
The Constitutional Court of Sadushi, (i.e. 5 of the members), signed the annulment of the Decision of the Council of Ministers dismissing Veliaj. The motivation for the dismissal was the inability to exercise the duty for more than 3 months, which was and remains the limit that the law tolerates for absence.
Veliaj's firecrackers celebrated as he returned to prison. Nothing changed. Now they are promoting Veliaj's release.
But what has been the decision-making of the Constitutional Court in cases of identical requests.
Veliaj claims release from detention because:
(1) he is being held in detention without a conviction;
(2) the measure is disproportionate, and because
(3) he is being prevented from exercising the mandate given to him by the citizens.
Fredi Beleri was arrested (and later convicted of "election corruption") on the last day of the electoral campaign for the 2023 local elections. It should be clear that the imposition of a pre-trial detention measure is related to the charge and the types of punishment provided for that charge. Therefore, when the court imposes a security measure with imprisonment, proportionality is seen in relation to the charges that burden the official and not to the duties that the official exercises.
Beleri requested his release, as:
(1) he was being held in pre-trial detention without a conviction;
(2) the security measure was disproportionate, and;
(3) he was being deprived of the right to exercise the mandate won by the voters.
There is a criminal case against Veliaj with 13 charges, of which 9 are for corruption, as well as "money laundering" and "hiding assets". This is the mountain that keeps Veliaj in prison!
Veliaj, like Beleri, at all three levels of the judiciary, and eventually even in the Constitutional Court, can rely only on these three requests.
Beler and Veliaj's claims are identical. Among the lawyers who pull out the paper and hide their faces, it is not surprising that the same person wrote both complaints.
Beleri remained in prison even by the Constitutional Court. In March 2024, the Constitutional Court rejected Fredi Beleri's request to lift the "prison arrest" security measure by a vote of 8-1.
The Constitutional Court then told us that the decisions of the lower courts (the Special Court of First Instance, the Special Court of Appeal, and the Criminal Chamber of the High Court) respected the procedural norms for applying the measure of arrest.
According to the Constitutional Court, the Special Prosecution Office had reasonable suspicion that Beleri had committed the criminal offense and that the courts justified their decisions to apply the security measure of "prison arrest".
In the assessment of the Constitutional Court, "the personal security measure "Arrest in prison" imposed on the applicant does not appear disproportionate in the context of the circumstances of the case, in direct relation to the criminal offense for which he is accused and the procedural rules of the CPC for imposing the personal security measure "Arrest in prison" (point 49 of decision no. 19, dated 21.03.2024 of the Constitutional Court).
The Constitutional Court, in paragraph 51 of its decision on Fredi Beleri's request, states that "the restriction of the applicant's personal freedom was made for a legitimate purpose and that the restriction does not appear to be disproportionate in relation to this purpose."
But, our Constitutional Court, which, for example, had previously said that not every dismissal of a mayor goes to the Constitutional Court for appeal, when Sadushi went to the door, it said that every dismissal of Veliaj, except for the dismissal under the decriminalization law, should go to the Constitutional Court.
As people without professional personality, they adapted their decision-making to whatever money Sadushi had in his pocket.
How far will they go this time?! /CNA
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