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Politike

Spartak Ngjela: Here is the 'Achilles' heel' in justice that can save Sali Berisha from 'house arrest' and the only case when his mandate as a deputy can be burned, why the former prime minister can give him peace if the file is investigated of 'January 21'

Spartak Ngjela: Here is the 'Achilles' heel' in justice that can

The well-known lawyer, Spartak Ngjela has commented on the latest political developments. According to him, the "Achilles heel" that freed Vangjush Dako from the cell was the passing of the deadlines. For the lawyer, the same situation can happen with former prime minister Sali Berisha. Njjela says that if Saliu passes the deadline, they will take him out. On the other hand, he has also discovered the only case when Sali Berisha's mandate as deputy could be burned. Njjela says that the final criminal sentence automatically removes his mandate. On the other hand, the lawyer says that Berisha can take it easy if the January 21 file is investigated. According to him, he is far from criminal responsibility because a government decision has a provision, for collective crimes there can be no personal responsibility.

-Mr. Ngjela, the former mayor of Durrës Vangjush Dako, left prison a few days ago and was transferred to house arrest because of the terms of detention, do you think we have a proper legal process?

Because the deadlines were passed, this is the 'Achilles heel'. There are terms of detention. It is even wrong that he should not be under house arrest either. Because if he comes out, he goes to the prosecutor's office for questioning, but this must be respected. It came out according to the law.

- Does anything change with this change of measure that was made to the former mayor Vangjush Dako?

The charge has not been dropped, but the measures have been taken. House arrest is equivalent to arrest. As many days as they are called in prison, they are also called at home. He is still in custody.

-Former Prime Minister Sali Berisha has requested relaxation of the security measure, do you think that the measure can be changed for him as it was changed for Vangjush Dako?

Saliu has not completed the term of isolation. There is a deadline. You can't keep it isolated more than that. Even Saliu, if the deadline passes, they will take him out, but before the deadline, they will not take him out.

- Former prime minister Sali Berisha has also asked me to go to the Assembly, because the mandate as a deputy can be burned if he is not present for 6 months, how do you comment?

His mandate is not burning, but it seems to me that he does not have a lawyer. It is a reason, just like if you are sick you cannot go to the Parliament, so the arrest is also a reason. Now, no one takes away his mandate, but if he is convicted, it is automatically taken away. The final criminal sentence is automatically removed.

-On March 12, the court will decide whether "January 21" will be handed over to SPAK or not, and it has been requested that all parties be present, do you think that this case will be taken up by SPAK?

There is a law and it was a serious crime because 4 people were killed on the road and they demand justice. Not all defendants have been charged and let's see what decision the court will make.

- Prime Minister Edi Rama has been critical of judges and prosecutors, calling them spineless for not investigating this case?

This has resumed to give justice. In the beginning, it was a trial completely outside the normal procedural concept, not all the defendants were taken, now the high districts are taken as defendants. This has restarted to give in justice and has taken big personalities, even the minister as a defendant. It is an improvement on the first abuse. If the court sentences and passes it in very justified spheres with facts, the judges of the first sentence are endangered. Even the accusers of the first sentence. Because it is understood that they are either corrupt or incompetent. Because it is a violation of the law. They are called absolutely void decisions.

- Should I go to justice Berisha regarding that incident?

 The prosecution should have found him, not me. He has accusations. Speaking a priori, he is far from criminal responsibility because a government decision has a provision, for collective crimes there can be no personal responsibility. Therefore, the government's decisions escape them because they are collective decisions regardless of whether the prime minister signs them.

- Do you think that the criminal amnesty is remaining on the political ping-pong table or do you think that it should have been granted already because there are people who expect to benefit from this?

 Criminal amnesty is 'humanism', because prison is suffering, it is not a rest home, and amnesty saves you from this suffering, because after you have gained your freedom with amnesty, you are no longer considered condemned. Based on my sources, the prisons are out of capacity, but this is a serious violation of rights because that prisoner should have a square meter of space and if you have exceeded the measure, it is a violation of human rights. So amnesty was necessary, or new prisons will have to be opened. Maybe they don't build new prisons because it's expensive and they think that at the moment they received a complaint that they are holding prisons beyond the prisons' capacity.

- There is a debate that the amnesty is not being voted on for an amendment whether or not the officials convicted by SPAK or by GJKKO would be pardoned and this was the debate on the amendment, but if this is not included what is holding politics hostage, should the opposition also to vote, so the part of Lulzim Basha has set conditions to approve and vote for it, while Rithemelimi has not agreed?

Amnesty is a humanistic notion and the law is equal for all. If they grant amnesty and exclude a category of convicts, it's communism, it's class war, it's a serious violation of dignity in accordance with the law. Equality before the law is a universal norm that emerged in the West, equality before the law is the greatest value of justice. Then this is how equality before the law is broken, if a law is passed on amnesty and it is said that whoever has been sentenced for 12 years or less is released except for those who have another measure of punishment, here you have fallen into a tyrannical regime. It should not be done, it is a serious violation.

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