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SPAK closes investigations/Sends former mayor of Shkodra for trial

2025-02-26 14:24:00, Politikë CNA

SPAK closes investigations/Sends former mayor of Shkodra for trial

SPAK has closed the investigations and sent the file for trial for the former mayor of Shkodra, Bardh Spahiu. 

"The Special Prosecutor's Office against Corruption and Organized Crime, at the conclusion of preliminary investigations, has sent for trial, on 24.02.2025, criminal proceedings no. 139 of 2024, against the defendant: BS, accused of committing the criminal offense of "Obstructing the execution of court decisions", according to Article 320 of the Criminal Code.

From the analysis of the acts and evidence administered during the investigations conducted, it results and is proven that the defendant, BS, in the capacity of the President of the General Assembly of the Water Supply and Sewerage Company, Shkodër, and at the same time the Mayor of the Municipality of Shkodër, has taken decisions no. 16 and no. 17, dated 18.07.2022 to dismiss citizen MM from his position as administrator of the Water Supply and Sewerage Company and appointing citizen AB to this position.

These decisions were appealed by citizen MM, to the Shkodra Judicial District Court, which, with decision no. 16 (2984), dated 19.07.2022, decided: "Acceptance of the request, securing the lawsuit by deciding the suspension of decision no. 16 dated 18.07.2022, decision no. 17 dated 18.07.2022 of the General Assembly of the Water Supply and Sewerage, Shkodra until the court makes a final decision that will resolve the civil case registered on the basis of the lawsuit request".

On behalf of the defendant BS, being aware of decision no. 16 (2984), dated 19.07.2022 of the Shkodra Judicial District Court for securing the lawsuit, despite the fact that there has been a clear and immediately enforceable court decision for the General Assembly of the Water and Sewerage Company, Shkodra for the suspension of decisions no. 16 and no. 17, dated. 18.07.2022, by which the citizen, MM, was dismissed and AB was appointed, (as a result, the Court ordered the reinstatement of the citizen MM, until the end of the judicial process), on his part, this judicial order was bypassed by issuing seven (7) days later, on 25.07.2022, three other decisions with no. 18, no. 19, no. 20, through which he again dismissed the citizen, MM, from office, and appointed AB as administrator, these actions carried out with the aim of preventing the execution of the judicial decision no. 16 (2984), dated 19.07.2022 of the Shkodra Judicial District Court.

Essentially, it results that decisions no. 18, 19 and 20 dated 25.7.2022 have the same decision-making (as decisions no. 16 and 17 dated 18.7.2022), with the same object, but with different numbers and dates, through which the defendant has bypassed the orders of decision no. 16 (2984) dated 19.07.2022 of the Shkodra Judicial District Court for securing the lawsuit.

"Disrespect for a court decision that constitutes an executive title fundamentally violates the rule of law and causes legal uncertainty. Public bodies/officials, to whom a court decision is addressed with orders, must only implement it and not make legal interpretations or discussions as to whether it is based on the law or not," the Prosecutor's Office announces./ CNA





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