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Shkruar nga Pamfleti
In a perspective beyond politics, but legal, where the fact is the fact, without nuances, the lawyer Arbër Hoxha revealed on A2 CNN, the steps that will be followed after the Council of Mandates removed the immunity of deputy Sali Berisha.
The lawyer said that after the approval, the house arrest/prison security measure against the former prime minister is expected to be executed on Sunday or Monday at the latest. He said that the chances of Berisha breaching the security measure are few, while there was a criticism of the democrat's defense team.
“The request will be made on Friday and then the court will decide within 48 hours to approve or reject the request of the prosecution, but in the best case, the measure can be executed on the day sunday or monday. If he violates the measure of house arrest, SPAK will again turn to the Assembly for the assignment of the security measure of prison arrest, but I do not believe that it will be a concrete case, Berisha is ill-advised by his defense, and often the request for the granting of the authorization to set the security measure is seen as if it was reflected by the justice body, but it is not true", said the lawyer.
One of the biggest claims since the beginning of the time, Berisha had related to judge Irena Gjoka, according to which this judge had a conflict of interest with him, because she had dismissed him many years ago. Based on this claim, lawyer Hoxha says that it does not stand, therefore he also gives arguments on this reasoning.
“In the most normal conditions, the judge could have resigned, however not necessarily, because Berisha performed an action due to duty, that is, not for a personal revenge and in during that period, not only Gjoka was dismissed, but about 60 judges, who today are still part of the justice system, it is not necessarily a conflict of interest, however morally the judge could have resigned", u says the lawyer.
However, Berisha has one more hope, the Constitutional Court.
“Decisions are final and enforceable from the moment the court pronounces itself, while the decision of the CJK has retroactive effect, the CJK decides on the request of the deputies and finds a mistake in setting the security measure, everything from the court of first instance and the appeal are null and the prosecution will have to apply again to the Assembly", concluded Hoxha in the A2 CNN studio.
Today, the Council of Mandates decided "in favor" of SPAK's request for the removal of Sali Berisha's immunity. SPAK's request was approved with 5 "pro" votes. of the majority to which was added the approval of Enkelejd Alibeaj on behalf of the Democratic Party. Thus, the Council of Mandates decided with a unanimous vote to strip Sali Berisha of the immunity provided by the mandate of the deputy, in order to be made available to justice.
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