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Altin Dumani says "inadvertently" that GJKKO decides what SPAK wants

2024-04-04 13:46:00Aktualitet SHKRUAR NGA REDAKSIA VOX
Altin Dumani says "inadvertently" that GJKKO decides what SPAK wants
Altin Dumani, head of SPAK

For about two hours, Altin Dumani presented before the High Council of Prosecution the work of SPAK during the past year, as well as answered the questions of the members of the council on the problems encountered during the investigations and judgments of the files in the court.

Among the concerns raised by the members of the KLP was the concern expressed by civil society, human rights activists, the media and even the Ministry of Justice. The concern was related to the extreme severity of the security measures required by the special prosecutors for persons under investigation and the approval of these measures by the special court.

The special courts have been criticized for turning into notaries of the SPAK, approving every request for a security measure of arrest and imprisonment, even in cases where the evidence and the history of the accused show that lighter security measures may well be applied, such as house arrest, obligation to appear, or even property guarantee.

Dumani, after considering this simply a media and public perception, admitted during his speech that the courts give decisions according to SPAK's requests.

"...as I said that every case of innocence is appealed by the prosecutors and the courts decide what we ask for, even in relation to the guilty declaration of the subjects we send for retrial", he said.

The head of SPAK considered this as an indicator of the professionalism of the prosecutors and the quality of the investigations. But this is the alibi. The truth lies elsewhere and this is best illustrated by the tragic case of Enver Sheshi, who died in the harshest and most notorious detention cells in Albania.

Keeping the deceased in a cell, even though he submitted to the courts a bunch of documentation proving his health problems, raises strong suspicions that in an effort to do justice, freedoms and basic human rights are being violated with both feet.

Violations stem from the legal, but more than legal, public 'power' vested in SPAK. The Special Prosecutor's Office is legally responsible for raising charges and requests for security measures, based on the dangerousness of the persons under investigation.

Then, regarding these accusations and security measures, the court should legally have the last word. But, in these SPAK years, the cases where special courts have decided differently from the requests of special prosecutors can be counted on the fingers of one hand.

This is also reflected in SPAK's annual reports, where for the years 2020 and 2021, the austerity security measures approved by the court go up to 90 percent of the total demands of SPAK. The figure suggests that it is the court itself that has submitted to SPAK and has turned into a notary of the special prosecution and the special prosecution has de facto taken over the power of the court.

The most typical example is the case of Enver Sheshi, for whom the lawyers asked for the relaxation of the security measure to allow him to receive proper health care, while SPAK requested to be released under the security measure of prison arrest.

The court ignored the evidence presented in the 59-year-old's health file and moreover, it also ignored the fact that the deceased was investigated and convicted in a case for the same charge of evasion with the Fieri incinerator.

This is the main side effect of justice reform, the consequences of which may be even more serious in the future if the special courts do not curb the appetite of the special prosecution, which is more than justice, with the often absurd demands to keep treated in the cell, or to convict as dangerous criminals the persons he has under investigation, he needs these for the annual reports.

In these reports, for two years, the high number of security measures, arrest and imprisonment, have been presented as an indicator of success, even with an attempt to sell this as an indicator of the quality of investigations. However, reports from the Helsinki Committee show that more than the quality of SPAK's investigations, the court has submitted to the special prosecution for fear of the reaction of public opinion.

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