When presenting the SPAK's annual report for 2022, at the beginning of June, the head of the Special Prosecution cited, among other things, the fact that in over 90 percent of their requests for security measures, the court had approved them.
In total, custodial security measures requested by SPAK and approved by the first instance and appeal of the special court increased by 27 percent in 2022 compared to 2021.
The high number more than the quality of the investigations of the special prosecutors suggested that the court has become more of a notary of SPAK and the latter de facto has also taken on the attributes of the court.
Exponents of the socialist majority also raised the concern about the high number of requests for arrest and imprisonment in June. The Minister of Justice, Ulsi Manja, and the Socialist MP, Fatmir Xhafaj, who led the drafting of the reform, asked the special prosecutors to be more compliant with the requirements for security measures and to apply alternative restrictive measures, from prison arrest to to the property guarantee.
Of the new files that SPAK submitted to the court, the advice of Xhafaj and Manja was little followed. SPAK demanded a prison sentence for Jamarbër Malltez, Sali Berisha's son-in-law accused of active corruption of high officials and money laundering. The second charge risks up to 15 years in prison.
The first instance of the special court followed the same standard in this case as in other similar charges, by approving a prison sentence. Immediately after this, Sali Berisha's political offensive against the prosecution and the special court began, attacking both the two prosecutors Arben Kraja and Enkeleda Millonai, as well as the judge Irena Gjoka.
After the legal battle with pleadings and counter pleadings, the case ended in Appeal, where the court rarely decided to ease the security measure, placing Jamarbër Malltez under house arrest and leaving Sali Berisha's obligation to appear, a measure that until now the new authorities of justice they cannot apply it.
But where does the file against Jamarbër Malltez differ from the other files when the security measure in the Appeal was left in prison, just like the first instance? The list of former officials and officials who continue to remain in prison with charges even lighter than those of Jamarbë Malltez is long.
From Vangjush Dako, Safet Gjici to Fredi Beleri. All three of them are accused of milder criminal offenses than money laundering charges, and yet the ongoing requests to ease the security measure have been rejected by the courts.
What changes that in the case of Jamarbër Malltez, the security measure was eased, while in the other three cases it was not? Is it more dangerous for Vangjush Dako, Safet Gjici and Fredi Beleri to escape than Jamarbër Malltezi?
For these questions, it is difficult to say yes, so more than following a standard based on evidence and accusations, the court in the case of Jamarbë Malltez surrendered to the political and public pressure of Sali Berisha.