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The decision is clarified: Who are the two members of the Constitutional Court who were in favor of Beler's release

2024-05-16 18:10:16Politikë SHKRUAR NGA REDAKSIA VOX
The decision is clarified: Who are the two members of the Constitutional Court
constitutional Court

The majority decides and the decision of the Constitutional Court is indisputable, but the one of March 21 for Fredi Beleri also has a minority opinion with two members who were in favor of the release of Alfred Beleri from the prison cells. They have not been able to change the position of the majority, which confirmed the "prison arrest" measure against the elected mayor of Himara, but Marsida Xhaferrllari and Sonila Bejtja have assessed this security measure as not appropriate. The position of the two judges in the 9-member body of the Constitutional Court, comes to light in the reasoned decision against Beler, provided by A2 CNN. In the divulged verdict, the members of the minority reason that the Constitutional Court should assess the case not only in the circumstances of the criminal proceedings against Beler, but also the constitutional function that he was expected to exercise.

"The constitutional criteria for the control of the case should have been identified especially from the perspective of the requirements for the proper functioning of the Himar Municipality, where the petitioner is expected to take the position of the mayor, an institution that is part of the democratic constitutional system of the country. It is a fact that due to the limitation of the petitioner's personal freedom, even today the Himarë Municipality is still without a mayor, bringing in this way a deficit of democratic legitimacy, i.e. a distortion of the will of the citizens who voted", it is stated in the decision of the Constitutional Court. published by A2 CNN.

According to Xhaferrlari e Bejtje, their seven colleagues in the majority have kept in mind only the assessment of the constitutional criteria related to Beler's personal freedom and not his constitutional right to be elected.

"Without questioning the public interest in the progress of criminal proceedings, especially those related to issues of electoral corruption, we reiterate that in the concrete case, not only the personal freedom of the applicant, but also the right to be elected and the quality of democratic legitimacy in Himar Municipality".

Despite the arguments of the majority, the ordinary courts, according to the minority opinion in this constitutional decision, provided by A2 CNN, have not sufficiently analyzed the proportionality of the assignment of the measure of "prison arrest" to Alfred Beler.

"The appointment of the security measure of arrest in prison two days before the day of voting for the local elections and the continuation of this measure, which has actually prevented him from taking the office of the mayor, as a result of the presumption of corruption in the elections, should have been assessed arbitrarily due to the lack of sufficient procedural guarantees. Consequently, we estimate that the applicant's claim for the violation of personal freedom and the right to choose, in relation to the principle of proportionality, related to the standard of reasoning of the court decision, is well-founded".

In the constitutional court, Belerit, sentenced to 2 years in prison for "corruption in elections" by the Special Court, requested the annulment of the measure "arrest in prison", assigned to him by the three levels of the judiciary. On May 27, at 10:00 a.m., the Special Court of Appeal has scheduled the first hearing of the appeal made by him against this decision./A2


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