FLASH
Shkruar nga PamfletiThe defense lawyer of the former KLA fighter, Dritan Goxhaj, has listed four reasons why he should not be extradited to The Hague.
According to the lawyer, Ardian Visha, the first reason is that the case is of a political nature, secondly because the dossier lacks an extradition document signed by the Minister of Justice of Kosovo, thirdly because the extradition of Goxhaj to the Netherlands is required, thirdly the fact that Albania does not have such an agreement. Fourth, because the offense addressed to Goxhaj is undefined, why it is criminal.
We remind you that today's court hearing for the extradition of former KLA fighter Dritan Goxhaj has been postponed to September 19.
" As a defense, we have raised four cases for which separately and together all the more this process should have been ended and Dritani released. The first one that is very important is that of a political nature.
When the issue is of a political nature, even when it is related to an issue of a political nature, the extradition agreement we have with Kosovo says that extradition is not allowed. Does this case have a political nature? This is a question that you simply answer as the media, as you know both the content and the derivation of this content due to the attention that every Albanian has to the developments taking place in The Hague. The moral support you are giving to the KLA fighters and the leadership of that movement in their legal and just resistance. So the political nature of the case for us was the first point we raised as a reason for refusing extradition.
The second moment is because the dossier lacks an extradition document signed by the Minister of Justice of Kosovo. An extradition dossier must have a request signed by the central authority, which is the Minister of Justice. The bundle contains only the extradition request of the special court. This formal moment is important and has the meaning of rejection in a process of extradition of Goxhaj.
The third moment is that Dritan is required to extradite himself towards the Netherlands and not towards Kosovo. There is a principle that is the right of the brain. And the individual who is promised to be sent to the requesting country will have to be taken within the geographical border of that country which we as the Republic of Albania have defined for Kosovo. The Netherlands is not the territory of Kosovo. Albania does not extradite its citizens to the Netherlands.
The fourth moment is what is called double criminalization. The offense addressed to Dritan is undefined because it is criminal, why his publication on Facebook constitutes a criminal fact. The most important thing is that the court requesting it does not have jurisdiction over this crime. The Hague Court has limited subject matter jurisdiction over certain criminal code offenses and only for a specified period of time. For all four of these moments, we should have had a reaction from the prosecutor. Another important moment a Hague prosecutor was president. He said it is in the capacity of observation. The court refuses the participation of family members and allows the prosecution, so to speak , "said Visha.
Lini një Përgjigje