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Lawyer Kreshnik Spahiu, speaking about the arrest of Mayor Erion Veliaj, said that next week the Court of Appeals may change the measure of arrest for him.
In an interview with "Report TV", he said that the coercive measure for a high-ranking official is excessive, because other measures provided for by the Criminal Code were not taken into account.
" I want to compliment you on the technical way of conducting such an interview with the mayor. Because in the coming days there will be a judicial review in the Appeals Court for the measure of Mayor Erion Veliaj, who is presumed innocent, but is isolated. It is expected that there will be surprises in the court session, because the defense strategy is also justifying the means that Mr. Veliaj is using and pursuing. Veliaj is still under investigation, we do not yet have a completed indictment from the Prosecution or a trial, we are in the phase of reasonable suspicion, which led to the security measure. What is expected is not whether there is evidence or not, guilty or innocent, but a legal battle whether the measure of imprisonment is legal or repressive. Whether the court justifies it according to the Criminal Code or not ", said Spahiu.
He further explained that the Court must provide strong legal and judicial arguments as to why such a restrictive measure is imposed, when the reasons do not hold, therefore it does not constitute a danger and is not an escape.
" The court has the obligation, before issuing a verdict to uphold the prison sentence, to explain why other coercive measures provided for by the Criminal Code, such as house arrest or the obligation to appear, have not been applied. It must justify why they are not applied, and why Veliaj's dangerousness is so high that only prison justifies him. The evidence has been put out to the media, and we are not a court. We need to be two years ahead, because the trial could be in two years. Berisha was put under investigation 3 years ago and has not yet gone to court. We expect to know from the Court why the prison sentence is the most appropriate or legal measure ," the lawyer explained.
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