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Politike

"OFL" does not fall, the Constitutional Court certifies: Human rights are not violated, violation of property rights within the constitutional framework

"OFL" does not fall, the Constitutional Court certifies: Human rights

Operation Force of Law, which for almost two years hit the assets of over 500 entities with criminal records is in force even after a complaint to the Constitutional Court, which has not accepted the request of one of the entities, Edlir Hysenaj, as according to her are not violated human rights. The Constitutional Court has considered the case and has assessed that the judicial process according to normative act no. 1/2020, does not take place in the criminal field, so it does not intend to prove a criminal fact, because the rules of the trial in this case are those provided in the Code of Civil Procedure, while the consequences of this trial are of a civil nature, because they relate to property . Consequently, in this case the principle 'ne bis in idem' can not be applied, ie a case adjudicated twice. The Court finds that the allegations of violation of the principle of non-punishment twice for the same offense and the adjudicated item are unfounded. Consequently, seeing it in relation to these allegations, the Court finds that there is no violation of the principle of legal certainty. Regarding the principle of presumption of innocence, as stated in the analysis of the principle ne bis in idem, the Court considers that this principle applies to proceedings of a criminal nature and not those of a civil nature, therefore this claim of the applicant is unfounded. . Regarding the above, the court finds unfounded the allegation regarding the violation of the 'principle of equality of arms'. The Applicant alleged a violation of the right to private property, guaranteed by Article 41 of the Constitution and Article 1 of Protocol no. 1 of the ECHR, as the confiscated vehicle derives from legal income, namely from the previous sale of another property, which was the object of investigation in the previous criminal proceedings without any seizure or confiscation measure. But the Court reiterates that it presupposes the compatibility of the normative act with the Constitution, until the parties prove otherwise.

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