Defendants in the Santiago Malko murder case seek an investigation by the High Inspectorate of Justice into the GJKKO Appeals Court ruling

The defense lawyers for those accused of murdering former police officer Santiago Malko have filed a complaint with the High Inspectorate of Justice over the way the case was reviewed by the GJKKO Appeals Court.

The complaint, filed by the lawyer representing Leonard Duka, Oltjon Loga, Fatmira Hyseni and the other defendants, alleges serious procedural violations, impairment of impartiality and the application of double standards during the trial of criminal proceeding No. 177/2019 by the Special Court of Appeals for Corruption and Organized Crime.

According to the defense, judges Saida Dollani, Iliriana Olldashi and Engert Pëllumbi had previously been members of the judicial panel in proceedings against other co-defendants in the same case, and had also expressed opinions on the procedural position of the current defendants.

The lawyers claim that judges Olldashi and Pëllumbi had previously acknowledged that grounds existed for their removal from the case and had submitted resignation requests.

Meanwhile, in another trial involving co-defendant Ilir Selmani, who was part of the same proceeding, Judge Dhimitër Lara ruled that the request for his recusal should be accepted and resigned for the same reasons.

The defense says that, although the circumstances were similar, in the current case Judge Daniela Shirka rejected the requests for recusal.

In addition, the requests for the resignation of two members of the judicial panel were not accepted by Deputy Chair Dhimiter Lara. According to the complainants, this constitutes treatment according to double standards.

The complaint also mentions the fact that the Supreme Court had previously identified problems with judges participating in earlier decision-making within the same proceeding, an issue on which it ordered the case to be returned for retrial.

The request addressed to the High Inspectorate of Justice calls for verification of the alleged violations and the adoption of appropriate measures to ensure a fair and impartial trial.

The next hearing, scheduled for this Tuesday, was postponed because the lawyers were absent. Meanwhile, SPAK has appealed the decision of the first-instance court, which acquitted Erlis Duka, Leonard Duka’s brother.