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Conflict over work tools/ They arrest the son 4 times in 10 years for the same issue

2023-06-13 21:55:27, Denoncim CNA

Conflict over work tools/ They arrest the son 4 times in 10 years for the same

Besnik Karaxha tells the investigative show "Stop" on TV Klan that in 2013, his son had a conflict with some people for a banal motive with a work tool. The conflict escalates and turns into violence, where Besnik himself is involved. Both are arrested and the court orders "indefinite imprisonment".

According to the first examination, it was a minor injury, they are released and Besnik is under "house arrest", while his son is under "compulsion to appear".

After the third expertise came out, Besnik was sentenced to 5 years in prison and his son to 3 years and 6 months. In 2015, they were arrested. Besniku says that in 2015 they were arrested and were serving their sentence in IEVP Fier.

On December 31, 2015, they applied to the court to benefit from the amnesty of 2015. The Court of Fier rejected Besnik's request and the Court of Appeal approved it, releasing him in 2017.

The boy still did not have a court date. On the other hand, the boy was rejected by the Court of Fier and accepted by the Court of Appeal of Vlora.

He is released and the prosecutor appeals to the Supreme Court. The Supreme Court returns him to prison again. Besnik takes him to the Constitutional Court and the Constitutional Court annuls the decision of the Supreme Court, sending him back for a retrial and frees his son.

In 2023, in March, the Supreme Court again decides to return him to prison, as it is said that he does not benefit from the amnesty of 2015.

From 2013 until now in 2023, Besnik wanders through court hearings and the boy is arrested for the fourth time.

Complainant:In 2013, the boy went to Farka for a work tool to take to some of his cousins ??that we had taken from him. The boy goes to get the work tool in his house because there were 5 brothers and they hit him. They hit him because they don't give him the work tool. The guy tells you that you're going to give me the tool because it's my tool and then, they hit him. I take the car I had and go there to the scene. The moment I go there, they lift me up with beasts of shovels, pitchforks, they hit me, we are neck to neck there. One of their brothers lies on the ground as if he has passed out. Their brother takes him by car and takes him to the military hospital. He stayed there for 3 days, allegedly hospitalized and allegedly injured, and even now, the police come and arrest me and the boy. Since 2013, we get arrested and go to jail. We go to the Court of First Instance, which decides "indefinite imprisonment", both for me and for the boy. In the Court of Appeals, the boy comes out with a "compulsion to appear", while I stay in prison until the forensic expertise is done. The first expertise from which I leave the court says that "the blow is easy". I am released from prison under "house arrest".

Journalist: Then the third expertise came out, which says "serious injury"...

Complainant: The court sentenced me to 5 years in prison and 3 years and 6 months to my son, Roland Karaxha. On June 4, 2015, the police came and arrested me and my son and we went to prison. On June 4, 2015, we were arrested and taken to Fier prison to serve our sentence. On December 31, 2015, amnesty was issued with the law "154".

Journalist: So, you applied in 2015 to benefit from amnesty at the Court of First Instance in Fier, what did the court decide?

Complainant: The court rejected the request, both for me and the son. Then, we appealed to the Court of Appeal, which decided both for me and for the son, the benefit of a year of amnesty, a year of reduced sentence. Then, I benefit from the amnesty of 2015 – 1 year reduced sentence. The amnesty of 2017 was also held and on January 14, 2017, I was released, while the boy was not released because the trial had not yet taken place. The boy again benefits from the amnesty of 2015 and entering the amnesty of 2016, the boy is released from prison on April 19, 2017 and released by the Court of First Instance of Fier.

Journalist: In 2017 you are both released, where is the problem?

Complainant: Because the prosecutor who had my case did not appeal the decision of the Court of Appeal, while the boy appealed to the Supreme Court. In the High Court it is again decided to return the boy to prison and after the boy was arrested and went to Fier prison, I directed you to the Constitutional Court, which issued a decision upholding the decision of the Vlora Court of Appeal. The Constitutional Court returns it to the Supreme Court for trial. Then, the Supreme Court makes a decision and returns the boy back to prison. He made this decision on March 23, 2023.

Lawyer Eridi Sherifi says that this is an alarm bell for the justice system.

Lawyer, Eridi Sherifi: One court grants amnesty, another court refuses it. Normally, the decision of the Supreme Court gives a final solution, but in these conditions, we are faced with the fact that the person is suffering because of the justice system. The case of 2013 has not found a solution in 2023 and this is certainly an alarm bell for the justice system and for the problems of citizens who cannot find a solution. A law forgives the remaining part of the sentence, the other law that is made in 2016 for granting amnesty, is improved in the framework of 2015, but the whole problem lies in the courts and in the interpretation they make. The solution lies in a request that the citizen must make to the court to ascertain the non-execution of the sentence because from its delivery in 2013 and the decision that took final form in 2015 by the Court of Appeal until now,/tvklan.al