The Basic Court in Pristina has sentenced 7 and a half years in prison and 8,000 euros fine the Urologist Lutfi Dervishi, in the case known as "Medicus".
He was also banned from practicing the the profession of Urologist for a two-year period.The sentence includes the time he spent in detention on remand, from 4 November 2008 to 3 December 2008 and from 10 January 2017 until the date on which this judgment becomes final.
In the verdict announced today, presiding judge Francesca Fischer said that Dervishi's responsibility is proven.
"It has been proven that Lutfi Dervishi, as the owner of the Medicus clinic and with his personal participation in several transplantation operations, knowing that the Medicus clinic had no transplant surgery permission and knowing that the transplant was prohibited, in cooperation with other persons by means of fraud and misuse of his position has recruited at least 7 people, sheltered and operated them at the 'Medicus' clinic for kidney use and kidney transplantation and transplanted those kidney to recipients bodies," said Fischer, reading the reasoning of the verdict.
"It has been proven beyond reasonable doubt that Dervishi, as a member of an international criminal organization, which has functioned as a structured group since January 2, 2008 to November 2008. Lutfi Dervishi, in his role as owner and manager in the clinic 'Medicus', as a surgeon, in some of the transplant operations together with other people known and unknown by Turkey, Israel and Ukraine have committed the criminal offense of Human Trafficking Persons," she said.
"They have organized their transportation from different countries and then along with other people from Kosovo and abroad have done transplants at the Medicus clinic and have directly and indirectly benefited from financial benefits," the judge added.
Then she has shown of how much money the accused have brnrgizrf from the Dervishi's clinic:
From the witness T3, from Israel, they have benefited $ 100,000;
From witness T4, from Israel, they have benefited 70 thousand euros;
From witness M2, from Israel, they have benefited the sum of $ 108,000;
From witness A1, from Israel, they have benefited the sum of 79 thousand Euros;
From the witness Tadeusz Sadas, from Poland, have benefited the sum of 25 thousand euros;
From witness Raul Fain, from Canada, have benefited the sum of 80 thousand euros;
From witness M1, from Israel, they have benefited the amount of 77 thousand euros;
From witness T2, from Israel, they have benefited from the amount of 80 thousand euros;
From Bezaler Saffron, from Israel, have benefited the sum of 90 thousand euros;
The court also convicted the second accused, the anesthesiologist Sokol Hajdini, who was sentenced to 1 year in prison.
The Presiding Judge, Fischer, said that "it has been proven that Sokol Hajdini, from May 15, 2008 until October 31, 2008, as anesthesiologist, in cooperation with Lutfi Dervishi, along with other well-known and unknown persons, from Kosovo and from abroad, as well as from Turkey, Israel and Ukraine, participated in 7 transplant operations at the Medicus clinic, knowing that the removal of organs for transplantation was illegal in Kosovo."
Lutfi Dervishi, who owned the "Medicus" Clinic where kidney transplantation was performed, was also charged with trafficking human beings and organized crime, while Sokol Hajdini was also accused of serious bodily injury.
Part of this trial was Arban Dervishi, the son of Lutfi Dervishi, but the procedure against him was isolated, because he is on the run.
The Urologist Lutfi Dervishi was convicted by the Basic Court in Pristina with 8 years in prison in 2013, while Sokol Hajdini was sentenced to 3 years.
The Court of Appeals had verified Dervish's sentence, while to Hajdini had increased the prison sentence from 3 to 5 years.
However, the case was returned for retrial by the decision of the Supreme Court of Kosovo. A panel of judges, Valdete Daka and Emine Mustafa and EULEX Judge Elka Filcheva Ermenkova, found a procedural violation during the trial on this case.