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Violation of procedure and playing with deadlines / How SPAK "protected" the two prosecutors accused of the "Ahmetaj" file

2023-01-31 18:49:29Fokus SHKRUAR NGA ENDRIT HABILAJ
Violation of procedure and playing with deadlines / How SPAK
Prosecutors Klodian Braho and Ened Nakuçi and Arben Ahmetaj

The two prosecutors of SPAK, Klodian Braho and Eneid Nakuçi, were saved from the investigation by procedure after the report filed against them for concealing the evidence showing the payments of Klodian Zoto, a citizen declared wanted for Arben Ahmetaj.

The Code of Criminal Procedure defines in its article 291 the deadline for not starting a proceeding. According to this article, within 15 days, the prosecutor who examines the report must make public the reasoned decision.

The decision is then notified to the involved parties, in this case journalist Adriatik Doçi and prosecutors Eneid Nakuçi and Klodian Braho, 10 days from the date of notification. In the case of examining the complaint against the two prosecutors Braho and Nakuçi, the limits of this term have been reached. Journalist Adriatik Doçi filed a complaint against two prosecutors for abuse of office and obstruction of the disclosure of the truth on December 9.

On the 13th day of this deadline, that is on December 22, the other prosecutor of SPAK, Alfred Shehu, who was given the chance to examine the report of the journalist, came out with the decision not to start the investigation. Beyond the weak reasoning given in this decision, where the same arguments used by the two accused prosecutors, Braho and Nakuçi, were cited, Alfred Shehu's decision also has a timing detail. If the decision to dismiss was not made within 15 days, in this case by December 24, then SPAK would be legally bound to investigate. In this case, deadlines are not the only element used to save the two prosecutors Braho and Nakuçi from the investigation. The other element is even more serious and has to do with the violation of Article 78 of the Code of Criminal Procedure.

This article states that SPAK had to declare incompetence for the report of the journalist Adriatik Doçi and pass it on for review and evaluation to the prosecution of the usual jurisdiction, specifically to the Prosecutor's Office of Tirana. Also, the act of abuse of office is not within the jurisdiction of the SPAK, since the Prosecutor of the SPAK is not a subject provided by Article 75/a of the Code of Criminal Procedure.

Simply put, SPAK has violated the law to protect the two prosecutors, dismissing the report for diversion of investigations, for undisputed evidence against the former Minister of Finance Arben Ahmetaj. In this whole matter, SPAK's decision by using the deadlines and violating the Code of Criminal Procedure "threats" even more the violence done with the investigative file of the Elbasan incinerator and the non-inclusion in it of the invoices showing the benefits of Arben Ahmetaj from Klodian Zoto . The case is currently in the first instance of the Special Court, after the appeal made by the journalist Adriatik Doçi against the decision of the prosecutor Alfred Shehu./Tch


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