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Eduarti, a former physical education teacher from the village of Xhafzotaj in Shijak, an immigrant in Italy, was returning home on June 19, 2020, when he was stopped by police at the Hani i Hotit border crossing.
After formal questions to confirm the identity, the police asked the former teacher if he used social networks, if he had a Facebook and Instagram profile and if the Facebook profile named Bardhi was his.
In the minutes of the interrogation cited in the decision of the Court of Durrës of June 11, 2021, Eduart G. is quoted as admitting that “he had an open Facebook account with the name of Eduart G. and Bardhi G., accounts which he used himself ”.
He says that for some time he did not use profiles and that he also did not remember the passwords. The 41-year-old also clarified that Bardhi was the name by which his relatives called him.
Former physical education teacher, – shows BIRN-, understood why he was being asked, when the police showed him his five posts on the profile named Bardhi, written between December 12, 2017 and January 12, 2018.
In posts, distributions of publications from various sites related to the conflict between Israel and Palestine, Eduart G. had also added a sentence of his own with the call to kill Jews.
“Become people, kill a Jew,” said one of the twice-distributed statuses. The other three posts are also laconic calls to kill, “to save the soul” or “save humanity.”
In January 2020, the Anti-Terror Directorate of the State Police prosecuted the physical education teacher for “Incitement, public call and propaganda for committing acts with terrorist intentions” and “Incitement to hatred and quarrels”.
In front of the police, Eduarti initially claimed that he did not remember the posts, as a long time had passed. He later stated that “it was not intended to incite hatred against a Jewish community, but against particular individuals who committed those crimes.”
Based on these statuses, the Durrës Prosecutor’s Office charged him with “Incitement to hatred and quarrels”. Eduart G. was arrested in June 2020 and after 12 months of investigations and court proceedings, the Durrës prosecution requested in court in June last year that he was sentenced to 3 years in prison.
But the judge who heard the case, Eda Kaja, acquitted him in June last year.
In the reasoning of her innocence, Judge Kaja states that the Facebook statuses written by the 41-year-old lack the “element of will”.
“The element of intent was not absolutely proven, but as it results from the administered evidence and the content of the articles published by it, it is estimated that the elements of the figure of the criminal offense do not exist.“, Writes Kaja.
The prosecution did not agree with Kaja’s reasoning and appealed the case, but the appeal hearing has not yet begun.
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