The Special Court of First Instance, the Court of Appeal, and even the Supreme Court have violated the Constitution and violated the freedom of former judge Mimoza Margjeka.
The finding was made by the Constitutional Court, which accepted an appeal filed by the former Korça Appeals Judge, annulling as unconstitutional the decisions of the three levels of the judiciary, which rejected her request to terminate the security measure "house arrest".
Former judge Margjeka was investigated by SPAK and tried by the Special Court for the criminal offense of "corruption", an offense for which in December 2023 she was sentenced to 4 years and 6 months in prison, a sentence that was converted to 3 years of probation, writes A2 CNN.
During her trial, Margjeka remained under the security measure of “house arrest”. She requested the termination of this measure when she completed the 9-month period, a request that was rejected at all three levels of the trial. According to the Special Court, the Appeals Court and the Supreme Court, in the case of the measure of “house arrest”, the legal term of the measure was 18 months and not 9 months, with the reasoning that the time limits of “prison arrest” did not apply to “house arrest”.
Eight constitutional judges reasoned in the decision that the Supreme Court, using several methods of legal interpretation, appears to have in fact created a new procedural norm, according to which the duration of the security measure "house arrest" is twice that of "prison arrest", an interpretation considered erroneous.
Because the measure against the judge was terminated in the final decision, sending the case for retrial would not bring results for former judge Margjeka. In this way, the Constitutional Court has limited itself to annulling the three contested decisions as incompatible with the Constitution and finding a violation of the personal freedom of the former judge. (A2 Televizion)
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