The Criminal Court of Tirana announced the verdict that found not guilty
the former National Guard Commander, Ndrea Prendi and the former
National Guard Officer, Agim Llupo, stating that the Prosecution brought
no sufficient charges for the premeditated murder in qualifying
circumstances.
Judge Besnik Hoxha declared that they cannot create a new charge, for as long that it has not been investigated by the Prosecution. There were applauds in the room after the verdict was given.
One of the points used as reference was a decision taken by the Strasbourg court which found a police officer not guilty for the murder of a protester in Genova, in the 2001 protests against the G8 meeting.
“The court, in reference to the decisions of the United Colleges can not create a new charge for the defendant beyond the facts and claims submitted by the prosecution, which has not been investigated by this institution. In these conditions, the court answers to the charges and to the fact if it is proven or not. The court cannot express itself for a fact that has not been investigated by the Prosecution for these defendants. Secondly, the Court refers to the verdict taken by the Strasbourg court in 25 August 2009, against the Court of Italy in the implementation of the European Convention of Human Rights, and especially its second article, the right to live. The court explains that the Strasbourg Court is a legal base and obligatory for the Albanian court, based on the Albanian Constitution”, declared Judge Besnik Hoxha.
The judge panel composed of Besnik Hoxha, Ardiana Bere and Ariano Caco dismissed the Prosecution’s charges for the murder of Faik Myrtaj, Ziver Veizi and Hekuran Dedaj, stating that there is no evidence that it was intentional, and that the National Guard on that day has protected the institutions.
“The charges brought by the Prosecution cannot stand for the fact that the National Guard has legal obligations to defend the institutions and personalities. As result, for the counts of intentional murder committed in a way that threatens the life of several people, foreseen by article 89.ë of the Criminal Code, the court finds the defendant Ndrea Prendi not guilty. The Court dismisses the house arrest measure and finds defendants Agim Llupo not guilty for intentional murder in qualifying circumstances, committed against two or more persons, foreseen by article 79.dh of the Penal Code, and orders their immediate liberation. The Court finds citizen Margarit Kume not guilty”, Hoxha declared.
Right after the judge panel left the courtroom, the National Guard officers started meeting and greeting their former superior, General Ndrea Prendi.
The trial was followed in silence by the US Embassy representatives. The defending lawyers of Prendi and Llupo gave their declarations.
“Justice spoke. It is a big day not only for General Ndrea Prendi, but it also marked the day when institutions are not touched in Albania”, declared Ndrea Prendi.
“The Court announced today the verdict against the January 21st defendants, which didn’t need any comment. I believe that this will lay the foundation of what the justice must build with its reforms”, declared Besnik Cerekja, Agim Llupo’s lawyer.
The General Prosecutor reacted right after, declaring that the Prosecution will wait for the explanatory arguments before deciding the further steps.
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