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Berisha is not allowed to go to parliament/ Manjani: The reasoning is not based on any logic

2024-01-22 15:20:00, Politikë CNA

Berisha is not allowed to go to parliament/ Manjani: The reasoning is not based

Former Minister of Justice, Ylli Manjani

The former Minister of Justice, Ylli Manjani, has reacted to SPAK's decision not to allow former Prime Minister Sali Berisha to attend the plenary sessions.

In a status on social networks, Manjani says that the reasoning of the prosecutors is strained and does not rely on any logic.

According to him, the reasoning of the prosecutors would stand if Berisha asked to go to the Prime Minister's office and not to the parliament hall.

He emphasizes that the purpose of security measures is to guarantee the readiness of persons for the purpose of investigation and not punishment.

Full reaction:

I am seeing the reasoning of SPAK prosecutors on not allowing deputy Sali Berisha to exercise his duties in the Parliament.

Apparently it is a strained reasoning. Their reasoning is not based on any logic, fact or not, of the investigative actions that they themselves have done.

No doubt, whether reasonable or unreasonable, suggests that Berisha should be investigated and later charged with a crime related to the mandate of the deputy or the leadership of His political group. I remember that the prosecutors themselves have stated that they are investigating an episode of property return and privatization at the time when Berisha was prime minister. So not at the time when he is a Member of Parliament.

The reasoning of the prosecutors would stand if Berisha asked to go to the Prime Minister's office and not to the parliament hall. Not even in his party office.

Second, the measure of house arrest was taken as a result of the failure to implement the previous measure of the obligation to appear. So the intention of changing the measure was punitive and not of added value in relation to the investigation.

The purpose of security measures is to guarantee the readiness of persons for the purpose of investigation and not punishment!

In other words, Berisha's attendance at the parliament does not hinder the investigation of this matter. On the contrary, the responsible prosecutors should stimulate Berisha to speak as much as possible in the hope that they will catch any real violation...

Thirdly, the house arrest of Berisha, apart from being legally disproportionate and unsupported by the law and preliminary evidence to justify such a measure, is a measure of repression against a political representative with a mandate.

Regardless of the fact that the Parliament failed to do its constitutional duty in the immunity waiver process, justice must understand that the only illegality that justifies the act of arrest for a deputy is either flagrante delicto or a final criminal decision.

Other cases are excluded. Parliament should have intervened here, but it did not without reason. Impartial and professional justice had to respect this constitutional standard.

Therefore, I say that the logic of the reasoning of the Prosecutors does not hold.

Under normal conditions, it should be the court that sets standards, but it seems that here we have the main problem. The court over the parties, including the prosecutors./ CNA