Appeal rejected extradition

The most recent case that brings attention on this issue is related to Gezim Cela. The Court of the First Instance and that of the Appeal in Tirana have given different decisions. Judge Artur Ganxhi, with request of the then Prosecutor of the case, Petrit Fusha, declared the decision for extradition. The Court of Appeal rejected the extradition 10 days later and removed the house arrest measure.

The decision of the Court of First Instance notes that he was wanted by the Italian court for exploiting prostitution, criminal organization, intentionally injuring a foreign citizen and because he had a 22-year sentence in Italy and 158,000 EUR of fine.

The Court of First Instance agrees with the fact that Cela had served some years in Albania for these crimes, but says that:

“First of all, the request for extradition describes some criminal acts that have declared this citizen guilty for other crimes besides the ones for which he was found guilty in Albania. Secondly, in the verdict for his sentence are ncluded other crimes that have not been reviewed by the Albanian court, and for which his role or guilt has not been evaluated and argued”.

The Court of Appeal with Astrit Haxhialushi rejects the decision of the Court of First Instance with the argument that the verdict of the Court of First Instance was taken with severe violations of the procedures, since the Court of First Instance says that the Appeal has not taken in consideration the request of the lawyers who had requested verification from the Italian party, if they had considered or not that Gezim Cela had served some years in Albania.

The Court didn’t mention the argument that made the Court of First Instance in the verdict which says that Cela was wanted in Italy for other crimes too. While the Court of Appeal admits that Cela had served his sentence in Albania, the question is why he was released. This is a Court verdict of 2009, which argues that Gezim Cela suffered from a bone tumor that damaged his knee.

The Court says that Gezim Cela was held under inspection by clinics in Turkey, and after a difficult operation the Court decided that his stay in prison puts his life in danger.

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