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Former prosecutor reveals procedural "trick": How the case is being dragged out to save Balluk and overthrow SPAK

2026-01-29 17:35:09Politikë SHKRUAR NGA REDAKSIA VOX
Former prosecutor reveals procedural "trick": How the case is being
Alban Daci, Fiori Dardha, Eugen Beci and Belinda Balluku

Invited to the Top News studio, on the "Breaking" show with moderator Fiori Dardha, former prosecutor Eugen Beçi has openly articulated what he described as a "procedural game" between the Constitutional Court and the Assembly, which, according to him, risks leading to the rejection of SPAK's request for the lifting of immunity and the arrest of Belinda Balluku.

Beçi emphasized that what is currently happening has nothing to do with the strengthening or weakening of the justice system, but with the way in which politics, according to him, is avoiding a direct confrontation with the process.

"We cannot simply say that the fact that politics can distance itself from the desire for justice means that a body of justice is weakened. But, referring to the facts, we reach a conclusion: Politics seems to have entered into procedures to avoid this famous sentence that "from today on I do not support justice."

According to the former prosecutor, the connection that is being attempted to be created between the process in the Constitutional Court and the parliamentary procedure for lifting immunity is legally unfounded.

"There are two processes that run parallel to each other. There are two processes that are unrelated to each other, neither in jurisprudence nor in the concept of security measures."

Beci underlined that SPAK, according to him, has been procedurally cautious by making it clear to both politics and the Constitutional Court that these are different files.

"The Special Prosecutor's Office has been procedurally careful to show politics and the Constitutional Court that one file in the Constitutional Court is not related to another file in Parliament."

Referring to the current scenario, the former prosecutor warned that delays could have a concrete and legally foreseen effect.

"If the Constitutional Court continues to delay and the mandates committee, and consequently the entire parliamentary procedure, fails to reach a decision within three months, then the Special Prosecution's request is considered rejected."

Beci openly described this situation as a mechanism to hide behind procedures.

"This seems like a procedural game of hiding behind a finger. Politics does not seek to speak directly with the right language and says: my deadlines have passed."

He added that this is not the first time that, according to him, politics has played with procedural deadlines.

"Some of them have even escaped accusations or denunciations for major affairs, precisely by playing with procedural deadlines."

Another critical point, according to the former prosecutor, is the role that the Constitutional Court is taking in this process.

"At first glance, it seems as if the Constitutional Court has turned into an appeals court for security measures, which should not happen."

Beçi explained that, according to him, the Prime Minister could have been legitimate to address the Constitutional Court only for matters of principle, such as the compatibility of Article 242 of the Criminal Procedure Code with the Constitution, but not for a concrete security measure.

"No way to say about a concrete security measure and take it to the Constitutional Court, turning it into an appeals court."

Regarding the possibility of sending the case to the Venice Commission, the former prosecutor expressed skepticism, seeing this as another instrument of delay.

"Let's put it bluntly: today this can only be used for one purpose, to drag out the process."

He stressed that the Venice opinion is consultative and not binding and that precedents in Albania show, according to him, that these opinions are often used only to gain time.

“This is just a procedural game.”

Speaking about the role of the Parliament, Beçi called the formalization of the connection between two different issues "scandalous".

"Yesterday, Parliament formalized the connection between the two issues and this is scandalous. They are not related. Neither in jurisprudence, nor in substance, nor in form."

According to him, the Assembly has no competence to evaluate evidence or prejudge court decisions.

"The only body that evaluates evidence and determines a person's guilt or innocence is the court."

In conclusion, the former prosecutor raised a fundamental question about justice reform and the trust of politics in the system that, according to him, it itself has built.

"The moment immunity is requested for one of your members and you do not grant it, at a minimum you show a lack of faith in the justice system you have built yourself and at a maximum you hinder the work and normal progress of an objective investigation."


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