Ilir Beqaj after release from pre-trial detention: The deadlines had expired, my rights were violated

Former Health Minister Ilir Beqaj has issued his first reaction after the Special Court against Corruption and Organized Crime (GJKKO) ordered his release from pre-trial detention and replaced the security measure with “house arrest.” Beqaj’s statement was made public through his lawyer, Ermal Yzeiraj.

Beqaj describes the end of his pre-trial detention as the termination of an unjustified measure. Referring to reports published a day earlier about his release from prison, he clarifies that he was not imprisoned for a single day in the legal sense, since that designation applies to a person convicted by a final court ruling.

According to the former minister, he spent 25 months in pre-trial detention as part of an investigation by the Special Prosecution Office (SPAK), and has held the status of defendant for 16 months.

Nevertheless, no sentence has been handed down against him so far, not even by the court of first instance.

He explains that the court determined yesterday that the continuation of his pre-trial detention was no longer supported by the provisions of criminal procedure. The deadlines stipulated by law had expired and, for this reason, the pre-trial detention order dated 03.07.2024 was no longer valid.

Beqaj adds that this conclusion was also accepted during the proceedings by the representative of the prosecution.

According to him, yesterday’s decision was preceded by another ruling issued by the preliminary hearing judge a few days earlier. The relevant reasoning found that the evidence and arguments presented by the prosecution were insufficient to continue the trial.

Beqaj claims that, specifically, the last 15 months of his pre-trial detention were unjust. He says he is being charged in his capacity as a senior official in violation of the Constitution, the Code of Criminal Procedure, the case law of the GJKKO and three court decisions issued specifically in his case.

In his statement, the former minister recalls that he served as health minister for three and a half years, while for two years he headed SASPAC as director general.

At present, three criminal proceedings are being conducted against him simultaneously by SPAK. According to Beqaj, the duration of the investigations, calculated together, amounts to 16 years, specifically 6.5 + 6.5 + 3. Despite this, he emphasizes that he has not yet received any sentence, including at the first-instance level.

He also states that throughout the investigations, not a single penny or cent has been discovered to prove an unlawful increase in his wealth resulting from actions or omissions connected to the state functions he has held.

After being placed under “house arrest,” Beqaj says he is happy to be close to his family. He says that, starting in September, he will be able to participate in the criminal proceedings without remaining in the security cage and will have the opportunity to use the electronic version of the investigation files.

According to him, these are rights arising from the European Convention, the Constitution and criminal procedural legislation, but which were unlawfully denied to him by the courts, the prosecution and the prison administration.

Beqaj calls on everyone who is able to continue the fight for these causes, as, in his words, they help guarantee due process and equality of arms.

In his statement, the former minister also mentions Dr. Berisha, saying that he had learned that the doctor had sent him his regards the previous day.

Beqaj says he will not respond to him now, as in the autumn he will give him the opportunity to speak even more when he appears as a witness in the proceedings concerning the concession for surgical instruments.

At the end of his message, Beqaj wishes everyone a pleasant holiday and announces that they will see each other again in September. Meanwhile, he remains under investigation by SPAK, while the new security measure requires him to remain at home until another decision by the judicial authorities.