They are released but risk being dragged out
Last night at 11:40, the four minority members come out of prison
Regarding the Omonia case - Cassation releases, Prosecutor’s Office objects
They are released but risk being dragged out
Last night at 11:40 p.m. the four minority members come out of prison
The Prosecutor’s Office blocked their release for 9 hours. Deputy Prosecutor General F. Dervishi tells KJ: “The Cassation ruling is not based on law. I will request a review for legality”
The second order cancels the first
The Omonia activists risked remaining handcuffed for another two months
Two minutes before the officials left, in the courtroom, the four were left in the medrese, seized because of a delayed decision by the chief magistrate. The Court of Cassation’s decision for the release of Olyfiasitë was being considered invalid for procedural reasons and should be overturned. Despite the decision of the Prosecutor General, which surprised even the lawyers in the case, at 6:40 p.m. a second order was issued for the release of the four minority members. The imprisonment of the four minority members in the first absence was thought to be a case in which the deputy prosecutor general was dragging out the execution of the high court’s decision. After 10:13 p.m. he told us that the reason had been legal uncertainty in the Office of the Deputy Prosecutor General. Dervishi, who with the second clarification of the Cassation Prosecutor had turned the decision into a rapid implementation.
The delayed news of their release spread like lightning. At first it was baptized as a political move and then, as something sensational, the Deputy Prosecutor General had taken it anxiously. The Court of Cassation’s decision is not based on the law and on several procedural grounds. The issue of non-implementation can be considered an error. A special report has been drawn up on this matter. Regarding it, I will request a review for legality,” he said.
Under Article 181 of the Criminal Procedure Code of the Republic of Albania, the court decision is enforceable immediately after it is announced. In the same spirit, point 4 of Article 468 states: “Upon receiving the acquittal decision, when the person is being held under arrest, the court orders their immediate release.”
Around 11:40 p.m. the matter was finally resolved. Two police cars brought them from pre-trial detention No. 313. The police had received orders to take them home and not allow contact with journalists. A few minutes after they entered the offices of the General Directorate of Police, the 4 young men, smartly dressed and smiling, came out. According to lawyer S. Mersini, the Court of Cassation’s decision freed them from prison until the end of the proceedings. Mr. Dervishi admitted that their case is not over. The Court of Cassation’s decision has only procedural character and does not put an end to it. They are only in another stage of investigation. You have the coverage in focus…
Coming out of the prison gate, last night at 11:40 p.m.
T.H. Bezhani embracing his son