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"Partizani" affair, Berisha again refuses to appear in SPAK and takes refuge in the Assembly, the former prime minister attacks Arben Kraja and Irena Gjoka, today GJKKO's Appeal decides on the security measure
Written by Sidorela BRAÇJA 21 Nëntor 2023
Former Prime Minister Sali Berisha refuses to appear at the SPAK to familiarize himself with the security measures of 'obligation to appear' and 'exit ban', in the "Partizani" case where he is accused of passive corruption. While yesterday he had to face justice and give an account for this affair, Berisha once again used the Assembly as a shield, from where, together with his supporters, he organized a scenario to sabotage the work. Yesterday, in a statement to the media, he said that it was Prime Minister Edi Rama's order. "I have appeared in Parliament. I appeared in the Parliament, it can never accept the appropriation that Rama makes", he said. There were harsh attacks on the judiciary, where he described prosecutor Arben Kraja and judge Irena Gjoka as mercenaries of Edi Rama. Berisha said that he will not appear in SPAK. "It is an order of Edi Rama issued through incriminated mercenaries, such as Arben Kraja, who remains in office in violation of the Constitution and the law of the prosecution, which expels him as a former security officer. I showed them the document, the one hiding behind the crime, Irena Gjoka, who is hiding behind the crime, and finally the man with the most obscure connections with Taulant Balla. So they are miserable servants who carry out Edi Rama's orders and take power from the Parliament", said Berisha. Meanwhile, Berisha's defenders requested in the Appeal, the declaration of the loss of the power of the first measure, precisely because according to them, it was not implemented within 48 hours according to articles 248 and 249 of the Code of Criminal Procedure. It was a marathon session. At noon, the court announced its first 10-minute break. Afterwards, the parties returned to the hall, where they continued with the submissions of the parties until around 1:30 p.m., when the second recess was announced. The session restarted with the submissions of the lawyers of Jamarbër Malltez who requested the loss of the power of the measure of arrest and imprisonment imposed on the son-in-law of the former prime minister Sali Berisha. The session ended around 4:00 p.m., although it was adjourned until today. "The Special Court of Appeal for Corruption and Organized Crime, with a monocratic panel composed of judge Iliriana Olldashi, today 20.11.2023, at 09:00, regarding criminal case no. 56 act, date 14.11.2023 registration, on the appeal of persons under investigation SB and JM, with object: "Appeal against decision no. 112, dated 20.10.2023 of the Special Court of First Instance for Corruption and Organized Crime" which has disposed of personal security measures, after hearing the parties, ended the judicial review on 20.11.2023, at 4:00 p.m. :00, and ordered the postponement of the announcement of the decision on 21.11.2023, at 11:00", announced the court. The measures against them were decided on October 20, while only the one for Jamarbër Malltez and businessman Fatmir Bektashi was implemented, since Sali Berisha did not appear in SPAK according to the court's decision.
Gjokutaj: Berisha did not appear because the decision is anti-constitutional
Meanwhile, Sali Berisha's lawyer, Genc Gjokutaj, yesterday in a statement to the media, after the end of the session, said that they have presented the arguments that the security measures do not hold, but even in essence the case is a farce. "Since 9:00 a.m., we have presented all the arguments that not only the security measures do not hold, but also that the case is basically a farce. First degree constitutional violations were committed and Jamarbër Malltezi was also present. The court was unable to render a decision. The session is adjourned until tomorrow at 11 o'clock to announce the decision. We have also asked the Court of Appeal to ascertain all the requests that we have made at first instance. "Maltezi explained the entire privatization procedure and all that normality of the procedure," said Gjokutaj. Asked why Berisha did not appear in court today, Gjokutaj said that he did not appear against an unconstitutional decision. "I don't know why Berisha didn't appear. Berisha does not appear against an unconstitutional decision. It is a nominal decision informed by us on unconstitutionality", said Gjokutaj.
Fatmir Bektashi appears in SPAK
On the other hand, the builder Fatmir Bektashi was presented to the SPAK yesterday for the measure 'obligation to appear' and 'prohibition of leaving the country' in the 'Partizani' case, where he is accused of active corruption. This is the second time that Bektashi has appeared at the SPAK for the compulsory appearance measure, while in both cases he has refused to speak to the media. Unlike Sali Berisha, who refused to appear in SPAK, the builder Bektashi went for the second time. Bektashi is accused by SPAK of having cooperated with Jamarbër Malltez in the transfer of the profit of 5.4 million euros from the constructions on the former site of the Partizani complex.