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The resignation of Erjon Çela from the judgment of Fatmir Mediu, the file is transferred to Irena Gjoka

2023-02-20 10:18:08Aktualitet SHKRUAR NGA REDAKSIA VOX
The resignation of Erjon Çela from the judgment of Fatmir Mediu, the file
Erjon Çela, Irena Gjoka

After the resignation of judge Erjon Çela for the 'Gërdeci' file, the lottery has appointed Irena Gjoka to continue the case.

The court will examine the trial in the preliminary session for the accusations of abuse of office against the former minister Fatmir Mediu, for whom Çela decided not to investigate with the argument that the accusations were time-barred since since 2012 he has not had immunity to be investigated.

Judge Erjon Çela withdrew from the "Gërdeci" file because, according to him, he had expressed himself once about this file. In his arguments in 2021, Judge Çela said that since 2012, Mediu has not had immunity to be investigated and the criminal offenses for misuse of dual duties for which he was investigated were time-barred. 

But his decision was overturned by the Supreme Court, which listed several legal arguments as to why the criminal offense of abuse of office, in the case of Fatmir Mediu, even though 15 years had passed, has not been prescribed.

We remind you that it was the Special Court of First Instance that rejected the SPAK's request to reopen the case, with the argument that the criminal offense was time-barred. But the Court of Appeal overturned the decision of the first instance, confirming SPAK's request.

The Supreme Court, on December 12, 2021, upheld the Appeal decision, overturning Mediu's appeal, which sought the upholding of the first-instance decision. The courts can no longer discuss the statute of limitations or not of the criminal offense for which Fatmir Mediu is accused, but can only examine the criminal fact whether it exists or not. 


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