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"Relatives who decide what we ask of them", Courts submitted to SPAK last year as well 

2024-04-28 13:19:15Investigim SHKRUAR NGA ENDRIT HABILAJ
Altin Dumani

The official data show that the special court submitted to the SPAK during the last year as well, confirming Altin Duman's slip before the High Prosecution Council, when he said that the courts decide what the prosecutors request regarding the guilt of the accused.  

In the largest percentage of cases when the Special Anticorruption Prosecutor's Office closes the investigation files in advance or completely against the persons involved in the matters it investigates, this structure requires the assignment of a coercive measure, such as prison arrest or house arrest. 

The cases are quite few, when SPAK requests "compulsion to appear before the judicial police" or the measure "prohibition of leaving the territory of the country". Referring to the figures of 2023, the Special Anticorruption Court reports that in at least seven cases, GJKKO decided a different measure than the one requested by SPAK for different issues that were investigated last year. 

Specifically, such a case was recorded on February 12, 2023, where SPAK requested the imposition of the coercive personal security measure "house arrest", while the court decided the measure "compulsion to appear before the judicial police" and "prohibition to go outside the state". There were 3 similar cases in February of last year, where in two of them the GJKKO tightens the security measure from "house arrest" to "prison arrest". 


While in the other case, dated the 19th, it is noted that the Special Prosecutor's Office requests house arrest for 4 people and the obligation to appear before the judicial police for 5 others. The trial body in this case, after hearing both parties in the process, decided to partially accept SPAK's request and leave 9 people to appear.

Such decisions taken by the court, in some sessions, were also supported by the claims of the lawyers in the room. There have been situations when the latter have opposed SPAK's request and asked for a milder security measure, saying that the client they protect has health problems, has minor children that no one cares about, or other claims of this kind. the type. 

However, not always the arguments presented by the lawyers, supported by documents or medical reports, were accepted by the special judges. A scandalous event that is easily remembered because it is fresh, taken from the fact that it was recorded last year, is related to the death of Enver Sheshi, who was arrested on November 16 and left behind bars for his involvement in the incinerator of Ferit.

59-year-old Enver Sheshi, through his lawyer, several times requested the Special Court to change the security measure, with the argument that he was suffering from a health problem. But the court of first instance decided to reject this request, which prompted the lawyer to appeal the decision in the Special Appeal. Appeal judge Ilirjana Olldashi upheld the decision of the first instance, causing the request for relaxation of the security measure to be rejected by both levels of the judge.

The fact that the courts did not take into account the medical report at all, it happened that on the afternoon of 16.00 on January 8, 2023, Sheshi passed away at QSUT, as a result of a cardiac arrest. At that time, the family members of Sheshi said that they would report the prosecutors and the judges of the case for the criminal offense of 'Deliberate murder'. 

But the case of the 59-year-old is not the only one, as there have been similar cases in the country's courts. To return to the report, on May 22 it is underlined that SPAK requested the measure "prison arrest" for 3 people and "house arrest" for 2 others. The court partially accepted the request, leaving only one of them in a cell, another one was isolated in the apartment and for 3 people it decided the mitigating measure "obligation to appear". 

In three other investigations carried out by the Special Prosecutor's Office, the measure "arrest in prison" was requested, where the GJKKO did not fully accept the request of SPAK, easing the security measure for some of the persons. But apart from the above-mentioned cases, GJKKO has accepted the requests of the prosecution for different security measures. What is noticeable is that the SPAK for every investigation, almost for every criminal offense, requires that the person investigated by it be left in jail, so that the person against whom the charge is brought does not remain free as it can spoil investigations, or in the worst case, may run away to avoid arrest. 

The past year marked several successes of the Special Anticorruption Prosecutor's Office, starting from the closing of investigations for numerous files, up to the indictment of officials and former high officials, as well as prison sentences by the GJKKO for some of them. . Two days before the year 2024 entered, the Special Court, at the request of SPAK, isolated former Prime Minister Sali Berisha in his apartment, who is being investigated for the privatization of the former Partizani sports club, prohibiting the latter from communicating with other persons, except to those with whom he shares the apartment.

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