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Today, Sali Berisha was not present at the court session held at GJKKO, as he was accused of "passive corruption", but he was represented by two of his lawyers, Genc Gjokuta and Sokol Mêngjesi.
At a time when Berisha describes the security measure against him as anti-Constitutional, invited to A2 CNN, lawyer Gjokuta took care to clarify that the presence of the defense party today at GJKKO is not a legitimization of the process.
On the contrary, in the show "Debate" with Alba Alishan, Gjokuta clarified that their presence is a documentation of the legitimacy of this session, but also of the entire process as a whole.
" Our presence is not related to the legitimization of the process, but to the submission of requests to put this issue on track. We have to go, make the relevant requests, such as the request for the exclusion of the process, but it documents the de-legitimacy of this process" , said Gjokutaj.
Berisha claims that a security measure could not be assigned to him without first going through the Assembly. The key point on which the entire argument of the former prime minister, but also of his supporters, is based, is the fact that they consider the security measure "mandatory appearance" and the ban on leaving the country as "deprivation of freedom". And in this case, they say that as long as it is intended that a deputy be deprived of his freedom, regardless of the extent to which this is, an approval from the Parliament Institution must be obtained.
" On the basis of the law, on the basis of the practice, the obligation to appear and the restriction of movement are deprivation of liberty, and this is one of those measures that the law says that prison arrest, or house arrest or any other measure that restricts or restricts freedom, is deprivation of liberty. Obligation to appear and the ban on leaving the country are partial deprivation of freedom, but it must be addressed to the Assembly and then the Assembly gives permission for the determination of the measure. We are not talking about the quantity, but about the concept of limiting freedom" , added the lawyer.
Most likely, Berishen will not be present at any court session, because the defense side has received a power of attorney with full rights from the former prime minister, to represent him until the end of this process. For this, he found agreement from the prosecution body, as well as from the judging panel.
"On Berisha's part, 2 powers of attorney were drawn up, one for me and one for my colleague, Sokol Mêngjesin, and we presented the powers of attorney to the court and with the agreement of the prosecutors, it accepted the continuation of the trial in Berisha's absence, as long as he gave us all the fees " , informed Gjokuta.
In the meantime, he articulated a series of accusations against the judge, Irena Gjoka, against whom they filed a lawsuit in SPAK and demanded her dismissal from the case.
" In this session of the verification of the execution of the session and we at the opening of the judicial review, we coincided with the exclusion of judge Irena Gjoka. We submitted the request based on the concrete provision for major reasons of the judge's bias and a report was made to SPAK for abuse of office and this report is about the unconstitutionality of this decision, that it appointed after the insurance in violation of the Constitution. Within 3 days we will file as soon as possible and within 5 days we will examine this request ", concluded Gjokuta.
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