Youth Initiative for Human Rights – Kosovo (YIHR KS) had filed an request to the Kosovo Bar Association (OAK) for the initiation of investigations and undertaking of disciplinary measures against Attorney Tomë Gashi, whom on February 14, 2020, can be seen in a video where he kicked the package and personally a citizen while he was begging for pittance in “Mother Teresa” square in Pristina.
After a non-public session for the main disciplinary review on 13.07.2021, the KBA Disciplinary Committee found Attorney Tomë Gashi responsible for unethical actions, violation of duties and authority of the attorney. He was fined EUR 2,500.00 and was required to pay an additional EUR 50.00 as a disciplinary lump sum.
Attorney Gashi filed a complaint against the above mentioned decision of the Disciplinary Committee of the KBA, alleging violations of the provisions of the disciplinary procedure and incorrect application of material right/law.
The KBA Complaints Committee, deciding according to the complaint filed by Attorney Tomë Gashi, in the non-public session held on 21.09.2021 nullified Gashi’s complaint and returned the case for reconsideration.
The Disciplinary Committee of the KBA in reinstatement, after holding the non-public session of the main disciplinary review on 24.11.2021, again decided that Attorney Tomë Gashi is responsible for undertaking unethical actions and has committed serious violations of the duties and authority of the attorney from Article 119 of the KCA Statute, and the same Commission imposes the disciplinary measure of a fine in the amount of EUR 2,500.00. This decision was appealed by Tomë Gashi and the issue was brought as a matter for review by the KBA Complaints Committee once more.
On 21.01.2022, the KBA Complaints Committee rejected Gashi’s complaint of 28.12.2021 as baseless, affirming the Disciplinary Committee’s decision of 24.11.2021.
Furthermore, on 22.02.2022, Attorney Tomë Gashi filed a lawsuit at the Basic Court in Prishtina against the Kosovo Bar Association, proposing that a judgment be issued which fully approves the lawsuit of the plaintiff Tomë Gashi as based, against the defendant OAK and the same decisions were annulled and the return of the amount paid by the plaintiff was required.
The Basic Court in Pristina – the Department for Administrative Affairs, had rejected the claim of the plaintiff Tomë Gashi, against the defendant Kosovo Bar Association in the case of annulment of the decisions of the same nature as it is a final administrative act to not cause any further administrative conflict and to evaluate its legality.
Finally, the Court of Appeal of Kosovo – Department for Administrative Affairs, through a decision, finally rejected the complaint of the plaintiff Tomë Gashi as unfounded/baseless.
