A paraplegic is illegally detained

The report has been made by the defending lawyer, Alban Bengasi, who published the case for the media by declaring that the Supreme Court has ordered the suspension of the two verdicts issued by two previous courts that sentenced him to five years in prison for aiding illegal border crossing, which should have brought his immediate freedom.

The Supreme Court referred to his health and for not being a dangerous individual for the community, but the Prosecution refused, referring to an order of the former General Prosecutor, Theodhori Sollaku.

“The Supreme Court referred to article 417 of the Criminal Procedure, with which they suspended the imprisonment verdict, which means that the client will be immediately released. The order to which the Prosecution refers is not based in any legal or sublegal act, and it cannot oppose the orders of any Court”, Bengasi declared.

Bengasi added that they had address a second request to the Prosecution, the Ombudsman, the Minister of Justice and even the Chairman of the Commission of Laws, Ilir Rusmajli.

When contacted by Top Channel, the Spokesperson for the General Prosecution, Plator Nesturi, confirmed that for the concrete case, the court has ordered the suspension of the execution, but according to an order given in 2007, this order is considered as executed and the Prosecution cannot release the defendant, but it is up to the Court with another decision, since the one of the Supreme Court is considered an administrative decision.

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