OPEN LETTER/ Come to the dialogue and listen to me speak, otherwise I will cut off your scholarships, you will rot in prison. Please!

 Kliko këtu për të tjera
Voxpress:

Court: Berisha's freedom was not violated! Maltezi was released from prison because there is no risk of him escaping

2023-12-11 15:21:56Aktualitet SHKRUAR NGA REDAKSIA VOX
Court: Berisha's freedom was not violated! Maltezi was released from prison
Former Prime Minister Sali Berisha

The claim of former Prime Minister Sali Berisha, that SPAK should receive authorization from the Assembly, for the measure of security against him, is estimated to be unfounded in evidence.

In the decision announced during the day by the Court of Appeal, which Top Channel has exclusively, the court recalls the constitutional changes of 2012, regarding the shield or immunity of deputies and the concept of inviolability, which in Berisha's case was not violated even by SPAK and not even from the first degree.

The Court of Appeal explains that the measure of obligation to appear, announced for Berisha, is a coercive power that does not take away the personal or physical freedom of the appellant Sali Berisha, but only his freedom of movement abroad.

According to the appeal, this measure that forces the deputy to appear before the judicial police on certain days and hours does not require the authorization of the Assembly of the Republic of Albania, says judge Iliriana Olldashi.

The court explains that parliamentary immunity is not a personal privilege of MPs, but guarantees that each of them can exercise their mandate freely without being exposed to arbitrary political persecution, it is stated in the divulged decision, clarifying that the personal freedom of MP Berisha will to have been affected in the event that deprivation of liberty would be implemented by a court decision; the arrest order of the prosecutor, the arrest on the initiative of the judicial police, the arrest in flagrante delicto", something that did not happen.

This explanation refutes one of Berisha's cards for the Partizani file, which has insisted through lawyers even in the appeal that not obtaining an authorization makes the announced measure discriminatory because of his political beliefs.

The court also rejected the consideration of Berisha and his son-in-law that Irena Gjoka was biased and that they had no opportunity to defend themselves.

Even from the two International Conventions, of which the Republic of Albania is a State Party, it is deduced that corruption is that criminal offense in which the public functionary/official turns into a "tradable item" his authority to perform or not perform an action that is related to his function and this abuse of official power is one of the most serious acts of abuse of office, which goes beyond the limits of the law, for a dishonest benefit, which can be obtained personally by the public official himself or a third party related to it, adds the Court of Appeal.

According to Iliriana Olldashi, by "putting for sale" the authority that he exercises and that has been entrusted to him, the official or high public functionary violates not only the specific duties of his function, but also betrays society in a clean way. The criminal offense typically provided for by Article 260 of the Criminal Code becomes even more serious when the suspicion of its commission is charged to the head of the executive, as was the case at the time of the incident, the complaining investigator Sali Berisha, argues the judge of appeal.

Judge Olldashi explains why she softened the measure against the former prime minister's son-in-law, sending Malltez home from prison. Among other things, the court considers that there is no risk of flight. After the announcement of the decision, SPAK is expected to submit an appeal to the Supreme Court. /Top channel


Në përputhje me standarded JTI

Video

SHIKO KANALIN NE YOUTUBE
×