was carried out by Munib Dedović, as an expert of the Ministry of Internal Affairs of the Sarajevo Canton, Crime Police Sector, Crime Technique Department who, in his finding stated that the fingerprints and palm prints of a person to the name of Besim Elšani, born on 14 March 1972 in Prizren, were forwarded for fingerprinting analysis. They are subjected to signalectic analysis on the premises of the Ministry of Internal Affairs, Sarajevo Canton, on 27 September 2005. Also, the members of the EUFOR Italian battalion forwarded the signalectic material for a person Leonard Dushi, born on 27 May 1972 in Shkoder, which was processed on 31 October 2003. Comparing the fingerprints of the signalectic material of Besim Elšan with the same material forwarded to the name of Leonard Dushi it was established that they are identical and that the identity of the person with legal data-Leonard Dushi, born on 27 May 1972 in Skhoder, is confirmed. Witness Mehmed Zečić, in his statement, said that in August an aggravated robbery on the premises of General Servis in Sarajevo, at Envera Šehovića St. was reported. Three minutes after the alarm set off the patrols arrived to the crime scene but did not find anyone. Some 16-17 days after that, an aggravated robbery was repeated in an identical manner. On that occasion the patrols were also nearby, arrived at the crime scene but did not find anyone. When the witness came to the crime scene he saw that the shop was located across the apartment of Leonard Dushi. Further activities showed that Dushi was taking certain amounts of money in the pie shop Forina and that he left three mobile phones as a pledge. After that he sent two police officers to tell the owner of the pie shop that they had information that he had mobile phones. That man came to the Police Department and brought the phones. Comparing the serial numbers on the mobile phones and serial numbers on the warranty certificate it was established that the numbers are identical. Since the owner stayed overnight in the police department, the identification parade was organized to see whether Alija knew who left the mobile phones to him and he recognized him.

Robberies were carried out in a manner that the glass door was moved and he thinks that the robbery lasted for a minute or two at maximum. He saw the recording of the robbery but could not say with certainty that it was Dushi. The figure was matching but he had a visor cap so he could not be positive that it was the same person. Witness Fadil Aliju, who directly testified at the main trial, in his testimony said: that so far he has seen the first Accused Leonard Dushi 3-4 times because he was coming as a guest but he did not know his name at the time. He lent to him, first KM 70.00 then KM 230.00 and since he did not have to pay him back, he gave him three mobile phones that he gave back to the police and sign the receipt on that occasion. In the police station he identified Leonard Dushi as a person who gave him the phones, he remembers the identification and at the time he pointed at Dushi with 100% certainty. He gave the statement to Azem Mahmutović, that he had not known earlier, but he cannot remember the date. He has never bought the phones but they were given to him a pledge and since he did not pay back the money then it is the same as if he bought them from him, for the amount that he owned to him. He said that the phones were given to him by an unknown person but there was the identification parade when he identified Dushi by his face; he does not know who conducted the procedure, possibly Azem Mahmutović, and he did not know the other two police officers. The police officer did not point at Dushi, first he gave the statement then there was the identification parade and since he did not know the name of that person he recognized him by the figure. Until he saw the face he could not say that it was the man but when they showed him that person then he recognized him and he confirms that the person sitting in the courtroom is really the person who gave him the phones. Nobody else gave him the phones but Dushi, who said that the phones are his phones. Every time when Dushi came to the shop he had a vision cap and in the Police Department he did not have it. The first time he came to the shop alone and the second time with some unknown person. The Court did not have a single reason not to trust the veracity of this witness’s testimony in reference to identification of the person who gave him three mobile phones as a pledge because not only that he pointed at that person in the identification parade in the police station which is documented in the Record on Identification of Persons number 02/3-2-SL/05 dated 27 September 2005 but when he testified he identified Accused Leonard Dushi with certainty in the courtroom as a person who gave him those phones. According to the Receipt on Temporarily Seized Objects issued by the II Police Department - Novo Sarajevo number 02/3-2-3-408/05 dated 27 September 2005, from Fadil Aliu the authorized official person temporarily seized the following objects: mobile phone Nokia 6820 serial number 352505008184527; mobile phone Nokia 6100 serial number 356639002227176; mobile phone Nokia 6021 serial number 355697000443577. The aforementioned phones were returned to Samir Letić, employee of the General Servis as stated in the Receipt on Return of Temporarily Seized Objects number 02/3-2-408/05 dated 29 September 2005. Semir Letić testified as a witness at the main trial when he stated the following: that he is employed in General Servis, in the shop, as a shop assistant. On 13 August 2005, he was called by the security, at around 3 or 4 AM and when he came to the shop he saw that the sliding glass door was broken in as well as the show-case with technical

equipment, mobile phones, DVDs and other. The glass was broken and metal frame demolished. 7 mobile phones, 2 Sony video cameras, 2 Sony photo cameras, one damaged photo camera and Sony house cinema were stolen. All that was taken away is written on the delivery note, with retail price, in the amount of KM 6, 987.00 not including the damage inflicted on the shop. The second robbery took place on 29 August 2005, also at night, and was carried out in the same manner. DVD, 2 photo cameras, 3 mobile phones, 2 disc-man were stolen so that the damage amounts to KM 3,709.00. The witness has never heard of Leonard Dushi nor does he know anything about him. In the shop there is a video surveillance and alarm. Two minutes after the alarm went off the security came and they gave the recording to the police so he did not see the recording. On both occasions the police carried out the crime scene investigation, he knows that fingerprints have not been found but he knows that they found an object, the crow-bar that was used for burglary. According to the crime scene investigation report, made by the crime scene investigation team of the II PD Sarajevo, under the number 02/3-2-3-U-427/05 dated 13 August 2005, the crime scene investigation was carried the day concerned, in the premises of General Servis, because of aggravated robbery and the team found that the aggravated robbery was committed by an unknown person, in a manner that, using a suitable device, he broke the vacuum glass on the entrance door and knocked out the door wing from the door-post and entered the room. Upon entering the showroom, the unknown person, using a suitable object, broke the glass on three doors, on the shop-window with appliances and on that occasion stole two Sony video cameras, 7 mobile phones - Nokia 7260, Nokia 6100, Nokia 6021, Nokia 6820, Sony Ericsson K 700, Samsung SGH-E300 and Samsung SGH-X640, and left with the stolen objects. One mobile phone and one photo camera were found on the floor, in front of the aforementioned shop-window. The aforementioned premises were secured with video surveillance. The crime scene was photographed and the photo documentation is included in the case file. The crime scene investigation was carried out by the authorized official persons of the II PD Sarajevo on 29 August 2005, because of the aggravated robbery in the premises of the same company and documented in the report number 02/3-2-3-U-447/05. By the crime scene investigation it was found that an unknown person committed aggravated robbery, breaking into the premises of General Servis on 28 August 2005, around 5:24 AM, when setting off the alarm was registered. The criminal offense was committed in a manner that an unknown perpetrator, using a suitable hard device, broke the 43x189 cm glass on the entrance sliding door of the company, then used physical strength to knock out the door-post and entered the premises, where, using a hard object, he broke the glass of 42x200 cm on two showcases and stole from them the following: black car DVD player (Sony), two grey cameras (Sony) one of which was S40 type, two grey disc-man (Sony) one of which is MP3, three black mobile phones (Nokia), type 60.20, 60-21 and 6100 one of which has the grey keyboard, and then left the building in an unknown direction. By the crime scene investigation of the interior of the facility one bigger metal rod, so-called “susak”, was discovered next to the door. The crime scene was photographed and photo documentation included in the case file.

At the main trial, using technical equipment, the Court watched the CD with the recording of the camera No. 3 made in the premises of General Servis dated 13 August 2005 and 29 August 2005. The aforementioned CD-recording of the camera No. 3 was subject to expert evaluation by Hazim Šahbaz, graduated electrical engineer, who based on inspection of the CD video material, stated in the conclusion of his Finding and Opinion that these are authentic recordings, taking into account that their comparison with the original files showed that the dates and sizes are identical and that no additional changes or deletions are detected. Evaluating the testimonies of Mehmed Zečić, Alfons Rajak, Ermal Ler and Rešat Šalja, then the fact and circumstances that they testified about, specifically their testimony as to how they made contact with Accused Leonard Dushi (Besim Elšani), manner in which they came to Sarajevo and how many persons participated in their transfer (in particular Alfons Rakaj testified in details and specifically), that they did not cross a single state border over the official crossings and that in their passports they do not have single border crossing stamp (Mehmed Zečić testified about it), that they did not have a visa to enter the state, that hey had to pay for their crossing, whom they called when they arrived to Sarajevo, where they were accommodated and who accommodated them and finally what their intention was, the Court finds proved that Accused Leonard Dushi, as a member of the organized criminal group, committed the criminal offense of smuggling of persons, Albanian nationals from Albania, via the territory of Serbia and Montenegro and Bosnia and Herzegovina with the aim of further transport to the Western European countries and all of it with definite intention to acquire material gain. Taking into consideration the proved facts it is the realistic conclusion of the Court that the Accused is a member of the organized criminal group which commits the criminal offenses, in the specific case it is smuggling of persons, illegal transfer of foreign nationals over the border, in order to acquire material gain, who is also taking concrete actions in perpetration of the criminal offense as a member of the organized criminal group because he is the person who takes them over in the territory of Bosnia and Herzegovina and organizes their further transport over the territory of Bosnia and Herzegovina to the Western European countries. Besides, in the apartment rented by Accused Leonard Dushi the following was found: travel documents of the Republic of Albania with photographs of unknown persons, identity card to the name of Avni Krasniq but with the photograph of Leonard Dushi, which according to the finding of the expert witness was forged by replacement of the photograph, identity card of the Republic of Italy to then name of Leonard Dushi, Certificates of Registration of Stay with the Section for Foreigners within the Ministry of Interior of the Canton Sarajevo to the name of Besim Elšani and Suleta Zeneli as well as the copy of the first and second page of the foreign travel document issued in Priština to the name of Besim Elšani, a sanitary/health card to the name of Leonard Dushi issued in Italy and a travel document of the Republic of Albania issued to the name of Leonard Dushi. This number of the documents found in the rented apartment means that these documents could only be used for commission of criminal offenses and the apartment was used for reception of persons who were illegally coming to Bosnia and

Herzegovina and from there organized their further transport to the country of destination was organized. Evaluating all the foregoing, the Court finds it established beyond a doubt that Accused Leonard Dushi committed the criminal offense of Organized Crime under Article 250(1) in conjunction with the criminal offense of Smuggling of Persons under Article 189(1) of the CC of BiH. The conclusion of the Court that Accused Eljmi Iseni committed the criminal offense of Smuggling of Persons under Article 189(1) of the CC of BiH in conjunction with Article 31 of the CC of BiH, in a manner as specified in the Operative Part of this Verdict, stems from the presented evidence, testimonies of witness Amer Omeragić and Irfan Kaljača as well as witness Alfons Rakaj, whose statement was read out at the main trial, and witness Zdravko Vinovrški which when correlated give a clear picture of the role of Eljmi Iseni. More precisely, witness Alfons Rakaj, said that a man in red car came to pick them up, he thinks that was Fiat, who told them that he was Leonard’s friend and that he sent him to pick them up. He saw the photograph of that man with the police officers and he was told that the name of the person concerned is Eljmi Iseni and that man drove them to the apartment. Witness Elmar Ler stated that Leoanrd came with a car to pick them up and this witness also states that it was red Fiat Punto. Witnesses Irfan Kaljača and Amer Omeragić, who kept the house in which Leonard Dushi lived under surveillance, stated that it was known that Leonard Dushi was using red Fiat Punto. Witness Kaljača stated that the car had already been parked when they arrived and that the uniformed officers reported that the person who parked the car left and that they should come to monitor the car. Based on the statements of both witnesses, after a certain period of time, Zdravko Vinovrški came and told them that Eljmi Iseni sent him to re-park the car. Zdravko contacted Iseni and he came in a short period of time. When they inspected the car they found the mobile phone. Testifying about the same issue, witness Vinovrški said that Eljmi Iseni called him and told that he had forgotten the mobile phone in the car asking the witness to go and take it. The witness remembers that it was a red car, a Fiat, parked at Envera Šehovića St., next to the Gorenje shop and he got the car keys from Iseni becase he came by car to him. When these testimonies are correlated then there is no doubt that it was exactly Accused Eljmi Iseni who took over Alfons Rakaj and Ermal Ler and accommodated them in the apartment of Leonard Dushi, as instructed by Dushi, and told them not to get out anywhere or open the door to anyone.In these actions the Court finds that Accused Eljmi Iseni committed the criminal offence of accessory to Smuggling of Persons in violation of Article 189(1) in conjunction with Article 31 of the CC of BiH.

Further, it is established with certainty that Accused Leonard Dushi had two travel documents, one of the Republic of Albania to the name of Leonard Dushi and also the travel document of the FRY to the name of Besim Elšani and both were with the photograph of Leonard Dushi. According to the Findings of the expert witness both travel documents are authentic, that is, on the original form. Comparing the fingerprints and palm prints of Besim Elšani and signalectic material for Leonard Dushi, forwarded by members of the EUFOR Italian Battalion, the expert witness found that the prints are identical and confirmed the identity of a person having legal data for Leonard Dushi born on 27 May 1972. Taking into consideration the aforementioned, it is indisputable that the travel document to the name of Besim Elšan (which was returned to the Accused following termination of the investigation against him which was conducted by the Cantonal Prosecutor’s Office Sarajevo) issued on 2 July 2001, is forged by its content because the data stated in the travel document in reference to the identity of a person do not match the real personal data of that person, that is, personal data of Leonard Dushi. It is established that Leonard Dushi presented the travel document to the name Besim Elšani to the officers of the II PD as well as to the Cantonal Prosecutor of the Sarajevo Canton and that under that name the investigation was opened against him for the criminal offense of Fraud and custody was ordered. The Cantonal Prosecutor confirms it in his letter sent to the Ministry of Internal Affairs of the Sarajevo Canton. In addition, he states that during the proceedings the Court had at its disposal the passport to the name of Besim Elšani and it was the FRY passport number 002843014, meaning that the identity of the Accused was established based on the presented passport to the name of Besim Elšani. In these actions of Accused Leonard Dushi, the Court finds that he committed the criminal offense of Forgery of a Document under Article 373(2) of the CC of FBiH, given that the travel document is a public document because it is issued by the state-level body and it is suitable to be used in public and legal business as and evidence of some legally relevant fact, in the concrete case, as and evidence of identity of some person. In addition, the Court found established the fact that Accused Leonard Dushi also committed the continued criminal offense of Aggravated Robbery under Article 287(1) a) in conjunction with Article 55 of the CC of FBiH, in the place and at the time as stated in the Operative Part of the Verdict. More specifically, according to the testimony of witness Mehemd Zečić, he learned that Leonard Dushi was taking certain amounts of money in the pie shop Forini and as a pledge left three mobile phones which the owner of the pie shop brought to the police. Comparing the serial numbers on the mobile phones and the warranty certificate of General Servis, where the aggravated robbery was committed, it was established that the serial numbers on those mobile phones are exactly the same as the serial numbers, types and brands of the phones which were stolen from General Servis.

Witness Fadil Aliju, beyond any reasonable doubt, confirmed with certainty that he got the mobile phones as a pledge for borrowed money from Leonard Dushi. Considering the aforementioned evidence, as well as the testimony of witness Semir Letić, Receipt on Temporarily Seized Objects and Return of Temporarily Seized Objects, Reports on the Crime Scene Investigation dated 13 August 2005 and 29 August 2005 and also the CD recording representing parts of the recordings of the control camera in the General Servis company, showing a person who by his figure and appearance resembles Leonard Dushi, while on both recordings it is obvious that it is the same person regardless of the fact that he has a vision cap, it is indisputably confirmed that Accused Leonard Dushi committed the continued criminal offense of Aggravated Robbery under Article 287(1) a) in conjunction with Article 55 of the CC of FBiH. The Accused committed two identical criminal offenses of Aggravated Robbery, no doubt in a short period of time, with the same aim and intentions, in the same premises, with the same injured parties. Considering these integrating elements from both logical and legal aspect, these actions of the Accused constitute a whole of the criminal offense of Aggravated Robbery, that is, they are defined as the continued criminal offense of Aggravated Robbery. The Court deemed justified the Motion of the Prosecutor’ s Office to read out the statements of witness Alfons Rakaj, Ermal Ler and Rešat Šalja at the main trial given the fact that these witnesses were not available to the Prosecutor’ s Office and Court in order to be directly heard and the facts they testified about are actually of huge importance for the criminal proceedings. Precisely, Rakaj and Ler were, after they were found in the apartment, sent back to Albania and the Court, by way of international legal assistance, summoned these witnesses but both of them said that our responsible authorities banned them from entering BiH for a period of 10 years so that they could not come to BiH. Therefore, their arrival to BiH would obviously be very difficult if not impossible. Regarding witness Rešat Šalja, according to the letter of the Ministry of Justice, they were informed by Interpol Skoplje that the summons for this witness was handed over to the person concerned in the village of Lipkovo, Kumanovo, but he did not respond to the summons nor did he inform the Court in any way that he would not appear at the main trial. Since this witness lives in Macedonia, his apprehension would be very difficult and the Court decided that the statements of this witness would also be read out. At the same time, the Court did not accept the objection of the Defense Counsel for the first Accused that statements of the witnesses are not valid because they did not take an oath. The position of this Court is that the statements are absolutely valid because they include all the instructions referred to in Article 100 of the CPC of FBiH and Article 86 of the CPC of BiH. When all the established facts are taken into consideration, real circumstances and actions undertaken by Accused Leonard Dushi, it all indicates the awareness, will and intention of the Accused which constitutes the basis for the conclusion of the Court that the Accused intentionally committed all the criminal actions that he is charged with, as a form of guilt in perpetration of the actions.

Accused Eljmi Iseni was aware that the concrete case concerned smuggling of persons and their illegal transfer over the state border. When in spite of the awareness he went and drove those persons to the apartment, told them not to get out anywhere or open the door to anyone, as instructed by Accused Leonard Dushi, it means that he wished to help Dushi in perpetration of the criminal offence, and thereby he also acted with intent. The Court found Leonard Dushi guilty of the committed criminal offenses and for the criminal offense under Article 250(1) in conjunction with Article 189(1) of the CC BiH the Court imposed on him sentence of imprisonment for a term of 3 (three) years; for the criminal offence of Forgery of a Document in violation of Article 373(2) of the CC of the F BiH imprisonment for a term of 6 (six) months and for the criminal offence of Aggravated Robbery in violation of Article 287(1) a), in conjunction with Article 55 of the CC of the F BiH the imprisonment for a term of 1 (one year) and 10 (ten) months and by applying Article 53 of the CC of BiH the Court sentences him to the compound imprisonment for a term of 5 (five) years. When meting out individual sentences of imprisonment and compound sentence of imprisonment, with the respect to the Accused, the Court took into consideration the following mitigating circumstances: that he is relatively young man, that he is a family man and unemployed, while out of the aggravating circumstances the Court took into consideration the following: demonstrated persistence in commission of the criminal offenses and the fact that there is another ongoing criminal proceedings against him. Evaluating all the circumstances, in particular the gravity of the criminal offenses and the Accused as a perpetrator, the Court finds that the imprisonment punishment the Accused is sentenced to is the adequate criminal sanction commensurate to the gravity of the criminal offense and to the Accused as co-perpetrator. Therefore, it will achieve the purpose of punishment stipulated by the law which shall have educational influence on the Accused not to perpetrate the criminal offense in the future, that is, it shall have preventive influence on others not to perpetrate a criminal offence. The Court imposes on Accused Eljmi Iseni suspended sentence of imprisonment for a term of 10 (ten) months which shall not be carried out if the Accused, in the period of two years following the day the sentence becomes final, does not perpetrate another criminal offence being of the opinion that it is adequate to the circumstances surrounding the case and degree of the criminal responsibility of the Accused. Taking into consideration that the Accused has a family, that he has no prior convictions, the Court believes that in the concrete case, pronouncing a sentence of imprisonment is not necessary to ensure legal protection and that the suspended sentence shall achieve both special and general purpose of punishment stipulated by the law and have educational influence on the Accused not to perpetrate the same or similar criminal offences in the future. Applying Article 74(1) of the Criminal Code of BiH, it was decided to forfeiture from Accused Leonard Dushi the documents found in the rented apartment and listed in the Operative Part of the Verdict, being the objects used in the perpetration of a criminal offence and due to danger that those objects will be used again for the perpetration of a criminal offence.

Pursuant to Article 198(2) of the Criminal Procedure Code of BiH, the aggrieved party is instructed to pursue her claim under property law in a civil action and pursuant to Article 188(4) of the CPC BiH the Court relieved the Accused of the duty to reimburse the costs of the criminal proceedings, because they are unemployed, without regular income so sentencing them to pay the costs of the proceedings would aggravate their economic circumstances. Record-taker PRESIDING JUDGE JUDGE Željka Marenić Nenad Šeleda LEGAL REMEDY: An appeal from this Verdict may be filed with the Appellate Panel of this Court within 15 days after the receipt thereof.