web counter
LEXO PA REKLAMA!

SHKARKO APP

App Store
Google Play

Release of Berisha/Bylykbashi: The measures against him were unconstitutional

2024-11-27 21:59:00, Politikë CNA
Release of Berisha/Bylykbashi: The measures against him were unconstitutional
PD Vice President Oerd Bylykbashi

PD Vice President Oerd Bylykbashi says that SPAK's decision to send the case against Berisha to Appeal shows the determination of this institution to continue with unconstitutional actions.

According to Bylykbashi, the decision taken to lift the security measure was influenced by the decision of Strasbourg, but also the decision of the Constitutional Court, which was a slap in the face for the GJKKO, which insisted at all levels to leave him under house arrest.  

"The action of SPAK to appeal the case to the GjKKO appeal shows its determination to follow this illegal path. So we have all said that the measures imposed on Sali Berisha were unconstitutional for the procedure, and here I do not share it I share the same opinion with the Constitutional Court, but I do not have its status, it is a court, I am an individual, whether as a politician or deputy, or as a simple individual, my word is only valid as a word or an opinion.

They made a decision and gave the right to GJKKO and SPAK that they do not need to go to parliament to get approval. I think quite the opposite. I think the opposite, that the Constitutional Court has cut a phrase "restriction of freedom in any other form", i.e. arrest or any other form. This was arrest, then who are the other forms. That there is no end to the austerity measures of alternative security, and you say to a politician that in the election campaign when I tell you to be here and you will not go to do the activity for which you voted is a limitation. So it is not the same restriction as an ordinary citizen.

Of course, not knowing all the steps that had been followed when the request was made, etc., it was a surprise decision as a moment, while with logical reasoning there was nowhere else to go. Have other factors also had an impact, such as the decision of the Strasbourg Court to take it into consideration with precedence, of course it has had an impact. Of course, the judge knows that there is another request filed by Mr. Berisha's defense lawyers regarding the measure of arrest. Before the Constitutional Court, the judges try to be awake in their inner conviction, saying "why should I get the same stamp as the others did". So for all reasons, in the end, in politics, beyond legal considerations, the conclusion is important, and the conclusion is that today Berisha is free.

I was one of the few people who said at the first moment that with this decision of the Constitutional Court, the measure of arrest will be dropped if it was requested in the GJKKO, that is, based on the decision of the Constitutional Court. Of course there were many interpretations. It was a slap, let's say, for the Special Court. I have always said, the prosecution is allowed to screw up, but the court is not, the court is the guarantee, the prosecution is not the guarantee, the court is the guarantee, and if that guarantee is lost, the others will follow. So it was a severe blow for the reasons that they know, the reasons probably did not go beyond the constitution, for the court's decision that had taken as a coercive measure the ban on leaving Albania. The fall of this measure as unconstitutional, because it did not respect proportionality as a constitutional principle, for two reasons but which are related together, in my judgment, since the measure of house arrest is certainly still more disproportionate in the circumstances that the court had appreciated , but also since the measure of arrest is based on the non-compliance for the claim of unconstitutionality of that measure, this would fall," said PD vice president Oerd Bylykbashi."

 

 

 





Lajmet e fundit nga