FLASH
Shkruar nga Pamfleti
This evening, the reports compiled by the members of the Mandates Council for the request of SPAK, which seeks to pave the way for the arrest of Sali Berisha, were submitted to the Assembly.
In addition to the report prepared by the majority, the only representative of the opposition in the Council of Mandates, Enkeljed Alibeaj, has come out with a separate report.
The report states that the existence of a legal criminal proceeding against Berisha has been verified, and secondly, the existence of legal conditions for the arrest and control of Berisha has been verified.
It also states that against MP Sali Berisha there is a reasonable suspicion of committing the criminal offenses for which he is accused, and for this reason, he asks the Assembly to pave the way for the removal of Berisha's immunity.
"Finally, as a member of the Council for Immunity, I recommend the plenary session of the Assembly of the Republic of Albania to vote for the approval of the request for authorization, requested by letter no. 16688 prot., dated 12.12.2023 of SPAK "On granting the authorization for arrest/deprivation of liberty, through the replacement of the security measure ", it is stated in the report submitted by Enkelejd Alibeaj.
According to Alibeaj, it is important for the Assembly that the violation of obligations to justice by Berisha is proven.
" Under these conditions, the fact that the person under investigation has not implemented the obligations imposed on him, determined by a court decision, has been proven, repeatedly. CPC, in article 231/1 and 260/3, leaves it to the prosecutor's discretion as to whether or not to request "another more severe measure" than the previous ones. It seems clear that the prosecution has chosen the option that in the absence of compliance with the previous measures, it will ask for another more severe measure. At this point again, the Assembly does not have the right to evaluate whether this need-opportunity, this choice of the prosecution, is evaluated correctly or not. This criterion also falls under the control of judicial jurisdiction. If it will happen that the Assembly will grant the authorization, it will be the court that will evaluate whether or not there is a place for a more serious measure based on the proportionality of the violation - aggravation of the measure. For the Assembly, the fact that the basic premise, the violation of previous obligations, is proven is important. If the court will find the request appropriate, it is its competence, but the Assembly should not interfere in this judicial competence by not granting the requested authorization ", it is stated, among other things, in the report of Alibeaj.
Meanwhile, tomorrow, on 21.12.2023, the next plenary session will take place, while the first item on the agenda is the removal of the immunity of former Prime Minister Sali Berisha.
Lini një Përgjigje