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Shkruar nga Pamfleti
Tomorrow, the Supreme Court will consider the request of the lawyers of the former deputy of the Democratic Party, Ervin Salianji, for the suspension of the decision of the Court of Appeal, which upheld the decision of the first instance to sentence him to one year in prison.
On the eve of tomorrow's session, Salianji's lawyers have made additional submissions where they request the suspension of the decision "until there is a full and fair examination of the case. The suspension is necessary to guarantee a fair trial, to protect Salianji's constitutional and convention rights, and to ensure that democracy and political representation are not harmed by an unreasonable and disproportionate decision."
Salianji's lawyers claim that the principle of proportionality of punishment was violated in the Appeal decision. According to him, any punishment or restrictive measure of guaranteed freedoms must be balanced, reasonable and consistent with the purpose for which it was applied.
" The sentence of one year in prison for the criminal offense of "False Report", in the case of deputy Ervin Salianji, constitutes a violation of the principle of proportionality, as this sentence is clearly excessive in relation to the nature of the criminal offense and the circumstances of the case. Moreover, it does not fulfill any function of general prevention or special prevention, making its execution unjust and illegal" , states the submissions of the lawyers of the former democratic deputy.
Another article of the constitution that has been violated, according to Salianj's lawyers, is article 22 as well as article 10 of the European Convention on Human Rights, for freedom of expression.
"The case of denunciation carried out by Ervin Salianji, in his capacity as a deputy, falls completely under the protection of these provisions. His activity of denouncing a matter of public interest is supported by the basic principles of freedom of expression, and his criminal punishment for such an action constitutes a direct violation of freedom of expression, contrary to the Constitution and the ECHR".
The side of the former deputy Salianji also estimates that the execution of the Appeal decision on serving the prison sentence also violates the electoral process in the country.
" The execution of such a criminal sentence on the eve of the parliamentary elections of 2025 creates an unfair interference in the electoral process, prohibiting the candidacy and campaign of an active member of parliament. This punishment affects his right to run and participate in the political process as a representative of a significant part of the electorate. Any action that interrupts the possibility of the candidacy of an elected deputy, without a reasoned court decision, is clearly disproportionate, and is an attack on democracy and the freedom of elections ," Salianji's lawyers write.
The case with relator judge Sokol Binaj and is scheduled to be judged in the counseling room on 15.10.2024, at 13:20. /TCH
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