FLASH
Shkruar nga Pamfleti
"This case will go down in the history of Albanian jurisprudence as the extreme example of brutal violations of every element of due process. It represents the planetary limit of the legal scandal that the so-called "new justice" is producing in Albania."
Today's court hearing against the Mayor of Tirana, Erion Veliaj, was accompanied by debates on the right to defense and the manner of administration of the judicial process.
Regarding this, the lawyers of Mayor Erion Veliaj have reacted with a statement to the media. According to the lawyers, today's court hearing against the Mayor of Tirana confirmed that the ongoing process has exceeded the limits of any minimum standard of a fair trial.
"This case will go down in the history of Albanian jurisprudence as an extreme example of brutal violations of every element of due process ," the statement said.
Veliaj's defense has presented points that they consider violations of a fair trial.
Full reaction:
On today's court session against the Mayor of Tirana, Erion Veliaj
Today's court hearing against the Mayor of Tirana, Erion Veliaj, confirmed once again that the ongoing process has exceeded the limits of any minimum standard of a fair trial.
Even today, Erion Veliaj was forced to continue his defense on his own, despite the fact that the court had assigned him a lawyer, against his will. Even the lawyer appointed by the court clearly stated in the hearing that there was no real opportunity to fully familiarize herself with the file, nor to consult it with Veliaj, and for this reason she requested additional time to exercise her defense.
This request, inexplicably and arbitrarily, was not only rejected by the court, even though it concerned a defense attorney appointed by her, but was also accompanied by jokes and mocking expressions towards her private professional activity, denigrating a free professional chosen by the court itself.
Absurdly, the court considered the defense "exhausted", in a situation where:
•neither the state-appointed lawyer,
•nor Veliaj himself, had been familiar with the file, and consequently had no real opportunity to exercise effective defense.
When the court asked the mayor if he wanted to make a defense, Erion Veliaj clearly stated that he definitely wanted to defend himself, emphasizing that he had come to the hearing even though he was sick, with a fever, precisely for this purpose. But he raised the essential question:
"How can I defend myself when I am not given the opportunity to familiarize myself with the file? You have not even given this opportunity to the lawyer you yourself appointed."
Lawyers for other defendants also intervened in the hearing, emphasizing that such a serious violation of the right to defense had never been seen or heard before, while the solution was elementary: to give Veliaj the opportunity to familiarize himself with the file, even via a laptop. This request was also rejected.
Even more alarming are the arguments raised by the prosecution, repeated in the security measure session, according to which the mayor of Tirana paid lawyers abroad to "lobby" against them, and consequently "has the possibility of finding a lawyer in Albania as well."
This argument is deeply malicious and legally invalid. Erion Veliaj has never claimed that he cannot find a lawyer. He has requested to defend himself precisely in order to have the opportunity to familiarize himself with the file, because no lawyer can conduct a defense without consulting the client and this consultation is impossible without Veliaj himself familiarizing himself with the file. Even the lawyer appointed by the state, not by Veliaj, explained to the court in this session that: "Even if I had been familiar with the file (which has not happened) how can I remember 61 thousand pages and reproduce them for Mr. Veliaj, when they do not give him either printed copies or a laptop to read them on USB".
The prosecutors' stance represents an open hatred towards the lawyer and the right to defense itself. In this dangerous logic, the exercise of the right to defense has become an aggravating circumstance.
The absurdity reaches its peak when the prosecution presents as "evidence" in court:
•a media portal,
•a journalist's opinion, and no legal evidence for so-called "lobbying", a completely legal activity in the United States of America.
The court accepts the portal as evidence and on this basis, considers this an additional reason why Erion Veliaj should continue to be held in prison, why the Mayor of Tirana should continue to be held in prison, and why the citizens of Tirana should continue to be deprived of the leadership of the municipality by their elected representative. So, why he should also stop any protective activity for himself.
Faced with this openly biased behavior, in favor of the prosecution and in complete deafness and blindness to the minimal demands of the defense, Erion Veliaj requested the disqualification of Judge Etleva Deda, who, for reasons known to her and the prosecutors, has become a party to them.
This case will go down in the history of Albanian jurisprudence as an extreme example of brutal violations of every element of due process. It represents the planetary limit of the legal scandal that the so-called “new justice” is producing in Albania.
Ka një lëmsh proçedurial, por që mund të jetë i përligjur. Në kohën kur organi proçedurial i është drejtuar gjykatës, befas gjatë hetimeve ndaj të përfshirëve të tjerë, mund të dalin prova që Lali është 'peshk i madh' dalja e provave që kemi të bëjmë me bashkëpunim në kuadër të një grupi apo organizate të strukturuar kriminale. Lali nuk mund të njihet me hetimet dhe provat, sepse Lali nxjer sekretet. Ku dhe Kujt? A nuk e vizitojë Ministri i Drejtësisë në Qeli?