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Aktualitet2023-09-12 22:20:00

"Metamorphosis" target, the Constitutional Court dismisses Genc Tafili's request for freedom

Shkruar nga Pamfleti

"Metamorphosis" target, the Constitutional Court dismisses Genc

23 years ago, the Shkodra Police Director, Arben Zylyftari, was killed. The man sentenced to 25 years in prison for his murder continues to seek freedom. However, the Constitutional Court rejected Genc Tafili's claims. He "knocked" at the Constitutional Court in April of this year and demanded the annulment of the decisions of the Appeal and the Supreme Court, which returned him to the cell, after 4 years of being free.

It was these two courts that changed the decision given in 2017 by the Court of Kruja, which released Tafilaj 3 years, 3 months and 18 days before the end of the quarter-century prison sentence.

The person convicted for the murder of the senior police officer considered the two decisions of the Appeal and the Supreme Court to be unconstitutional, with the claim that in examining his request for early release, these courts should apply the law of the time when he committed the crime and not the current law.

His request was not taken into account by the Constitutional Court. "...Article 64 of the Criminal Code, which was in force at the time of the applicant's conviction (in 2001), cannot be applied at the time of the applicant's application for parole (in 2017). In these circumstances, the College considers that the provision of the criminal law that is in force at the time of the submission of the request for parole by the convict applies, as the fulfillment of the requirements of the law will be verified at this moment".

From the reasoning of the Constitutional Court, in the decision not to consider the case for consideration in the plenary session, the Constitutional Court also overturned Tafilaj's claims for violating the standard of reasoning of the judicial decision.

Before being released on bail, Tafilaj served 21 years and 7 months in prison. Referring to the SPAK "Metamorfoza" file, which also imprisoned a prosecutor, a senior police official and a businessman, while he was at liberty Tafilaj's name was targeted for execution by members of the criminal group.

After the decisions that forced a return to the cell, Tafilaj was arrested in Germany in January 2022 and extradited to Albania 5 months later. / A2 CNN

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