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After 8 months in prison, Meta's lawyer submits a request to the Criminal Court to replace the security measure
The President of the Liberal Party, Ilir Meta, who has been in prison since October 21, 2024, is seeking release from prison. His lawyer, Kujtim Cakrani, has filed a request with the Criminal Court of Kosovo (GJKKO) for the replacement of the security measure against Ilir Meta.
" Verification of the conditions of the personal security measure of arrest in prison for citizen Ilir Metaj, accused of the criminal offenses of "Passive corruption of persons exercising public functions" "Forgery of seals, stamps or forms" and Laundering the proceeds of a criminal offense"
"Replacing the personal security measure of arrest with imprisonment, in a measure other than those provided for by the Criminal Procedure Code," the document states.
The lawyer argues that: " During this entire 8-month period of investigation under the coercive measure of imprisonment, the applicant citizen Ilir Metaj has been at the disposal of the prosecution as he has been before, he has calmly waited to be questioned and to provide explanations about the investigations, but also to conduct confrontations in order to shed light on the events or cases that the prosecution considers criminal.
No action by the prosecution. Which proves that the purpose of his arrest was completely different and not for what the prosecution claims. In judicial practice, it has already become a norm that when the defendant requests the replacement of security measures, he is asked for reasons or evidence if he justifies the request! Undoubtedly, we have the strongest evidence to present to the court, that of being the president of the second opposition party, the Freedom Party.
The retention of a former president, former prime minister, former speaker of the parliament, and finally the number two of the opposition, in the personal security measure of arrest in prison is sufficient evidence for the court to decide to replace the personal security measure from arrest to prison with another measure provided for by the criminal procedural law.
In the practice and jurisprudence of the European Court of Human Rights, arresting politicians, especially opposition politicians, and holding them in this measure for a long time for criminal offenses that are thought to have been committed in the past is disproportionate, thus giving a clear message to the courts of the countries to turn it into decision-making practice. The Gëllci v. Albania case is the precedent that the Special Court should have as a precedent to accept the request for the replacement of the security measure. Article 5 of the European Convention on Human Rights clarifies this procedural moment, thus avoiding doubts.”
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