Why does SPAK not arrest Sali Berisha?

2023-12-04 22:26:00, Editorial Andi Bushati

Andi Bushati

Sali Berisha was found again this Monday at the head of the group that ignites flames in the parliament, while he had to comply with the appearance order, according to the decision of the Special Court. It's been a month and a half since SPAK and then the court made the decision to seize the passport and restrict the movement of the opposition leader, as accused of passive corruption in the case of the privatization of the former club Partizani, which the former prime minister is challenging in open way them.

Berisha has publicly declared, in a provocative manner, that he does not recognize and does not respect this illegal decision and in violation of the constitution according to him. But the bodies of the new justice are convinced that they have strictly implemented the law and that they should not have received approval from the parliament for these soft restrictions that they want to apply to an elected deputy.

So here we are at a point where each side defends its own logic. But, while Berisha goes to the end of his reasoning, ignoring the decisions of justice, the latter seems to be caught in a trap. Normally, SPAK and the Court, if they were really convinced that they are right, would have to ask for a more severe measure against Berisha. This is the usual practice towards a citizen who challenges the decisions.

SPAK and the Special Court should be all the more diligent, when it is known that they were established to prevent the inviolables from being ignored in relation to justice. When their existence is precisely related to the end of the cult of impunity. To return to the specific case, if they felt disregarded by Berisha, they should have automatically sought an arrest warrant for him, if only to put the law in place, if only to make an example that with this Euro-Atlantic justice, the characters of the past can no longer behave the same as with that predecessor. Therefore, the question that everyone would logically ask is: why don't they take a more serious measure, why don't they arrest Saliu?

In order to give an answer to this senseless dilemma, one must first know a fact, that in order to do this, SPAK must officially request the Assembly to vote for the removal of the MP's immunity. So this would force the Special Prosecutor's Office to return to the point of that vicious circle it created itself, in the middle of October, when it tried to avoid the parliament from considering this issue.

Despite the fact that the debate continues among the jurors, whether or not the deputies should vote on the minimal restriction that was made to the movement of their colleague Sali Berisha, the solution made by SPAK, raised doubts since then. There were many who interpreted the avoidance of parliament as an order from the top of the power pyramid, not to politicize this file. According to this theory, SPAK was violating the constitution ordered by Rama, that the debate in the commission of mandates, between the prosecutors and the leader of the opposition should be avoided and that the ruling majority did not have to raise the green cards for a matter that belonged to justice.

In the early days, those who articulated this thesis seemed either strongly positioned militants, or paranoid to the point of absurdity. The opinion was dominated by the simplified superstition that Berisha had to act like all citizens and appear before the ograns. But provocateur and crusader of impossible battles, the Doctor chose the opposite path. And now, instead of the first question, another one is taking place in the opinion: "And when he doesn't obey, why don't they arrest him"?

It is precisely the suspension of this puzzle, the prying eyes of the prosecutors, the owl-like attitude of SPAK towards it, that gives more and more justice to those who threw out the version of a politically directed machination. If they were to follow the logic of the law, the prosecutors should have asked for a more severe measure against Berisha who is defying them. As long as they don't, they show that someone is being played from above like a marionette. This person is not interested in the fact that the parliamentary majority is also implicated in the Berisha file.

So basically, without realizing it, the SPAK strongmen are playing the game that interests the opposition leader the most, who has considered his process as political from the beginning. Paradoxically, by not demanding an arrest for him, they are reinforcing this hypothesis more and more every day. If until now people were asking why Berisha does not obey SPAK, now this dilemma has changed sides, what order are the prosecutors waiting for to stop his challenge?