Ivi Kaso: The urgency of decreeing elections in Himara, in violation of the law

2024-07-06 12:52:00, Politikë CNA

Ivi Kaso: The urgency of decreeing elections in Himara, in violation of the law

Secretary for Legal Affairs in DP, Ivi Kaso

The Secretary for Legal Affairs in DP, Ivi Kaso, has reacted to the dismissal of Fredi Beler as mayor of Himara and the announcement of the election day in this municipality.

In a statement to the media, Kaso raised accusations that the CEC's decisions on Beler's mandate and the president's on the date of the elections were dictated by Prime Minister Edi Rama.

According to him, this urgency proves that Beleri is not a convict of the Albanian state, but a political prisoner of the power of Edi Rama.

"In three black hours for democracy, the rule of law, individual and political rights in Albania, all the banality of Edi Rama's regime and his crutches was revealed. The elected Mayor of Himara, Fredi Beleri, was "executed" yesterday, also politically, after he was legally taken hostage 14 months ago. In an emergency session, the State Election Commissioner decided to dismiss Fredi Beler as the mayor of Himara.

As soon as the CEC made the dismissal decision, Edi Rama sent the prepared request to the President and ordered him to announce the date of the elections for the Himar Municipality. Government institutions do not react so quickly even in cases of national emergencies, as the earthquake or Covid-19 have proven. . This urgency proves once again that Fredi Beleri is not a convict of the Albanian state, but a hostage, a political prisoner of the power of Edi Rama. For 14 months, Edi Rama kept Fredi Beleri in prison and did not allow him to take the oath and take the mandate. When Beleri asked for permission to take the oath and take the mandate, it was not allowed because, according to Rama's puppets, the law did not allow it", he said.

The Secretary for Legal Affairs in the PD emphasized that the CEC and Begaj violated the law.

"The Election Commissioner is in flagrant violation of the law no. 138/2015 and Assembly Decision no. 17/2016 where it is determined that: the verification of eligibility conditions by the CEC is done only on the basis of the data of the candidate's self-declaration at the time of submitting the candidacy.

The commissioner verified the data of Fredi Beleri's decriminalization form and made decision no. 611 dated 25.05.2023 for the validity of the mandate won in the May 14 elections. Circumstances and facts that occurred after filling in the self-declaration form are not the competence of the CEC, but of other constitutional bodies. Fredi Beleri had to be sworn in and take the mandate, and then he could be dismissed by Edi Rama, as the Constitution provides, Article 115 thereof, or Article 62 of Law no. 139/2015.

The Commissioner's decision, apart from being unprecedented and without any legal basis, is not enforceable. Article 133 of the law no. 44/2015 "Code of Administrative Procedures" provides that the effects of the administrative act are suspended until the review of the appeal. The commissioner does not refer to any law that makes his administrative decision immediately enforceable.

In short, the elected mayor of Himara was not even given the right to appeal the decision.

The President's Decree is also unconstitutional. According to Article 10/3 of the Electoral Code, the President announces early elections after the deadline for appealing the dismissed subject has passed. The president has implemented an administrative act that has not started its effects since the term of appeal of the dismissed subject has not expired, even before the term of appeal has started", he underlined.

Kaso strongly condemned the CEC's decision and the President's decree./ CNA