FLASH
Shkruar nga Pamfleti
The court decided today that former KLA fighter Dritan Goxhaj be extradited at the request of the Special Court of Kosovo based in The Hague.
Goxhaj defended himself today in front of the black squad. In his speech, he reiterated that this extradition is a violation of the law and breaks every International Agreement.
Goxhaj claims that he has never violated the law and what is happening to him is a kidnapping and delivery to the so-called Special Chambers of Kosovo.
Outside the courtroom today there was also a protest organized by civil society and various citizens, who opposed this decision.
Dritan Goxhaj's speech in Court:
In the case under trial, the prosecutor of the Republic of Albania persistently refers only to the articles of the Code of Criminal Procedure of Kosovo and some articles of the regulations of the Court - Specialized Chambers of Kosovo. I don't know if this prosecution body is aware that Kosovo is another country and Albania is currently another country. To my knowledge, until today, I do not know that there is any decision of the Parliament of Albania that recognizes the legal jurisdiction of Kosovo applicable in Albania as well. Precisely for the reason that each state has and applies its jurisdiction in its territory, both these states are obliged to make bilateral legal agreements that are known as international agreements. Since the prosecuting authority likes to refer to the laws of Kosovo, then I too,
In Article 19 of the Constitution of Kosovo, 'Implementation of International Law', point 1, it is written: "International agreements ratified by the Republic of Kosovo become part of the internal legal system. They apply directly. This means that the agreement related to the case is Law No. 2/2013, which is known as the Extradition Agreement. This agreement, in its articles No. 6 and 13, clearly defines how the legal relationship should be carried out in such cases, which was explained in detail by my legal defenders. But, in spite of this, again the prosecution body at the head of their "patriotic obligations" continue to insist that pieces of the Kosovo legal system prevail in our legal system, thus leading us, in this case, to a conflict intentional legal.
However, the legislators in Kosovo have been far-sighted and have foreseen that such conflicts may occur, regardless of the reason. And, for this, in their Constitution they have put a special article, Article 22, 'Direct Implementation of Agreements', where it is written: "Human rights and freedoms guaranteed by international agreements are directly implemented and have priority in case of conflict with the provisions of laws and other acts".
As can be seen, the last paragraph of this article of the Constitution of Kosovo puts the prosecution body with its shoulders against the wall, clearly showing that in our case only the ratified agreement should prevail.
This foresight on the part of Kosovo's legislators, it seems, has also infected our legislators, who have predicted that our Prosecutor's Office may, at some point, lose its way in the yard, as it happened in this case our prosecution body in this process, where it is confusing what is called legal affiliation, which the representatives of this body learn in the first year of the Faculty of Law.
Therefore, for this reason, these legislators have specifically taken care that even in Law 2/2013, 'Extradition Agreement', they put a special article, Article 20, 'Applicable Procedure', where it is written: "Except when this Agreement provides otherwise, procedures related to extradition or temporary arrest are regulated by the legislation of the requested party". This means that everything in this case must be done according to and only according to Albanian laws, thus excluding any kind of claim from the prosecution body.
Kjo tregon se jo vetëm tentativa e prokurorisë për të më rrëmbyer dhe dorëzuar tek ndërmarrja kriminale që quhet Dhomat e Specializuara të Kosovës, por edhe arrestimi dhe mbajtja ime në burg është bërë në mënyrë të jashtëligjshme, në kundërshtim të ligjeve dhe procedurave që parasheh ligji në këtë rast, shkelje këto që nga ana ligjore janë elaboruar nga mbrojtësit e mi.
Nga gjithë sa thashë më lart dhe duke u bazuar në faktin se është po kjo gjykatë dhe trup gjykues që ka shkelur të drejtat e mia dhe se, në asnjë moment deri më tani, nuk e ka zbatuar aspak aksiomën ‘Ligji është i barabartë për të gjithë’, nuk kam aspak ndërmend t’i kërkoj gjë personalisht pasi, edhe pse më janë shkelur të drejtat, për momentin po mundohem që këtë çështje të mos e marr si personale, por si besimtar që jam t’i them vetes “Fali, o Zot, se nuk dinë se çfarë bëjnë!’.
And I only hope that you implement the Constitution of the Republic of Albania and Article 4, point 1, where it is written: "The right constitutes the basis and limits of the state's activity".
Given that the legal system and the courts in particular are an integral part of the state, I wish that this court also remains loyal to this constitution on which it has sworn.
Lini një Përgjigje