After four sessions, Ilir Beqaj concludes preliminary requests

Former Minister of Health Ilir Beqaj concluded on Tuesday, June 9, the presentation of preliminary requests in the criminal case against him related to the sterilization affair, for which he is being tried in an ordinary trial, where the evidence will be shaped in court. It took four court sessions lasting several hours for Beqaj to present his preliminary requests in detail, ultimately requesting the invalidity of the prosecution's evidence and the dismissal of the case.

Beqaj stated that he had 22 more requests to submit, when in the meantime the presiding judge, Judge Rudina Palloj, brought to his attention that in the previous session she had stated that there were 16 more preliminary requests to submit. “But today there are 22,” said Beqaj.

Judge Palloj noted the fact that the defendant is represented by two lawyers and suggested that he might be advised to present those issues related to preliminary inquiries. “Preliminary inquiries can last from one to five hours, not for days,” Judge Palloj remarked.

Beqaj further claimed that the digital evidence was obtained in violation of procedural law, the Budapest Convention, a conciliatory decision of the Supreme Court and two decisions of the Constitutional Court. According to him, the decisions of the Constitutional Court have retroactive effect on cases that are under consideration, for which there is no final decision. He requested the exclusion of the digital evidence. He also requested that an act without a signature and seal be excluded from the evidence.

Beqaj claimed that every charge filed in Albania under Article 134 of the Criminal Code, “Theft”, does not meet the criteria of legality. According to him, the article does not specify what is prohibited and he brought to the court’s attention 18 Criminal Codes, of which 15 are from European Union countries, Great Britain, Turkey and Kosovo, which, according to him, define prohibited conduct in the case of theft. “When I don’t know what the prohibited conduct is, how can I defend myself,” said Beqaj.

Another claim had to do with the objection to the decision of the preliminary hearing, which it considered as a notice of indictment, after SPAK requested a trial for abuse of office, while the court assessed that he had consumed the elements of the criminal offenses of "theft by abuse of office" and "structured criminal group".

According to Beqaj, there is no evidence of theft and therefore the case should be dismissed. He said that he was accused because of his profession, as the court in its decision assessed that he should have been aware due to his profession, as well as for actions taken after being notified of the accusation.

Beqaj listed all his claims in detail, requesting in each case the dismissal of the criminal case related to the sterilization affair.

He has also claimed during previous hearings that due process was violated during the preliminary investigations, and that the charges brought against him are illegal and invalid. According to Beqaj, the charges were brought against him by the court, as the prosecution had a different assessment and conviction.

Next, lawyer Ermal Yzeiraj also submitted preliminary written requests.

Prosecutors Edvin Kondili and Ened Nakuçi requested a postponement of the session, in order to have the opportunity to familiarize themselves in detail with all the preliminary requests and present a position. The session was postponed to June 23, at 1:30 p.m.

Ilir Beqaj was elected Minister of Health in the first cabinet of Prime Minister Edi Rama and during his leadership in the years 2013-2017, three concession contracts worth tens of millions of euros were signed for healthcare system services.

Since 2021, Beqaj has headed the State Agency for Strategic Programs and Aid Coordination, SASPAC, a post from which he resigned in November 2023. In October of that year, he also became part of the negotiating group for Albania's integration into the European Union.

In addition to the sterilization affair, Beqaj has also been sent to trial for the corruption affair with aid funds from the European Union through false procurement procedures and money laundering through fictitious invoices, at the time he headed SASPAC. Reporter.al