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Shkruar nga Pamfleti
Sali Berisha's lawyer, Genc Gjokutaj, has arrived at the Special Anti-Corruption Court (GJKKO) to withdraw the decision regarding the tightening of security measures against the former prime minister.
After leaving GJKKO, Gjokutaj chose not to give a statement to the media.
In this decision, among other things, it is stated that Berisha did not respect the law, as he chose not to appear in Court, according to the measure that was set earlier, creating disobedience to the authority of the court.
It is also said that due to the functions and influence of other persons, he can intervene and destroy and destroy the evidence.
According to GJKKO, in the specific case under review, it results that the citizen under investigation Sali Berisha, in a deliberate manner, has repeatedly not implemented the obligations imposed on him by the criminal procedural law, in implementation of court decisions, for the appointment of personal coercive measures against him, not appearing before the judicial police officer/investigator.
The claims of the citizen under investigation, Sali Berisha, regarding the security measures assigned to him by the court, should not have been oriented towards their non-compliance, which eventually formed disobedience to the judicial authority, but in any case, based on the rules norms of the criminal procedure, they can be appealed to a higher court.
Moreover, on the part of the person under investigation Sali Berisha, no inherent reason has been presented to justify the violation of the obligations defined in the court decisions.
The applicant's claim that the reason for the non-implementation of the court's decision is related to the argument that authorization should have been given by the Parliament of Albania for the removal of his freedom, before the security measures provided for by articles 233 and 234 of the Criminal Code were set. .Penal, does not stand, as long as the law has clearly provided for the rights and obligations of the parties in this factual situation: the right to appeal against the court's decision, but also the obligation to implement it.
Referring to the circumstances above, the court assesses that the security needs in charge of the investigated Sali Berisha, related to the risk of damage to evidence for the clarification of criminal facts, are such as to justify the security measure "House arrest", since the case is still pending in the phase of investigations and by the prosecutor's office, investigative and procedural actions must still be carried out in the function of this investigation.
Due to the fact that happened, investigations are being carried out in order to fully clarify the circumstances of the fact and because of the function that the citizen under investigation Sali Berisha previously exercised at the time of the commission of the criminal offense, as Prime Minister of the Republic of Albania, but also the function in his current position as a deputy in the Parliament of Albania, the above-mentioned citizen under investigation, due to the relationships created as a result of the exercise of the above functions and the influence he may have on other persons, continues to have the possibility to intervene and affect the destruction or destruction of evidence, as well as the creation of circumstances that make it difficult to gather evidence, which would affect an incomplete investigation for the complete clarification of the criminal fact subject to trial.
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