The Special Court of Appeals revealed the reasons why it imposed the security measure "obligation to appear" on Sali Berisha, 38 days after the "house arrest" measure against the former prime minister was lifted.
Referring to the first measure "obligation to appear", imposed on Berisha in October 2023, the Appeal emphasizes that this decision has been confirmed in all three levels of trial and even in the Constitutional Court.
Regarding the tightening of this measure to "house arrest", the second instance states that this occurred due to non-compliance with the first measure and not due to increased security needs.
The appeal has assessed that Judge Flojera Davidhi erred when she overturned the "house arrest" measure against the former prime minister accused of "corruption", after his previous attempts to have the measure lifted were rejected at all three levels.
"The preliminary hearing judge, in making his decision, simply reassessed the elements that were once taken into consideration by the preliminary investigation judge, without adding any new elements, which is not permitted as it constitutes a res judicata matter."
Although it considers the termination of the "house arrest" measure to be wrong, the Appeals Chamber considers that this measure was no longer necessary. For this, it took into account the fact that the former Prime Minister spent a year under "house arrest", that the non-implementation of the first measure was based on his alibi for unconstitutionality, a claim already rejected by the Constitutional Court, but also his age and other circumstances, different from those taken into account by the previous judge.
Further, referring to the fact that we are before the election campaign, the Appeal underlines that the applicant Berisha was also considered by the Constitutional Court's decision as the leader of the opposition, or the chairman of the main opposition party.
"By means of this measure ("house arrest") the applicant has in a certain way atoned for the consequence given by the legal provisions for the non-implementation of the previous security measure "obligation to report to the judicial police", and consequently this security measure had to be replaced, giving the applicant once again the opportunity to respect the obligations related to the new security measure "obligation to report to the judicial police".
The Court of Appeals does not fail to mention in the decision the fact that in the event of Berisha's failure to implement the "obligation to appear" measure, SPAK will have the right to request a stricter measure. (A2 Televizion)
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