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Release from prison, four pro-Lefter Koka Constitutionalist judges: Your right was violated

2024-06-23 17:06:23Aktualitet SHKRUAR NGA REDAKSIA VOX
Release from prison, four pro-Lefter Koka Constitutionalist judges: Your right
Lefter Head

Four members of the Constitutional Court were in favor of the request of the former Minister of the Environment, Lefter Koka, for the annulment of the two decisions of the Supreme Court, which refused to release him from the detention cells.

According to them, in the lower courts, Koka's rights guaranteed by the Constitution to detained or convicted persons seeking freedom for health reasons have not been respected.

The position of the members Marsida Xhaferrllari, Fiona Papajorgji, Sonila Bejtja and Sandër Beci, is clarified in the opinion of the minority, in the decision of the Constitutional Court, provided by A2CNN, where the other 5 members, in the majority, decided to dismiss the complaint made by the former minister The head.

At the core of the constitutional appeal of the former official accused by the Special Court for the Fier and Elbasan incinerator affair, was not the security measure "arrest in prison", but the way he was treated by public institutions and courts during detention. when they have rejected the request for mitigation of the measure due to the serious health condition.

In conclusion, the Head asked the Constitutional Court to annul the two decisions of the Supreme Court of February 23, 2023 and return the case for retrial in this court, a request that was rejected. Underlining that the person who has been deprived of his freedom has the right to humane treatment and respect for dignity.

The four constitutional judges in the minority have assessed that in the case of Koka, the lower courts erred in handling the law. According to them, even though they considered as unconvincing an expert report of the Forensic Medicine, which spoke of Koka's "particularly serious condition" and risk of his health in isolation, the courts did not request a new expert opinion, which would to determine whether the conditions for replacement of the insurance measure existed.

"We estimate that the state authorities and the courts have failed to fulfill their duties to respect the basic rights and freedoms of the applicant in accordance with the constitutional guarantees, questioning above all the humane treatment of the detainees".

Former minister Lefter Koka has been in prison since December 2021. He is currently contesting in the Special Appeal the sentences of 6 years and 8 months in prison for the incinerator of Fier and 5 years and 8 months for the incinerator of Elbasan.

While in December 2023, a third security measure "arrest in prison" was assigned to him due to the investigation of the Tirana incinerator./ A2CNN


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