Bylykbashi: SPAK violated the Constitution with Berisha, ordered "obligation to appear" without the authorization of the Assembly

2023-10-22 08:33:00, Politikë CNA

Bylykbashi: SPAK violated the Constitution with Berisha, ordered

Deputy of the Democratic Party, Oerd Bylykbashi

The deputy of the Democratic Party, Oerd Bylykbashi, has reacted to the security measure "obligation to appear" that SPAK has imposed on former prime minister Sali Berisha and the meeting of police officers with the chief democrat at the blue headquarters in the early hours of dinner.

In a statement to journalists, Bylykbashi said that SPAK is violating the Constitution, restricting Berisha's freedom without authorization from the Assembly, given that the latter has immunity due to the mandate of the deputy.

Just like the former prime minister, the MP described SPAK's decision as a political decision of Prime Minister Edi Rama

"After acts clearly with a political background by an instrument of the new justice, raised and accused from the beginning when it was built that it is being built to be captured and used politically, after that, in flagrant violation of the Constitution, SPAK sends the State Police, which is in fact a law enforcement body and not the political orders of Edi Rama, sends the State Police requesting the execution of a measure that limits the freedom of a deputy of the republic, Mr. Sali Berisha, a deputy of the Parliament of Albania, chairman of the DP.

It limits his freedom contrary to the Constitution. It is now a consolidated practice of the Parliament of Albania that the prosecution must request permission from the Assembly, which must authorize not only the arrest, but also any other type of measure restricting the freedom of any Albanian citizen who is a member of parliament.

Article 38 of the Constitution defines the absolute freedom, inviolable only through a court decision, of Albanian citizens to move freely in any part of the territory of Albania. The order to compel the appearance of MP Sali Berisha limits exactly this constitutional freedom", he said.

Bylykbashi raised claims that SPAK has violated the Constitution even with the ban on leaving the territory of Albania.

"Also, with SPAK's request and the court's decision, in violation of the Constitution, another constitutional right is again limited. Again in article 28, it is the right of every citizen to freely leave the territory of Albania.

Of course, if we had a court decision for an ordinary citizen, this would be enough, but Article 73 of the Constitution obliges that in case of arrest or any type of restriction in any form of freedom of a deputy, approval must be sought in advance of the parliament", emphasized the deputy./ CNA