Director, Kosovo Police, can be seen- is shown; this photo was used without the permission
of the latter, actions which according the submitter of the complainant are contrary to the
legal provisions of LGE, respectively Article 35 paragraph 2 of this law, requiring from
ECAP to conduct a more detailed review of this issue.
The submitter of the complaint, as evidence to the allegations, attached a CD as material
evidence to the complaint.
NISMA-AKR-PD Coalition, on his response to the complaint dated 05.10.2019, admitted
that Mr. Ekrem Mustaf, candidate for PM from the abovementioned coalition, has posted
the abovementioned video on his Facebook account but despite the fact that the video was
posted during the campaign, its intention was never to use the official authority of the
complainant. At the end it ended that there were correction measures undertaken and due
to the respect towards the complainant, the posted video was removed from the Facebook
account immediately upon receipt of the complaint.
ECAP, upon review and analyze of the case file, pursuant to Article 117 paragraph 2 of
LGE, found that: Complaint is grounded, based on these reasons:
Panel, upon review of the case file as well as the CD provided as material evidence which
is also published on the Facebook account of the candidate for PM from NISMA-AKR-PD
Coalition, response to the complaint of the coalition in question and other case files,
assessed that NISMA-AKR-PD Coalition has violated provisions of Article 35 paragraph
2 of LGE, which provides as follows:’ No political entity shall, during the course of an
electoral campaign period, encourage or take advantage of a public employee using his or
her public position to campaign for a political entity’, due to the fact that the candidate for
PM from NISMA-AKR-PD Coalition - Ekrem Mustafa, on his Facebook account, used a
photo of General Director of Kosovo Police-Rashit Qalaj, without the permission of the
latter, which means that by this acts, the candidate in question, during his electoral
campaign used the public post -the complainant Rashit Qalaj, which violation is punishable
according to the abovementioned legal provisions.
Panel, while deciding the fine as in the enacting clause of this decision, considered the
circumstances as follows:
The nature of the violation and its potential impact on the electoral process;
Degree and gravity of the violation;
The fact that the political subject participated in earlier elections which means that
the same was aware on obligations and responsibilities during the electoral process;
Political subject has committed a violation of Law on election in force as well as in
the previous elections in Kosovo and
The amount of the funds taken by the political subject from Budget of Republic of
Kosovo in order to organize the activities related to the election campaign.