FLASH
Shkruar nga Pamfleti
On March 12, the Supreme Court will decide whether the case of "January 21" will be investigated by the Prosecutor's Office of Tirana or SPAK. On this date, the parties will also be heard, because the issue is important from the point of view of law.
Meanwhile, it is the family members of one of the victims, Aleks Nika, who demand that the case be investigated by SPAK.
Precisely for this reason, the wife of Aleks Nika, Rajmonda Nika, has sent a letter to the Supreme Court, where she requests the fulfillment of the request that the case be transferred to the Special Prosecutor's Office.
Mentioning a tape where, according to her, all the murder orders of January 21 were recorded in audio format, Rajmonda Nika says that this tape will only be handed over to SPAK.
"The family members of Aleks Nika are absolutely convinced that the murder of him and three other people, as well as the attempt to kill six demonstrators with firearms on the boulevard "Dëshmorët e Kombit" that day, was carried out in accordance with the orders of given by Guard Commander Ndrea Prendi on his radio. All the persons of the chain of command of the guard, who received the orders to shoot the demonstrators who were on the boulevard with firearms, have been recorded in the recording made on the microcassette that we have. We, the family members, will hand over this microcassette only to SPAK, which is the competent institution to investigate state crime, and in which we still believe will reveal the truth of this event", she writes in the letter addressed to the Supreme Court.
Full letter
Dear Judges.
From the beginning I would like to say that I fully agree with the legal arguments presented by lawyer Idajet Beqiri for sending the criminal case related to the murder of my husband Aleks Nika, for competence to SPAK. It is the only institution in which we as a family have faith, that it will investigate the matter comprehensively and objectively.
Now that the Decision of the European Court of Human Rights of Strasbourg in the Nika v. Albania case has been made available to this Court, we believe that a legal basis has been created for the investigation of this case to be transferred to SPAK. I would not like to repeat the legal arguments presented by our lawyer, referring to the content of this decision. However, the arguments presented in the Decision in points 15, 17, 18, 25, 27, 31, 36, 37, 39, 44, 49, 56, 63 are of greater interest in determining the competence for the case to be transferred to SPAK. .
1. Consolidates the Government's objection to the non-exhaustion of domestic legal remedies and dismisses it.
2. Declares the request acceptable.
3. Decides that there was a violation of the procedural aspect of Article 2 of the Convention.
4. Decides that there has been a violation of the essential aspect of Article 2 of the Convention.
Dear Mr. Judges;
We, as the family of Aleks Nika, have a microcassette, where all the voice communications of the guard commander Ndrea Prendi with the leading personnel of the Republic Guard, dated January 21, 2011, are recorded. We heard the content of the entire recording via dictaphone, in family members. A small part of the recording, which reflects the orders given by Guard Commander Ndrea Prendi, has been made known to the public by journalist Artan Hoxha. To our knowledge, this registration has been administered by the Prosecutor's Office of the Judicial District of Tirana, which has the case under investigation.
We, the family members of Aleks Nika, have the absolute conviction that the murder of him and three other people, as well as the attempt to kill six demonstrators with firearms on the "Dëshmorët e Kombit" boulevard that day, was carried out in accordance with the orders given by Guard Commander Ndrea Prendi on his radio. All the persons of the chain of command of the guard, who received the orders to shoot the demonstrators who were on the boulevard with firearms, have been recorded in the recording made on the microcassette that we have. We, the family members, will submit this microcassette only to SPAK, which is the competent institution to investigate state crime, and which we still believe will reveal the truth of this event.
The content of this tape makes it necessary to carry out many investigative actions by SPAK, which will surely lead to the discovery of new evidence and the uncovering of the truth, for all the murders and injuries committed with firearms on the boulevard para the prime minister's office. The Decision of the Strasbourg Court, in its conclusions, seeks to achieve this. Just like the Strasbourg Court, we have studied very carefully all the materials of the investigative and judicial file of this criminal case.
We want the perpetrators of the murders to be discovered and penalized, because they are the ones who, immediately after the event, acted in an organized manner in the destruction of evidence, in the presentation of false evidence, in the performance of concrete actions, hindering the prosecution in the implementation of its duties its legal.
Me dërgimin e çështjes për kompetencë në SPAK, duke patur besim në objektivitetin e hetimit, ne do të kërkojmë në mënyrë të hollësishme kryerjen e shumë veprimeve hetimore, të cilat kemi bindjen se do të çojnë në zbulimin e këtij krimi shtetëror.
Hetimit të kësaj çështje, duhet ti nënshtrohet i gjithë zinxhiri komandues, për të cilin shprehet Gjykata e Strasburgut. Duhet të pyeten nga SPAKu, të gjithë personat që për shkak të detyrës, kanë qenë të pranishëm në Godinën e Kryeministrisë, në momentin që ka ndodhur ngjarja, si dhe ata që për shkak të detyrës, kanë marrë informacione nga organet ligjzbatuese, si ish Kryeministri në detyrë Sali Berisha, ministri i brendshëm Lulëzim Basha, Drejtori i Përgjithshëm i Policisë së Shtetit Hysni Burgaj, Drejtori i Policisë së Qarkut Tiranë Saimir Muça. Po ashtu ish Presidenti Bamir Topi, Prokurorja e Përgjithshme Ina Rama, Kryetari i Shërbimit Informativ Bahri Shaqiri e tjerë. SPAK do ti kërkojmë se për çfarë duhet të japin shpjegime secili prej tyre, në zbatimin e detyrave ligjore kushtetuese që kanë patur ditën e ngjarjes.
All the statements that these people made before the media after the event regarding the murders of January 21, 2011 and from which official sources they got the data that they presented as facts or evidence must be investigated.
We emphasize that the transcription of the audio interception, made public in the media by the investigative journalist Artan Hoxha, and administered by the Tirana District Prosecutor's Office, is more than true for us, the family members of the martyr Aleks Nika, killed on the "Dëshmorët e Kombit" Boulevard. One cannot remain silent towards the order givers and executors, members of the chain of command, present in the Prime Minister's Building. The two parties, the order-giver and the executor in cooperation, have listened well to each other, also due to the fact that they have been wearing headphones the whole time. Guard Commander Ndrea Prendi can be heard when he orders "Keep the weapons ready to fire." Keep weapons in hand ready to fire in the air, then when I say in the body. Artan listens, Artan listens. Artani. I hear, I hear. Ndrea Prendi.-after crossing the wire fence, combat fire will be opened. Got it, got it. Ndrea Prendi. This is the order. Darling, you heard. Two officers of the special unit. Alfred ta,ta,ta blood. (Our Note) Single shots are heard, one after the other. Ndrea Prendi. Alfred takes care of the ammunition. Watch the ammunition.
The commander of the Guard, Ndrea Prendi, also gives orders to other named officers of the special unit group, which, in order to maintain secrecy, are not made public. Nicknames and numbers are also mentioned, of this chain of command, officers of the Guard, receive orders from the Commander of the Guard, Ndrea Prendi, even after the murders of the four martyrs of the Motherland outside the surrounding fence of the Prime Minister's Office, within a few seconds. One of the leaders of the State Police, who was on the same radio waves as Ndrea Prendi, also mentions the Minister of Internal Affairs, who was looking for a person in the command chain of the Guard immediately after the murders. So there are many people in the chain of command who were on Ndrea Prendi's radio waves who heard all the communications between Ndrea Prendi and those who shot whom we will ask SPAK to repeat. There is also written evidence that confirms the giving of orders, but in a truncated way, that it is known who they are specifically and they should be questioned.
In conclusion, we hope that the court will accept our request to send the case for competence to SPAK, which is the only institution that we believe will carry out objective and comprehensive investigations, which is also required by the European Court of Human Rights in Strasbourg.
Alex Nika's wife
Rajmonda Nika
Lini një Përgjigje