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Rajoni

The murder of Marigona Osmani, the appeal returns the case to a retrial

The murder of Marigona Osmani, the appeal returns the case to a retrial

The Court of Appeal has canceled the judgment of the Basic Court of Ferizaj against Dardan Krivaqa and Arbë Sejdi, who were convicted for the murder of 18-year-old Marigona Osmani, turning the case into a retrial.

In August 2023, Krivaqa was sentenced to life imprisonment for the murder of Marigona Osmani, while Sejdiu was sentenced to 15 years in prison for assisting in the commission of "aggravated murder".

However, the appeal approved the defense lawyers' complaints about the judgment and said that there were procedural violations during the trial, returning the case to a retrial, while the accused will continue to remain in custody.

"The panel of the second degree has come to the conclusion that in this criminal case, the verdict contains essential violations of the provisions of the criminal procedure, since the reasons for the decisive facts which are essential for proving the criminal responsibility of the accused are missing, for which the court of second instance has given concrete instructions which will have to be eliminated in the retrial stage, by the court of first instance", it was said in the announcement.

As for Sejdi's punishment, Apeli said that he assessed that there were no clear and concrete data "if the actions of the accused are compatible with the features of the criminal offense for which he was declared guilty".

Marigona Osmani was 18 years old when she was killed on August 22, 2021 in the apartment of the main accused, Dardan Krivaqa, in the city of Ferizaj. Krivaqa and Sejdiu had sent the dead body of the victim to the city hospital and then left in an unknown direction.

The indictment stated that Krivaqa on August 21, 2021, at around 10:14, in his apartment, without the consent of the now deceased Marigona Osmani, had forced her to have sexual intercourse and had abused and mistreated her in various ways.

According to the indictment, one day later, on August 22, 2021, Krivaqa and Sejdiu were accused of having deprived Marigona Osman of her life, in an attempt to hide the criminal offense of rape.

They had been charged with a number of criminal offences, including rape, aiding in the commission of rape, as well as aggravated murder in complicity.

Krivaqa and Sejdiu, however, were acquitted of the charge of rape, respectively of aiding in the commission of rape, since according to the Court there was not enough evidence to prove such a thing.

Both were also accused of trying to hide the traces of the crime, trying to hide the footage from the security cameras.