FLASH
Shkruar nga Mero Baze
The mockery of a legitimate request, which is basic and on which the entire process is based, shows that in addition to the lack of desire to implement the law, there are prosecutors within SPAK who want to take their personal and political grudges to the end by trampling on a constitutional right with both feet...
The First Instance Court against Crime and Corruption today finally granted Ilir Meta the right to receive his file and the materials on which the accusation is based, in print format, i.e. a physical copy of it. This is a fair but belated decision, as it has so far prevented the accused from familiarizing himself with the evidence on which the accusation is allegedly based.
The same request was denied to Erion Veliaj today in the same court. The GJKKO claims that the supporting materials for Veliaj are around 60 thousand pages and they refuse to physically print them for him.
After the situation degraded to two different standards within one day and within one court, SPAK announced today that all necessary acts and additional acts have been made available to Mr. Veliaj through his lawyer.
This explanation is an excessive cynicism for a conscious lynching that SPAK and GJKKO are carrying out against an accused. No one is saying that Veliaj's lawyers did not take the materials on a USB. They could also give a USB to Erion Veliaj if he were allowed to use it in prison.
But the Prison Directorate, based on its regulations, considers the introduction of a USB into prison a criminal offense and Veliaj needs to be personally acquainted with the charge as it is his constitutional right.
The mockery of a legitimate request, which is basic and on which the entire process is built, shows that in addition to the lack of desire to enforce the law, there are prosecutors within SPAK who want to take their personal and political grudges to the end by trampling on a constitutional right with both feet.
The request is clear and simple: Erion Veliaj is asking for either a physically printed file, as Ilir Meta was entitled to today, or a court decision that he be allowed a laptop and an offline USB, so that he can read the indictment in his cell.
Erion Veliaj is not free, as he should be, to be able to use the USB that SPAK gave to his lawyer. This malice to appear as if they have fulfilled his request is excessive. SPAK and GJKKO must maintain the equal constitutional standard for every accused. It is a very good thing that Ilir Meta won this right according to sources from the court, but this right belongs to anyone who is detained and is not being prosecuted in a free state.
It's quite simple: a decision by the GJKKO that allows Veliaj to have a computer and use a USB in prison, or a cart with 60 thousand printed pages in his cell. Without this, there is no implementation of the constitutional obligations by SPAK and GJKKO.
The same applies to the constitutional standard for which the Prime Minister has brought the Balluku case to the Constitutional Court.
This constitutional standard was first violated in the Veliaj case. While in the Balluku case, the debate is whether or not Balluku can be suspended as a minister and deputy prime minister, and it is not discussed that she cannot be suspended as an elected official; in the Veliaj case it is quite clear: she was suspended from work as an elected official. So SPAK arrested her at her work office, not in flagrant conditions, but while inaugurating a kindergarten.
The kidnapping from the office to the cell, nine months before the indictment, is de facto his physical suspension from duty. If Edi Rama has a week that counts 34 papers that need to be signed by Balluku, if you take this to the Municipality of Tirana, 3 thousand papers could be made, if Veliaj would not agree to delegate the signature.
When the Constitutional Court ruled that Veliaj could not be dismissed from office, the GJKKO, which arrested him and effectively suspended him from work, should have convened urgently and returned him to office until the trial was over. It did not do so, and every day it does not do so, it is violating the law.
The Constitutional Court does not make executive decisions. It expresses itself on the constitutional framework of the violation of human freedoms or constitutional rights. It has been clearly stated that you cannot dismiss the mayor of Tirana, while they have practically suspended him from work by keeping him in a cell and not returning him. The Venice Commission has made it even clearer and more categorical in its report, recently taking up the case of Turkey.
Imagine now that the Constitutional Court were to rule against the suspension of Ms. Balluku from her duties as a minister - which is a common legal norm - and the GJKKO, again as in the Veliaj case, would not convene and turn this into a decision, ordering the lifting of the suspension, practically stripping the Constitutional Court of its authority.
This story is gradually leading us into a dangerous spiral, where SPAK and GJKKO not only disregard the fundamental rights of citizens, but also the decisions that emanate from the decision-making of the Constitutional Court. Here we are in conditions of institutional paralysis of justice, from the failure to respect the same standards for the same cases, turning Albanian justice into a voluntarist justice, which is not related to the laws and the constitution, but to the appetite of a SPAK prosecutor or some eavesdropped judge of GJKKO.
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