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Politike

Gerdeci / Court rejects request for reopening of trial against Fatmir Mediu, Arben Kraja speaks for VOA and warns of new developments

Gerdeci / Court rejects request for reopening of trial against Fatmir Mediu,

In Albania, the Special Court of First Instance for Corruption and Organized Crime today rejected the request of the Special Prosecution, SPAK, to reopen the trial against former Minister of Defense Fatmir Mediu, regarding the explosion that occurred 13 years ago in a military depot in Gerdec. As a result of the explosion, 26 people lost their lives, including children, while over 250 others were injured. According to the Court, the SPAK's request "is unfounded in law". For its part, the Special Prosecutor's Office told VOA that today's decision is also "unfounded in law and will be appealed immediately."

In the case of Mr. Mediu, SPAK was set in motion at the request of the parents of 7-year-old Erison Durdaj, one of the victims of the explosion. The former defense minister was never tried for the serious incident, and no witnesses were called to the trial, which involved a large number of people, from the military to businessmen engaged in ammunition dismantling. He was investigated, and the General Prosecutor's Office, a year after the explosion, in March 2009, filed charges of "Abuse of duty" committed in collaboration, and "Abuse of duty" in collaboration with a military entity-commanding staff. taking the matter to the Supreme Court.

But 6 months later, the Criminal College of this Court decided to dismiss the case, since in August of that year, Mr. Mediu had regained the mandate of deputy, thus regaining immunity. The General Prosecutor's Office, for its part, no longer asked the parliament to lift the immunity of Mr. Mediu, and thus, the file was never reopened.

In its request, the SPAK argued that due to legal changes which removed immunity as an obstacle to prosecuting MPs, the motive that led to the Supreme Court decision in 2009 no longer exists.

Initially, the SPAK addressed the Supreme Court, which later ruled that the Special Court of First Instance for Corruption and Organized Crime already had jurisdiction. The latter, today, after a long legal elaboration, reminded the prosecution that the prosecution body, had the opportunity after the decision of the Supreme Court in 2009 to seek again the authorization of the parliament for the criminal prosecution of Mr. Mediu, but also after year 2012 when the immunity barrier was lifted.

Sipas Gjykatës “nga viti 2012 deri më datë 1 Gusht 2017 kur hynë në fuqi ndryshimet e Kodit të Procedurës Penal, prokuroria nuk ka pasur asnjë pengesë që të rimerte të pandehur shtetasin Fatmir Mediu pa kërkuar autorizim për ndjekje penale apo të kërkonte rishikim të vendimit”. Për më tepër, Gjykata vëren se vepra penale për të cilën është ngritur akuzë ndaj zoti Mediu, tanimë është parashkruar. “Në kushtet kur prokuroria nuk e ka ushtruar ndekjen penale për një periudhë mbi dhjetë vjet edhe pse nuk ka pasur një pengesë të tillë, Gjykata çmon se ajo nuk mund të ushtrohet më tashmë” vlerëson gjykata.

But SPAK for its part is of the opinion that today's decision "is unfounded in law and will be appealed immediately." The director of the Special Prosecution, Arben Kraja, told VOA that "this case will go to the end, in respect of legal procedures./voa

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