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The submitted requests are unfounded in law and evidence. Other requests for exceeding the competences by SPAK are unfounded in law and evidence. All claims for security measures have been subject to judicial review up to the constitutional court, which cannot be said to be invalid.
The GJKKO has rejected the requests of former Prime Minister Sali Berisha, his son-in-law, Jamarbër Malltezi and other defendants, including builder Fatmir Bektashi, who sought the invalidity of SPAK's acts related to the investigations conducted into what is known as the 'Partizani File'.
During the session, SPAK prosecutor Enkeleda Millonai read the request for the trial of the case, while the GJKKO dismissed the request of Berisha and the other defendants for the invalidity of the acts and the unusability of the evidence that has been found so far by SPAK, with the argument that the request is unfounded in law and evidence.
More specifically, the defendants in the 'Partizani' case sought to overturn the decisions legitimized by the preliminary judge Irena Gjoka, who has been under constant attacks by Berisha and Malltezi for many months.
Berisha, Malltezi and the other defendants claimed that SPAK exceeded its powers, but according to the GJKKO, these claims do not hold up.
Also, regarding the security measures, the GJKKO stated that they have passed through all judicial levels, including the Constitutional Court, emphasizing that for this reason the request for absolute invalidity is rejected.
"The submitted claims are unfounded in law and evidence. Other claims for exceeding the competences by SPAK are unfounded in law and evidence. All claims for security measures have been subject to judicial review up to the constitutional court, which cannot be said to be invalid," the panel stated.
Regarding claims about unlicensed experts or experts in conflict of interest, the GJKKO assesses that these cases do not constitute a reason for invalidity of the acts.
According to the GJKKO, the reasons presented by the defense are merely declarative, while the experts from the Institute of Scientific Police acted in accordance with the law.
The court has announced that it will call a topographic expert to testify on his knowledge and qualifications, before ruling on one of the claims related to absolute invalidity.
Meanwhile, the GJKKO has also dismissed the claim for the seizure and examination of computer equipment as unlawful. According to the GJKKO, the seizures carried out at “Studio Pustina” and the data obtained from the company “Homeplan” are legal, but the court has found that the data obtained from the equipment that was later returned to the defendants is unusable.
"There is no violation of the deadlines for the expert assessments. There is no evidence that the experts were impartial or influenced," argued the GJKKO.
The court has found that some of the claims raised by the defense do not fall into the category of preliminary requests, but should be subject to judicial review during the substantive proceedings.
The Partizani affair case went to trial on May 19. Berisha will be tried on charges of passive corruption of senior officials, as he is accused of having, in his capacity as prime minister, taken concrete actions in approving laws and by-laws, where his son-in-law, Jamarbër Malltezi, was also a beneficiary.
Malltezi is under indictment for corruption and money laundering. According to SPAK, he has illegally benefited from a construction business worth 5.4 million euros thanks to government decisions taken by his father-in-law.
Fatmir Bektashi is accused of corruption and money laundering, Malltez's partner and land heir Xhimi Begeja, and financier Andia Pustina, who handled the financial and legal affairs of the company "Homeplan", are accused of money laundering. Also on trial for money laundering are three companies "Kontakt", "Homeplan" and "Studio Pustina".
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