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The Legal Adviser and for Electoral Affairs, Ivi Kaso emphasized that from a legal point of view, there is still no formalization of a single charge by SPAK, for former Prime Minister Sali Berisha.
In an interview for the show "Real Story" on 'ABCNews', he stated that judge Irena Gjoka has no right to make a decision, adding that there is a violation of the Constitution. According to him, the judge should verify the security measure.
" There is still no charge filed. We have persons suspected of committing a criminal offense, for whom SPAK is conducting investigations. Not having a legal charge, we don't know if there will be a process or not. Berisha is also facing the courtroom in which the case has been channeled, through his own lawyers. Yesterday, two lawyers appeared with power of attorney. Mr. Berisha has chosen not to go himself for reasons that he has made known. The lawyers have been legitimized, it was decided to continue the session in the absence of Mr. Berisha. The court considered the presence of lawyers sufficient, so this decision has already been taken. Mr. Berisha has filed a complaint against judge Irena Gjoka in SPAK.
Judge Irena Gjoka had to verify the security measure. Based on the code of procedure, the court is obliged to suspend other decision-making, it cannot make a decision. But today the lawyers have made a request to the court that since there are claims that the measure is a restriction of Mr. Berisha's freedom, but not a removal of freedom, the lawyers have asked the court since there is a different meaning of the Constitutional norm of the proceeding body, the case is sent to the Court Constitutional to interpret it once and for all. So now judge Irena Gjoka could only listen to the parties and not give decisions, today she gave a decision, dismissed the request. Due to the fact that he made a decision because he cannot make a decision when he cannot make a decision, he made the lawyers react that way, i.e. leave. After they had an abnormal development in these conditions when the Constitution is violated ", said Kaso, among other things.
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