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The Cërrik gang will be retried in SPAK/ This is why the decisions are "null" for one of the most sensational files in the country

2024-06-09 10:55:51Aktualitet SHKRUAR NGA REDAKSIA VOX
The Cërrik gang will be retried in SPAK/ This is why the decisions are
Cërrik gang

The Supreme Court has decided to return for retrial in the Special Appeal, the criminal file against 9 defendants who are known to the public as the Cërriku gang. It was one of the most sensational files that was investigated a few years ago by two Serious Crimes prosecutors, Adnand Xholi and Anton Martini, who ordered the arrest of 9 people, including the former chairman of the Rescue Committee in Cërrik, Lazar Bicja.

Bicja was described by the investigation of the prosecution as one of the persons who 27 years ago, in May 1997, had organized the armed ambush and the killing of 5 guards Besnik Sula, Halit Haxhia, Bashkim Mnella, Sali Martini, Petrit Ndoi and the wounding of several other effectives.

Journalist Elton Qyno has learned that in this criminal trial held at the Supreme Court, two judges from the administrative and Civil colleges participated, such as Sokol Sadushi, from the Administrative College and Ervin Pupe, a member of the Civil college.

This is because all the members of the criminal panel of the Supreme Court were consumed in the trial of the case when they exercised their function as a judge in the Court of Serious Crimes.

According to the three judges of the Supreme Court, Ilir Panda, Sokol Sadushi and Ervin Pupe, the reasons that caused the decision to be overturned were the decision of the judge, Gurali Brahimllari, who made a decision to set a security measure in the Court of First Instance for the arrested and the defendant, Skender Cano.

The Supreme Court says that Judge Brahimllari, and why he made previous decisions about the investigators of this file, judged the case later in the Court of Appeal for Serious Crimes.

On the other hand, the Supreme Court considers that the judge Gurali Brahimllari was a member of the Committee for the Protection of Witnesses and Collaborators of Justice, having a decisive role and gave an opinion for the penitent of this process, Bujar Buzani.

 " ...judge Brahimllari has made a decision to extend the terms of the protective measures imposed on Bujar Buzan and his family members, as well as the request of this department for the completion of the protection program for this defendant, presenting the incompatibility because it has been recognized and expressed an opinion regarding the object of the proceedings, the evidence related to the criminal fact and assessed the importance of the testimony of the associate of justice for the disclosure of the criminal fact in relation to the conditions for the continuation of the protection program for him and his family... " - it is stated in the decision of the Supreme Court.

The trio of Supreme Court judges further argue that Gurali Brahimllari had the obligation to resign in relation to the specific case, because he was familiar with the criminal fact, valuing it in relation to the relationship established between the prosecuting body and the associate of justice, whose statements have been an important part of proving the charge against the defendants, making the participation of this judge in the concrete case, prejudiced.

The College assesses that the trial by an impartial court is one of the important elements of the due process, guaranteed by Article 42 of the Constitution and Article 6 of the European Convention on Human Rights (ECHR). " ...the principle of impartiality implies the absence of prejudices from the judges on the case before them and that they do not act in such a way as to help the interests of one of the parties. A court must be impartial not only formally, but also expressly... " - said in the decision.

Another reason why the Supreme Court has decided to overturn the decision and return the file for retrial in the Special Appeal, is the claim of the defendants that the charge against them has not been proven beyond any reasonable doubt.

" ...this College considers it a well-founded claim. This is also related to the principle that the burden of proof to prove the accusation rests with the prosecuting body, which must, through the evidence presented at the trial, convince the court "beyond any reasonable doubt" that the criminal offense was committed and that it was committed by the defendant..." - says the decision of the Supreme Court.

It is further stated that: " ...the College appreciates to highlight the fact that, in its reasoning, the Court of Appeal for Serious Crimes, in the retrial, formally confirms the reasoning of the Court of First Instance for Serious Crimes, without confronting any due to the appeal filed by the defendants as a deficiency of the judicial investigation of this court or their possibility to request or confront the evidence required in the trial against those presented by the proceeding body, in order to reach the fairest resolution of the case..." .

The reasoning of the Court of Appeal for Serious Crimes is found to be lacking even in relation to the tasks left by the Supreme Court, as a legal obligation to be implemented.

It is now expected that the 9 members of the Çërriku gang will appear again before the Court of Special Appeal, where the next decision will be heard. The prosecutor of the case will again be Adnand Xholi, who already holds the position of deputy head of the SPAK Special Prosecutor's Office.

PENALTIES IN THE FIRST DEGREE

Meti Bozi, sentenced to life imprisonment for 6 murders and 16 injuries of policemen

Arjan Toska, sentenced to life imprisonment for 5 murders and 16 injuries of policemen

Roland Xhepexhiu, sentenced to life imprisonment for 5 murders and 16 injuries of policemen

Tomor Buzani, sentenced to 23 years in prison for 5 murders and 16 injuries of police officers

Llazar Bicja, sentenced to 22 years in prison for 5 murders and 16 injuries of policemen

Alban Toska, sentenced to 22 years in prison for 5 murders and 16 injuries to policemen

Entel Gashi, sentenced to 22 years in prison for 5 murders and 16 injuries to police officers

Skender Cano, sentenced to 21 years in prison for a murder and 16 injuries

Bujar Buzani - Repentant, 23 years in prison, sentence reduced to 8 years in prison

VICTIMS IN THE CERRIK MASSACRE, officers of the Republic Guard:

Faithful Sula

Halit Haxhia

Union Mnella

Martini Hall

Qemal Mehmeti

Petrit Ndoi

The wounded in the Cërrik massacre:

George Gjoka

Ded Margjoka

Ferd Laska

Peter Nikolli

Petr Guda

Agron Kulicaj

Pask Ndreca

Hasa light

Agim Biberi

Paulin Ndoka

Petrit Nikolli

Luan Prenga

Metaliaj lighthouse

Petrit Gjoka

Easter Doda

Sokol Kuca

*Taken from Ora News


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