The Special Court ruling ends: Why the “key” Berisha at Home

The decision of the Special Court to measure <x0) house arrest” for former Prime Minister Sali Berisha has been made white.

Taking into account the post of investigating Sali Berisha as politician, Albanian Parliament MP, referred to opinion No. 18 (2015) The Consultative Council of European Judges, on the position of the judiciary and its connection to other state powers, was quoted as showing restraint and not taking advantage of their potential dominant position in state institutions to silence criticism, especially by using civil or criminal procedures against critics; these procedures inevitably have repetitive effects on the will of people and media to express views on public interest. Politicians must, in principle, maintain the trust of the people in democratic institutions and avoid using demagic arguments against court decisions, attack individual judges or encourage disobedience to judicial decisions...” Taking into account the post of investigating Sali Berisha as politician, Albanian Parliament MP, referred to opinion No. 18 (2015) The Consultative Council of European Judges, on the position of judiciary and its connection to other state powers, was quoted as showing restraint and not taking advantage of their dominant position in state institutions to silence criticism, especially by using civil or criminal procedures against critics; these procedures inevitably have retaliating effects on people's will and the media to express views on matters of public interest...Politicians should in principle preserve the trust of the democratic people, and avoid the use of arguments against cases of court, assaulting individual judges or disobedience...

J The EBJ has stressed that the increased protection from which benefits political speech in a democratic society also increases tasks and responsibilities. So, just as politicians inevitably and knowingly go out to examine their words and actions by journalists and the public in general, they must demonstrate a greater degree of tolerance. Politicians, using their right to freedom of expression, can often make public statements that are sensitive to criticism or are intent on being provocative and sparking strong reactions.

As of the above, the court understands to underline the differential between the position of investigating Sali Berisha, as Albanian Parliamentary MP (and in this framework and freedom of political expression) and his procedural position in this criminal process, as suspected of carrying out the criminal act envisioned by Article 260 and 25 of the Criminal Code.

During the trial proved to have been the very last one who has not deliberately observed the commandments of the court, thus failing to fulfill his obligations in carrying out this decision