FLASH
Shkruar nga Pamfleti
Sali Berisha's lawyer, Genc Gjokutaj, requested the suspension of the meeting of the Council of Mandates.
Gjokutaj requests the suspension with the argument that the case has been sent to the Constitutional Court and says that the meeting cannot be reviewed until a decision is issued by the Constitutional Court.
"We are aware of the request that SPAK has submitted to you, with the object you described. In fact, as we will prove, with the evidence we have, at the moment this hearing takes place, a request was submitted to the CJK on 14.12.2023, the request of 1/5 of the deputies addressed to the CJK, with the object of the final interpretation of the ninth 73 points 2, the resolution of conflicts of competences between the assembly, SPAK and GJKKO, as regards the restriction of the freedom of the deputy in any form. We have notarized and present this request, as proof that the members are familiar with the fact that it was determined in relation to your decision-making.
The odyssey of security measures against Berisha started in October and the previous security measures, the obligation to appear and the ban on leaving the country were taken at the request of SPAK directed directly to GJKKO. The prosecutor addressed this to the Court, while Berisha is a member of parliament. Your practice, at least in one case that we will refer to, has proceeded with the granting of authorization even for the measure of mandatory appearance and ban on exiting the country. We request the adjournment of this hearing.
You have the decision no. 104 of 2017, which is about Saimir Tahir, in that case the Assembly also gave authorization for "obligation to appear" and not to leave the country. If this assembly would appreciate that other measures, such as the obligation to appear, were not competent and do not contain a security breach, in that case the Assembly will return it to the Prosecutor's Office. Neither the legislator nor you as the Assembly has exhausted it here. So neither more nor less on your part is the measure of the submission obligation. These are measures that limit and infringe on freedom, and such sites must be authorized by the Assembly. The Constitutional Court has in hand our request whether or not this will be considered an infringement or removal of security. SPAK did not address you the first time and now requests authorization for an insurance measure. You cannot fix this, we want the postponement and suspension of this session until the decision of the Constitutional Court, regarding Article 73, said Gjokutaj.
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