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According to Njjela, GJKKO will accept SPAK's request based on the fact that the former prime minister has disregarded the law by not respecting the security measure, the obligation to appear for the Partizan affair.
Lawyer Spartak Ngjela has stated that SPAK's request for tightening the measure for former Prime Minister Berisha is legal from the legal point of view
In an interview, he stated that Berisha is not the first to face such a measure. According to him, there are many people who are guarded by the police at the door.
" The court has two decisions for Saliu. One in favor, so the first is against and the second in favor. How can the judge be dismissed? When it is said that the law does not accept it, you must say the provision that it is not allowed. All are guarded by police at the door. Now we are hearing for the first time that it should not. I saw the request of SPAK which says to keep it with a policy.
The court decision is stronger than the law. I listen to them, they have no legal culture at all. The court's decision says this... but the problem is that they have not violated anything according to the law, no right has been violated ", said Ngjela.
If the Court accepts SPAK's request tomorrow, it will mean for Njjela that it is necessary for him to be guarded by the police, because legally, as the lawyer points out, there is no arrest without custody.
Also in this security measure, it is emphasized that Berisha is prohibited from communicating with any other person, except for those who live in the same apartment. If GJKKO accepts it, even this request, the lawyer says, must be respected.
" This is a voice in the wilderness. If you have a court decision that decided this, you should attack the court decision because there is no other force to neutralize it. If the court's decision is challenged, this is correct. The court will take the decision tomorrow. The request of the prosecution is with police protection. Now whether the court accepts it or not, we will see tomorrow. I have the impression that he will admit that he has accepted all the others. The law says house arrest, but there is no arrest without state protection if we are to speak legally. If the court stopped it, it is not allowed. All are in the hands of the court. If you do not agree with the court's decision, take it to the Supreme Court. I don't deal with populism ", said Njela in "Report TV".
While Berisha's statements, Ngjela calls them comical. According to Ngjela, GJKKO will accept SPAK's request based on the fact that the former prime minister has disregarded the law by not respecting the security measure, the obligation to appear for the Partizan affair.
" This is comedy. People who are overwhelmed by tragedy often defend themselves with comedy. This is an axiom in jurisprudence... If the court orders house arrest with police and no communication, there is no one to give it. The signs are that they will take away all his rights because he did not respect the law.
The lack of respect for the law is the disregard of the state force, not of the court. Because state power comes and goes through a court. He made a mistake. He continues the mistake, his job is... ", said Njela.
Asked if Berisha risks further tightening of the security measure, if he does not respect the decision that is expected to be taken by the court tomorrow, Njela said that there will be no other way.
" 100% The measure is tightened, but he cannot go out without permission because the policemen will not let him ," he said.
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