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The decision of the "Constitutional" for Berisha/ Bardhi: SPAK and GJKKO to revoke the measure

2024-11-22 11:16:00, Politikë CNA

The decision of the "Constitutional" for Berisha/ Bardhi: SPAK and

Gazment Bardhi

The Constitutional Court has announced the decision on the request of the chairman of the Democratic Party, Sali Berisha.

The Constitutional Court has partially accepted the request and annulled the decision of GJKKO on the "ban on leaving the country".

Regarding this decision, the head of the DP parliamentary group, Gazment Bardhi, has reacted, where he declares that SPAK and GJKKKO should proceed immediately and without delay with the revocation of the disproportionate measure of "house arrest" against Sali Berisha.

"Sali Berisha has defended the Constitution and the interpretation/standard that the Assembly itself had applied in previous cases (the "Tahiri" precedent), where it had authorized the prosecutor's office to take security measures such as "obligation to appear" or "exit ban".

For this reason, I have a fundamentally different position with the Constitutional Court regarding the need to obtain authorization from the Parliament when the freedom of movement of a member of the Assembly of Albania is restricted.

However, at least the standard accepted by yesterday's decision of the Constitutional Court confirms what I have said since the first day that the measure of "house arrest" against the leader of the Democratic Party Sali Berisha is completely unnecessary, disproportionate and therefore unconstitutional. This is due to the fact that if the measure "prohibition of leaving the country" (as a restriction of freedom) has been considered by the Constitutional Court as unnecessary, disproportionate and unconstitutional, then the more serious measure of "house arrest" (as deprivation of liberty) is several times more unnecessary and most disproportionate, therefore deeply unconstitutional.

Security measures are not punitive measures and can never be treated as such during the investigation or trial phase, where anyone is presumed innocent. They should not prevent, in a disproportionate way and beyond what is necessary, an elected person to exercise in full freedom the constitutional mandate acquired by the citizens. The Constitutional Court has clearly emphasized that ONLY the measure "compulsion to appear before the judicial police" is sufficient in terms of necessity, appropriateness and severity.

Consequently, now that the Constitutional Court has expressed itself and in the light of this new development, SPAK and GJKKKO must, under the spirit, standard and logic of the decision of the Constitutional Court, i.e. in accordance with the Constitution itself, proceed immediately and without delay with the revocation of the disproportionate measure of "house arrest" against Sali Berisha, who, in addition to the unjust restriction of freedom in violation of the universal principle of the presumption of innocence, it has been impossible for him for 326 days to exercise his functions as a member of the Assembly, chairman of the Democratic Party and leader of the opposition.

Any behavior different from what has been dictated today by the logical essence and decision-making standard of the Constitutional Court on the proportionality of the measures that have been applied to Sali Berisha, would remind us of the unconstitutional precedent of the socialist majority that twice refused to implement the decisions of the Constitutional Court with aimed at the political protection of the deputy and former strategic minister Olta Xhaçka. Only that in this case we would not be in front of political protection from politics itself, but in front of an even more serious act, that of the political attack of justice against the opponents of Edi Rama's regime, with the aim of hindering their political activity in full functionality. of the opposition battle.

Any further delay in this direction would undermine democracy and constitute a brutal intervention of justice, in flagrant violation of the Constitution, in the equality of the parties in the next parliamentary elections, preventing the Leader of the opposition from being freely active in the next campaign election. 326 days of unconstitutional obstruction of the opposition leader's political activity are severe enough to tolerate 327 days or more!", writes Bardhi./ CNA