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The questions that Strasbourg has launched in Albania regarding Berisha's case are clarified

2024-11-27 12:53:10Politikë SHKRUAR NGA REDAKSIA VOX
The questions that Strasbourg has launched in Albania regarding Berisha's
Sali Berisha

The Strasbourg Court has addressed the Albanian authorities with three questions regarding the lawsuit filed by Sali Berisha.

The first question is related to the provisions for setting this court in motion, according to which the plaintiff must first have exhausted his claims at all levels of the Albanian judicial system, in this case, since he enjoys the status of a legislator, even the Constitutional Court.

In the second question, Strasbourg requests information from the Albanian courts regarding the security measures against him and whether these measures are in accordance with Article 5 of the Human Rights Convention. Berisha has raised claims in Strasbourg that the security measures against him are illegal, according to point 4 of this article.

In this question, the Strasbourg Court lists four other sub-questions. First, Strasbourg questions whether impartiality is guaranteed in the special court that issued the first security measure decision against him. Berisha claims the opposite and has accused judge Irena Gjoka of this.

The second sub-question is addressed to all courts. Strasbourg asks them to make available the decisions justifying his detention under house arrest. In the third sub-question, Strasbourg requests the availability of documentation on whether effective legal protection was guaranteed to Sali Berisha. For this part, the lawyers of the leader of the DP have raised claims that the courts have not considered the evidence filed by them.

Fifthly, Strasbourg requests clarifications and making available the timelines of the decisions made, if Berisha has been guaranteed a process within reasonable legal deadlines.

In the end, the Strasbourg Court asks if the security measures against Sali Berisha violate Article 3 of the human rights convention, which is related to the restrictions on the performance of his duties as a deputy. The Constitutional Court of Albania has partially answered this question. The constitutionalist considered the two security measures, that of the obligation to appear and the ban on leaving the country. According to the court, the obligation to appear does not limit Berisha from exercising his duties as a deputy, but the ban on going abroad does.


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