Why was Berisha's arrest warrant changed?/ The GJKKO appeal clarifies the reasons

2025-01-16 14:50:00, Politikë CNA

Why was Berisha's arrest warrant changed?/ The GJKKO appeal clarifies the

The appeal of the GJKKO has revealed the reasons that led to the change in the arrest measure against Sali Berisha.

It is learned that, according to the Special Appeal, the new mandatory appearance measure for Berisha was issued on the grounds that there was no risk of escape or damage to evidence.

His age was also a factor. According to the Special Prosecution Office, there is no reason to terminate this measure.

The new measure with mandatory reporting has been confirmed by the Constitutional Court.

Clarification of the decision

Regarding the special conditions for the determination of the personal security measure, nothing has changed since the decision of the preliminary investigation judge, and the preliminary hearing judge has not brought any new elements that indicate the absence of special conditions such as the risk of flight and the risk of damage to evidence.

The decision of the preliminary investigation judge (regarding the imposition of the personal security measure "Obligation to report to the judicial police") has passed all three levels of trial, including the Constitutional Court, and has been confirmed.

Meanwhile, the security measure "House arrest" was imposed not due to increased security needs but due to the breach of the obligations of the previous security measure, that of "Obligation to report to the judicial police".

The applicant Mr. SB has previously attempted to file a request with the preliminary investigation judge to terminate the personal security measure, where such a request was rejected by a decision confirmed at all three levels of trial.

As a result, there is no room for the extinguishment of the personal insurance measure.

The preliminary hearing judge, in making his decision, simply reassessed the elements that had already been taken into consideration by the preliminary investigation judge, without adding any new elements, which is not permitted as it constitutes res judicata.

2. Regarding the replacement of the personal security measure from that of "House arrest" to "Obligation to report to the judicial police", taking into account:

– the fact that the applicant had been under house arrest for a year,

– the fact that the non-implementation of the obligations related to the security measure "Obligation to report to the judicial police" was based on an alibi for the unconstitutionality of this measure, already overturned by the Constitutional Court,

– age and other circumstances that were considered by the preliminary investigation judge, but already assessed in relation to these other circumstances,

– as well as taking into account the fact that we are in the period before the election campaign and the applicant has also been considered by the Court's decision

Constitutional Court as the leader of the opposition, or the chairman of the main opposition party, it was concluded that the security measure "House Arrest" was no longer necessary.

By means of this measure (“House arrest”), the applicant has in a certain way atoned for the consequence given by the legal provisions for the non-implementation of the previous security measure “Obligation to report to the judicial police”, and consequently this security measure had to be replaced, giving the applicant once again the opportunity to respect the obligations related to the new security measure “Obligation to report to the judicial police”.

If the applicant does not comply with the obligations related to the security measure "Obligation to report to the judicial police", then the prosecution will have the right to request the replacement of this security measure with a more severe security measure./ CNA