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Former head of the Court of Cassation: It is unbelievable that the prosecutor of SPAK stops the order for the investigation of the Meta-Berisha property

2023-02-07 12:40:02Aktualitet SHKRUAR NGA REDAKSIA VOX

Former head of the Court of Cassation: It is unbelievable that the prosecutor of

The former head of the Court of Cassation in Albania, Zef Brozi, has reacted to the action of SPAK prosecutor, Manjola Kajana, who appeals the decision of GJKKO and forces the Special Prosecutor's Office to initiate a criminal case for the investigation of the source of the assets of Sali Berisha and Ilir Meta. if they benefited from the theft of the state treasury during the '97 riots.

Brozi says that it shows that this situation in SPAK undermines the implementation of the principle "equal justice for all according to the law" and has consequences for Albania. In a reaction on Facebook, Brozi says that all prosecutors who are abusing their power by defending corruption and former high officials must answer to the law. 

"Unbelievable but true: a SPAK prosecutor appeals the decision of the Special Anti-Corruption Court that forces SPAK to start a criminal case for the verification of the assets of two former presidents and former prime ministers Berisha-Meta. Isn't this another proof that these two former high officials have their vassals and protectors in SPAK, so their crimes and corruption continue to go unpunished?

This situation in SPAK undermines the implementation of the principle of Equal Justice for All under the Law and has tragic consequences for Albania. I believe that those SPAK prosecutors who are abusing the power given to them by defending the corruption and crimes of some high-ranking and former high-ranking officials should be held accountable before the law. So even SPAK prosecutors cannot and should not be above the law", writes Brozi. 

This reaction of Brozi comes after SPAK prosecutor Manjola Kajana has appealed to the Court of Appeal the decision of the Special Court of First Instance that orders SPAK to investigate the assets of Meta and Berisha, whether it has been declared according to the law and whether or not unrelated to the theft of 280 kg of gold in the high security tunnels in Krrabë.

In September 2022, lawyer Idajet Beqiri referred to SPAK a criminal complaint against Sali Berisha and Ilir Meta as organizers and beneficiaries of the theft of state gold. On October 7, 2022, the prosecutor Manjola Kajana decided not to start investigations with the argument that the criminal offense has been statute-barred after more than 20 years have passed. Prosecutor Kajana emphasizes that 5 people were convicted for this event in 2001, with a final decision of the Military Court.

This decision of hers not to start investigations was appealed to the court by the accuser, lawyer Beqiri, and further in November 2022, judge Flojera Davidhi overturned the decision of prosecutor Kajana, reasoning that the prosecution cannot come to conclusions that there is no criminal offense and that the criminal offenses have been prescribed, without carrying out exhaustive investigations as we may face the continuation of the criminal offence. The judge also argues that it is up to SPAK to prove the complainant's claims if Meta and Berisha created the assets with the stolen gold, starting with the verification of the politicians' assets.


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