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SPAK refused to investigate January 21, the decision of the Supreme Court is revealed: Contradictory decision of the prosecutor

2024-07-05 19:32:36Aktualitet SHKRUAR NGA REDAKSIA VOX
SPAK refused to investigate January 21, the decision of the Supreme Court is
The protest of January 21, 2011

The decision of the Supreme Court, which decided that the case of "January 21" should be investigated by SPAK, was published this Friday.

In Rajmonda Nika's report, it is requested that former Prime Minister Sali Berisha, former Minister of the Interior, Lulzim Basha and Ndrea Prendi be investigated as organizers of the murders of 4 protesters on January 21, 2011.

Excerpt from the decision:

Referring to the conclusions of the judge for the preliminary investigations at the Special Court of first instance - the argumentation of these conclusions - the College evidences at least a contradictory position (which is also supported by the conclusions of the Court of Appeal) in the justification of the refusal of the treatment/judgment of of the complaint presented by the complainant against the prosecutor's disposition - as long as - although it clearly states "the prosecutor's pronouncement regarding the content of the report - who (always according to the court) has made a preliminary assessment of the data subject to the report" (considered inappropriate to integrate the requisites of recordability, that is, in essence, of the quality of the news/notification of a criminal offense) - concludes, at the same time, that - the content of this statement does not evidence the will of the prosecutor not to pursue criminal prosecution since "the letter (for the transfer of acts for competence to another prosecution - the one at the Court of General Jurisdiction Tirana, according to the definition of Article 28 of the CPC) does not contain any data or element to be evaluated in terms of control over the will (or lack thereof) of the criminal proceeding body - the prosecutor - for the exercise of criminal prosecution".

In the same conditions of verification of the contradictory position - the College also considers the decision of the Court of Appeal - rejecting the judgment of the appellant's appeal against the decision of the court of first instance - according to which - the disposition of the prosecutor "for passing the acts for competence a other prosecutor's office", in accordance with the provisions of Article 28 of the Criminal Procedure Code, is unappealable although - "the letter" - with which this position is formalized - in its content - "crystallizes the position of the prosecutor - the head of the Special Prosecutor's Office - evocative of ascertainment (of the latter) of the absence of indications for the presence of elements of the criminal offense in the charge of special subjects, provided for by Article 75/a of the Criminal Code".


Në përputhje me standarded JTI

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