SPAK cites the provisions of the criminal procedure code for investigative secrecy in order not to make public or provide information regarding the investigations it has initiated against Arben Ahmetaj.
Investigative secrecy is foreseen by article 279 of this code, which in its three points leaves the decision-making to the file prosecutor to decide to make public completely, partially, or none of the details from the file in his hands.
In the case of Ahmetaj, "de jure" SPAK has respected the investigative secrecy letter for letter, but the examples that arrive from the same file show that "de facto" for other accused individuals, in this case the opposite happened.
The former Minister of Justice and Lawyer Ylli Manjani cites the case of Mirel Mërtir and accuses the prosecutors of the file of handily releasing materials classified as investigative secrets.
"The media reported from their sources on the residence of Mirel Mërtir in the Netherlands. There is no chance for the media to find those data, except from the investigative file where the answers to the letters from abroad are found", says Manjani.
This is the double standard of SPAK in the investigation of the incinerators and the persons charged with it. In one standard, investigative secrecy is also applied de facto, while in the other standard, the media is used to make personal data public.
In the case of the release of data on Mirel Mërtir, according to the former Minister of Justice Ylli Manjani, they were released either by the prosecutor of the file, or by the officers of the National Bureau of Investigation. In all cases, the disclosure of these secrets is punishable by one to five years in prison according to the provisions of the Criminal Code.