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Imprisonment of Salianji, as the judges of Appeal "did not consider reasonable" the decision of the Supreme Court in the case of Dritan Goxhaj

2024-09-28 15:16:34Aktualitet SHKRUAR NGA REDAKSIA VOX
Imprisonment of Salianji, as the judges of Appeal "did not consider
Ervin Salianji

Ervin Salianji has spent the first day in a cell in Fier prison after being sentenced to one year in prison two days ago by the Court of Appeal in Tirana. He was found guilty of making a false public report.

But according to the journalist Lavdrim Lita, this criminal offense has no legal basis, even more so when there is a decision of the Supreme Court, less than three months ago, which clearly stated that "public denunciation is not a false report" .

"MP Ervin Salianji is in prison for a false report. The judges of the Appeal did not see fit to consult the decision of the Supreme Court, in the case no. 70003-00305-00-2024, dated July 9, 2024, on the claim of the Prosecution for false reporting (Article 312 of the Criminal Code) of Mr. Dritan Goxhaj, who from a TV had allegations about the KLA trial in The Hague.

In the reasoning of judges Ilir Panda, Sokol Binaj and Sandër Simoni, in the Circumstances of the case points 51, 56, 58 and 59, it is stated that the public denunciation is not a false report" , writes the journalist on social networks.

"51. The College assesses that the assessment of the written word as sufficient to be considered incriminating against a citizen is not characteristic of a democratic society and generally contradicts the fundamental rights of a citizen and Article 10 of the European Convention on Human Rights ( ECHR)", it was said, among other things, in the decision of the Supreme Court, for the Goxhaj case.

But the three judges of Appeal Gent Shala, Iliba Bezati and Elona Toro did not see fit to consult this decision of the Supreme Court as the highest judicial body in Albania, but for his public statements they sentenced Ervin Salianj with a year in prison.

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