Polaska: Tirana concerned over legal violations for the arrest of Besnik Berisha

But now that he has seen the court's decision, Pallaska has expressed concern over the legal and constitutional violations that have been made for Berisha's arrest.

He has said Besnik Berisha has been deprived of freedom without court ruling.

On the other hand, he has counted some of the violations that were made in the case of lawyer Berisha.

Full Posting:

In the absence of information, I have refrained from commenting on the detention case of colleague Besnik Berisha.
For the same reason, I have tried to resist the first impressions of the possible motives of this event that have been widely commented on in public.

Now that the court ruling has been publicised, I am deeply concerned about legal/unconstitutional violations that seem to have accompanied his arrest.

First, it seems that Faithful has been deprived of freedom without court ruling.
This act is a violation of Article 3350) of the Law on Lawyers, which specifically stipulates that the lawyer cannot be deprived of freedom for actions related to professional exercise P A V - Yeah.

This legal provision is extremely important because it protects lawyers from illegal arbitration in cases when it aims to personalise their professional work in protecting their clients' rights and legal interests.

Recognising the possibility of misusing the decision to arrest and stop for 48 hours, the Law on Lawyers requires the court's decision to deprive the lawyer of freedom in these cases. Without such legal protection from arbitraristity, it is impossible to practice the lawyer's profession literally.

Second, it's extremely distressing that the decision that Faithful has been barred from approaching the country or the designated person is “reasoned with”, among other things, his commitment in other cases as a lawyer and the fact that being a lawyer he can repeat criminal acts charged or similar.

Aprincipal criminalisation of the lawyer's work and the one without detailed and convincing reasoning can only be pre-emptive to prevent the lawyer as a free profession.

The best indicator for the role of lawyers in free and democratic society is the fact that the lawyer's profession does not exist only in totalitarian/dictatorial systems. Anyone interested in what society without lawyers look like may ask survivors of Enver Hoxha's regime where the lawyer's profession was banned.
This doesn't mean lawyers are on the law.

Like any citizen of the country, lawyers must respond whenever they break the law. But this must be done in accordance with the law. And this law, among other things, envisions a special procedure in cases of being deprived of attorneys' freedom because their daily work for and on behalf of the law exposes them/o to certain personal risks that are not present in other cases.
In the end, but not in importance, I hope this issue will have adequate professional treatment in the high judicial instances where the above legal violations should be addressed despite refusing to demand detention.