FLASH
Shkruar nga Pamfleti
Dritan Dajti, the author of the murder of four police officers in August 2009, has asked to be released from his cell, claiming that his 25-year prison sentence has ended, a decision given by the Court of Appeal, which accepted his request for trial abbreviated.
Request:
On April 30, 2024, the Court of First Instance of Elbasan General Jurisdiction, with Decision No. 739/13-2024-2032, decided to reduce the sentence for the convict Dritan Dajti to 43 days. On page 2 of this decision, in Chapter II, it is stated:
First, with decision No. 1108/13-2020-2020, dated 11.05.2020, the Court of First Instance of Elbasan has decided to merge the sentences given to the convict Dritan Dajti, into a single sentence with 25 (twenty-five) years of imprisonment; specifically, combining the sentence of 25 years imprisonment given by decision No. 13, dated 08.02.2019 of the Court of Appeal for Serious Crimes, with the sentence of 23 years imprisonment given by Decision No. 146 Act, dated 17.03.2006, of the Judicial District Court Tyrants. This decision has taken final form without being appealed by the parties, dated 26.05.2020.
Secondly, from the content of the letter "Dynamics of serving the sentence for the convict" it results that from the date of his arrest, 07.08.2009, until 30.04.2024, the convict has served a total of 24 (twenty-four) years, 8 ( eight) months and 13 (thirteen) days.
On July 4, 2024, the convict Dritan Dajti and the lawyer chosen by him, Mr. Alban Kapxhiu, requested the Director of IEVP Peqin, to issue the order to carry out the release procedure, because at midnight on July 4, 2024, he was sentenced to 25 years in prison. This is in compliance with Article 30 of LAW No. 79/2020 ON THE EXECUTION OF CRIMINAL DECISIONS and Article 79 of LAW No. 81/2020 ON THE RIGHTS AND TREATMENT OF PRISONERS, which respectively states:
The prison sentence is considered complete and the convict is released when he finishes serving the sentence. ... The release procedure is carried out by the institution of execution of the criminal decision.
The convict is released when the execution of the sentence is completed or, based on the law, by decision of the competent body. The personnel of the institution performs the actions based on the written order of the director of the institution;
As above, the request for the issuance of the order to carry out the procedure for the release of the convict Dritan Dajti was directly related to the legal obligation that the Peqin Criminal Judgment Execution Institution had, to implement Decision No. 739/13-2024-2032, dated 04.30. .2024, of the Court of First Instance of Elbasan General Jurisdiction, which decided to reduce the sentence for Dritan Dajti to 43 days. This decision, which took a definitive form on 04.07.2024, the day when, according to the calculations and evaluation stated by the court in this decision, Dritan Dajti finished serving his sentence of 25 years of imprisonment.
But as it turns out in fact, although Dritan Dajti has completed the execution of the sentence of 25 years imprisonment, the Director of IEVPPeqin, Mr. Florenc Doka has not yet issued the written order for the institution's personnel to carry out the actions for his release.
In these conditions, based on the observations and arguments presented, as well as based on Article 470 of the Penal Code, which expressly states:
The court of the place of execution is competent for examining requests and claims related to its execution;
What I want:
The declaration of the completion of the execution of the sentence of 25 years imprisonment, of the convict Dritan Hasan Dajti.
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