The claim of the former Prime Minister Sali Berisha, that the SPAK prosecution should receive authorization from the Assembly for the security measure against him, was evaluated as not based on evidence today by the court.
In the decision disclosed by the Court of Appeal, exclusive by Top Channel, the court recalls the constitutional changes of 2012, regarding the shield or immunity of deputies and the concept of inviolability, which in Berisha’s case was not violated by tha SPAK prosecution office.
The Court of Appeal explains that the measure of obligation to appear, announced for Berisha, is a coercive power that does not take away the personal or physical freedom, but only his freedom of movement abroad.
Court explains that parliamentary immunity is not a personal privilege of deputies, but guarantees that each of them can freely exercise their mandate without being exposed to arbitrary political persecution, the decision states, clarifying that the personal freedom of deputy Berisha would be affected in the event that deprivation of liberty would be implemented by court decision, something that has not happened.
This explanation invalidates one of Berisha’s arguments for the privatization file of the Partizani complex, that not obtaining an authorization makes the announced measure discriminatory because of his opposing political beliefs.
The court also rejected the consideration of Berisha and his son-in-law that the judge Irena Gjoka was biased and that they had no opportunity to defend themselves.
Judge Olldashi explains that she softened the measure against the son-in-law of the former prime minister, by sending Malltezi home arrest from prison, as she considers that there is he is in no risk of leaving. After clarifying the decision, the SPAK prosecution is expected to submit a request for recourse to the Supreme Court.
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