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Kreshnik Spahiu: I tell you why the prosecutors are hesitating to take the decision to send Sali Berisha and Jamarbër Malltezi to prison, here is the judicial practice that sinks them, what is expected to happen in the Supreme Court
Written by SOT.COM.AL 27 Nëntor 2023
The well-known lawyer, Kreshnik Spahiu has spoken about the affair of the alienation of the former "Partizani" complex, which is being investigated by the Special Prosecutor's Office, while he has shown why SPAK prosecutors are hesitating to take the decision to send Sali Berisha and Jamarbër Malltez to prison. . The Special Court of Appeal has left the security measures for Berisha and Malltez unchanged. The latter is under house arrest, while Berisha has to appear. Meanwhile, SPAK has appealed Jamarbër's measure to the Supreme Court. But about these developments and not only, Mr. Spahiu has also spoken, who reveals the court practice that sinks the Berisha-Malltezi duo, as he shows what is expected to happen in the Supreme Court regarding the case of the son-in-law of the head of "Foltore".
- Mr. Spahiu, last week the seizure of Jamarbë Malltez's assets remained in force. Although the measure for SPAK has changed, the courts seem to be of the same opinion. What do you think of this decision?
What I can say is that there is no standard for all citizens who are investigated by justice. For a citizen, if he has committed even a small crime, you will go to prison, but if you are a ruler, then justice is afraid of you. I say that the court is afraid of Berisha. For what Berisha and his family are accused of, I see that we still do not have a prison sentence. The former president of the Constitutional Court has been sentenced to prison only for one apartment in Golem, meanwhile, for 300 apartments, mandatory appearance measures are taken. SPAK has appealed to the High Court to change the security measure, I cannot say that Berisha or the son-in-law should take a more serious measure, that I cannot take the role of judge, but the Supreme Court is the one that has the obligation to unify the judicial practice for these cases. All subjects who are investigated for passive corruption should either all be investigated free, or all should be investigated under prison arrest. We cannot have two standards. Without prejudice and without getting into names, justice must be reliable and justice must ensure equality for all. One cannot be the mother's and one the stepmother's.
- Why do you think the court is afraid of Berisha?
Berisha has a sophisticated tool that has worked for him in these 30 years, which is direct blackmail against people. He is blackmailing the prosecutors and how can they work quietly. If a prosecutor is not blackmailed, you can be sure that a judge will be blackmailed in the future. It is not a problem that if Kraja is blackmailed because the file he has will leave his hands, I will go to the Supreme Court, then to the Constitutional Court, and from this chain a judge will emerge who will blackmail. This is Albania, it has few inhabitants and they are intimidated. I see that even the prosecution itself had signs that they hesitated for a long time. It is inexcusable that there was no house arrest for these serious crimes, and there was pressure, which is why it is dragging on.
- How did the decision given by judge Olldashi look like?
I don't want to prejudge him in the decision he made. We can assume that the judge is right and there may have been circumstances to change the measure, but if the measure of prison arrest was evaluated by the court as an excessive measure, then other cases like Gjici and Dako should go to house arrest .
- The 3rd diaspora summit that was held in Tirana has closed, I want to know when do you think it will happen that the request of those who live abroad will be fulfilled so that they can also vote?
A part of those who went to the conference went just to wash their mouths and make some kind of coke. I have my suspicions that part of the hall was filled with administration people. If the government was serious about respecting the rights of the diaspora, it would not dissolve the Ministry of Immigration. In 2021 the government dissolved it because it saw it as irrelevant and set up an immigration agency. In these years there is little to say nothing about immigration. In 2025, neither the immigrants nor the diaspora will be given the vote because no infrastructure has been prepared and there is no organization for this matter. They don't want the diaspora to vote because their vote affects the outcome. Berisha and Rama have almost zero minimum support, because they consider them to be the cause of their having abandoned their family and their country. If they had the opportunity to vote then their vote would be a vote against them.
- The head of the Republican Party, Fatmir Mediu, has proposed the creation of an opposition federation. In this form, all opposition parties will be united and will have the opportunity to overthrow the government, how do you see it?
I feel a great regret that after 33 years, some opposition parties come out and still demand a union with Sali Berisha. I agree that everyone should come together to overthrow the political establishment. I feel sorry that they still see the salvation of Albania in Berisha. I think that the salvation of Albania should be in the creation of a new opposition against Rama, Berisha, Meta. We cannot create an opposition against, USA, Great Britain. Berisha, Basha, Duka, Mediu have been together and now they say let's change the name and make it a confederation, changing the name is not going to bring any different results as they also know that they will not come to power with Berisha. I appeal to the political parties, do not join Berisha to overthrow Rama, but unite all of you to overthrow them both.