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Ditari i Opozitës

Kaso: GJKKO was wrong, the Tahiri and Berisha precedent should have been followed

Politiko 2023-10-28 15:18:18

Kaso: GJKKO was wrong, the Tahiri and Berisha precedent should have been

Lawyer Ivi Kaso declares that the GJKKO did not act correctly in relation to the actions it took against the leader of the Democratic Party, Sali Berisha, and that the Tahiri precedent should have been followed.

Speaking to "FactCheck", Kaso said that with the decision of SPAK, which was ratified by GJKKO, MP Berisha's freedom was destroyed, which clearly violates the Constitution.

" The Constitution on this point is clear, Article 73 of the Constitution, but also Article 38 of the Constitution, which must be read together, dictate the obligation for the proceeding body, in this case for SPAK in the first place and then for the competent court GJKKO to addressed to the Parliament to obtain the relevant authorization in any case the Constitution says that the freedom of the deputy is violated in any form. The freedom of the deputy, despite what can be claimed in the session that restrictions of this nature are proportional and do not directly take away the freedom of the deputy, article 38 of the Constitution, point 2 is quite clear when it comes to the freedom of every citizen to moved freely even abroad. This freedom, with this SPAK decision ratified by GJKKO with this personal coercive measure, has been annihilated and is not only limited.

If only for this reason, not to talk about the previous precedents that the proceeding body had, that the Assembly itself had, such as in the case of Saimir Tahir and in other similar cases.

There is at least one precedent, there is more than one precedent. If we look at the case of the decision-making of the Assembly in the case of granting authorization for the removal of Tahir's immunity to limit his freedom in relation to the coercive measures requested by the Prosecutor's Office, it is the highest body of the Assembly that recognizes the right to grant the authorization for the restriction of leaving the country and for the obligation to appear", he said.

Kaso added that Malltezi has never held a public office and cannot be linked to the criminal offense of "passive or active corruption".

"According to the Prosecution's claim, it is still not a genuine criminal charge since a formal charge has not yet been filed by SPAK, both of them have been corrupt and both of them in collaboration according to SPAK have committed acts that constitute violations that they classify as passive corruption.

Malltezi has never held a public office and cannot in any way be associated with such an act, whether active or passive corruption, which is the prerogative of persons who hold public offices. Berisha is not accused of any single firm in any of the proceedings. There is not a single episode that Berisha's firm has favored its family members or son-in-law" , said Kaso, adding that at a certain time the serious violations related to this issue will be answered by the Constitution.