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Deklaratë e kryetarit të PD: Vendim i SIAC shton një kat në monumentin e korrupsionit dhe turpit të vendimit për përjashtimin e Sali Berishës

With evidence/How the justice has implemented and is implementing the political orders of Edi Rama's authority against the leader of the opposition, Sali Berisha

With evidence/How the justice has implemented and is implementing the political orders of Edi Rama's authority against the leader of the opposition, Sali Berisha

13:30, 15/04/2024
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The leader of the Albanian opposition, Sali Berisha, has been subjected to unconstitutional security measures for 6 months, without any official charges.

Despite SPAK's investigation into Sali Berisha and three generations of his family for over 3 years, which has failed to uncover any evidence supporting his arrest, it continues to act under political directives, violating laws to politically target the opposition leader.

Albania has transformed into a party-state republic in recent years, where no judge dares to make a decision contrary to the preferences of the country's Prime Minister. The Prime Minister has seized control of every independent institution in the country, appointing every prosecutor and judge according to his wishes, and has threatened those who do not blindly obey.

Edi Rama stands out as the sole Prime Minister who has demonstrated a penchant for contacting judges and coercing them to act in his favor.

The prolonged detention of the opposition leader without any formal charges, devoid of factual basis, unequivocally reveals the political subservience of the prosecution and all courts in the country. They function merely as notaries of the Prime Minister's desires, seemingly oblivious to legal principles and constitutional rights.

The criminal complaint against opposition leader Sali Berisha was filed by former head of the Parliamentary Group of the Socialist Party, Taulant Balla (now serving as Minister of the Interior), in 2020.

As demonstrated in the letter below:

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In this document, a compelling instance reveals the eagerness and dedication of the New Justice system to swiftly take action. As evidenced by the seals, the prosecution promptly accepts the report and initiates criminal proceedings on the same day.

Enkelejda Millonai is the prosecutor who has exemplified such diligence in her work. She has been identified through media reports and citizens' denunciations as a prosecutor allegedly linked to Taulant Balla, transitioning from a prosecutor in Elbasan to a prosecutor in SPAK.

Millonai stands out as the primary prosecutor enlisted in this political persecution against the opposition leader. Rather than registering a report containing specific names, she opted to register it as a criminal proceeding without naming individuals. This maneuver underscores the prosecutor's alignment with political agendas.

Despite Taulant Balla submitting a report with specific names, the prosecution chose to file a report without naming individuals. Below, we will substantiate where the political subordination of the prosecution lies.

Prosecutor Millonai's strategy revolves around exploiting the law to prolong the detention of Berisha and Malltezi for political motives. This manipulation stems from the legal provision stipulating that if an investigation is based on concrete names, the investigation period is limited to six months. Conversely, when the investigation lacks specificity and names, the prosecution can extend it for up to three years, as observed in Berisha's case.

This deliberate misinterpretation of legal provisions serves as a tool for politically targeting the opposition and prolonging the legal process against the DP chairman, ultimately aiming to invalidate his deputy's mandate through legal maneuvers.

However, did SPAK truly conduct investigations without specifying names as it asserts?

The evidence suggests otherwise.

Documents obtained by Syri, as well as disclosures made by Mr. Berisha's legal representatives, indicate that SPAK has not only investigated individuals such as Sali Berisha and Jamarbër Malltezi but has also delved into multiple generations within the opposition leader's family circle. This extensive investigation has persisted for over three years. Despite these efforts, SPAK has failed to produce any substantial evidence or even an accusation against Sali Berisha.

But why is the investigation political and why did it start?

Following the events within the Democratic Party, Sali Berisha demonstrated his resolve to the Albanian people and to Edi Rama's allies, making it clear that he would not allow them to dismantle the Democratic Party and undermine pluralism in Albania.

Berisha's call for an Extraordinary Assembly of the DP on December 11, 2021, served as undeniable proof of the support he garnered from Democrats.

Subsequently, Edi Rama orchestrated another narrative against the opposition leader, intensifying political pressure on the prosecution. To achieve this, he enlisted Taulant Balla along with Juri Kim and coerced Gabriel Escobar, thereby pressuring SPAK to take action against Berisha.

Under these circumstances, SPAK initiated an investigation not only against Berisha but also against three generations of his family, encompassing Berisha's children, nieces, and even his 10-year-old nephew.

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The property investigation spanning three generations against Berisha commenced in December 2021, following the organization of the Extraordinary Assembly of the DP.

Despite conducting extensive property investigations against Berisha and his family members, SPAK failed to unearth any incriminating evidence. However, political pressure on SPAK persisted, with Prime Minister Edi Rama openly threatening them during the SP Congress on April 09, 2022, and May 07, 2022, alleging that "SPAK and the entire justice reform are failing."

As evidenced in the following video, the Prime Minister equates the success of the justice reform with the imprisonment of the opposition leader:

Following this public political pressure, it is well-known that the clandestine coercion exerted by Rama upon members of the judiciary is even more intense. Consequently, SPAK issued six new documents to investigate Berisha and three generations of his family circle.

On the same day (29.04.2022), SPAK requested ILDKP to provide all property declarations submitted by Berisha since the inception of his public service.

The subsequent document demonstrates that another institution, ILDKPI, led by individuals appointed by Rama, furnished SPAK with 20 years' worth of Berisha's declarations.

On the same date, SPAK urgently dispatched six letters to all state institutions, including tax authorities, customs, the Social Insurance Institute, and others, requesting information on three generations of Sali Berisha's family circle.

What makes this political persecution against the leader of the opposition simultaneously tragic and absurd is the extent to which the investigation reaches. Not only were Sali Berisha and Jamarbër Malltezi scrutinized, but also their older family members, nieces, and even individuals who were not yet born or were minors during the period from 1994 to 2012.

 

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All these documents are included in SPAK's investigation file, highlighting the detailed and targeted nature of the investigation against Sali Berisha and Jamarbër Malltezi, spanning over three years.

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On April 2, 2024, SPAK announced its decision to extend the investigations, citing that the initial six-month period was deemed insufficient.

According to SPAK, the investigations against Berisha and Malltezi commenced on October 2, 2023.

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Investigation with concrete names with letters and propaganda for general investigation.

This indicates that SPAK has misapplied the law permitting anonymous investigations, allowing it to continue probing for over three years. However, as evidenced earlier, SPAK has conducted investigations into Sali Berisha and Jamarbër Malltezi with specific names. Therefore, the extension of these investigations appears to be a mere acquiescence to Prime Minister Edi Rama's political directives.

All these actions are driven by a singular objective: to invalidate the mandate of the opposition leader through the manipulation of political justice.

Despite conducting investigations for over three years, justice has failed to produce any charges, evidence, or documents implicating Sali Berisha in any wrongdoing during his tenure as the country's prime minister.

Even the prosecutors handling the case in Parliament have conceded their lack of evidence against Sali Berisha. However, they sought house arrest for Berisha on the grounds that he remained actively engaged in public affairs and refused to comply with the initial unconstitutional order, which aimed to restrict his movements and prevent him from leaving the country.

From the details provided, it is evident that SPAK has failed to exhibit professionalism and uphold the law throughout the course of this investigation. Instead, it has manipulated legal processes in accordance with the desires of Edi Rama.

SPAK's actions do not reflect a genuine intent to investigate but rather seem geared toward prolonging the house arrest of the opposition leader, with the aim of invalidating Sali Berisha's mandate and ensuring Edi Rama's advantage in the upcoming parliamentary elections. This strategy aims to create a façade of legitimacy for the electoral process while undermining democratic principles.

This was also glaringly evident in Berisha's request to attend Parliament, a constitutional right for MPs. However, both SPAK and other courts, such as GJL, turned a blind eye and opted for political subservience to Prime Minister Edi Rama.

Edi Rama, inherently unable to confront a genuine opponent in electoral battles, deliberately conveyed his political directives to the judiciary, publicly demonstrating his authority and control over every institution in the country.

In summary, this encapsulates the state of the new justice system in Albania in 2024.

 

© SYRI.net

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