“There would be no case if there had been no violation of the law,” Braho said, stressing that the prosecution has made its position clear and continued the investigation even after an earlier request was rejected.

Before MPs in the Laws Committee, Klodian Braho also stressed that any future decision will be based on the law and the evidence secured during the investigation, while also taking into account Parliament’s reasoning for rejecting the previous request.

Oerd Bylykbashi? Will there be another request to lift Balluku’s immunity?

Klodian Braho: There would be no case if there had been no violations of the law. There are two things I can say: you are clear about the prosecution’s position, and you are also clear about the way the prosecution continued the investigation after a request was not accepted, and the facts show that the Prosecution has done its job.

I cannot announce a decision in advance, the case is under investigation. I cannot say what the decision will be, whether there will be one or not. But what I guarantee you is that it will be a decision based on the law, on the evidence the investigation will secure, while also taking into account the reasons why Parliament decided to reject the request.

Braho also said that the absence of a security measure can harm an investigation, but stressed that it does not prevent SPAK from carrying out an independent investigation.

Braho also expressed his personal view that immunity for MPs or ministers should not exist at all.

“On the specific case, the prosecution’s position is public. As for the constitutional and legal situation, immunity prevents the imposition of a security measure, but it does not prevent the prosecution from conducting full and independent investigations. The absence of a measure can make a particular investigation more difficult and can even harm it, but we are not the institution that approves laws. We have this constitutional and legal framework and we are obliged to abide by it. If we were the party approving constitutional and legal changes, I personally believe there should be no immunity at all. But this is the legal and constitutional framework. The prosecution will engage with the legal means that fall within its competence,” Braho said in his remarks.

The post Belinda Balluku’s Immunity / Will There Be a Second Request for Arrest? Here’s How SPAK Chief Responded to MPs: There Are Violations of the Law, I Can’t Say What the Decision Will Be, But… appeared first on Albeu.com.

According to Braho, immunity prevents the imposition of security measures, but on the other hand it does not prevent the prosecution from conducting full and independent investigations.

Braho stressed that the absence of a security measure can complicate or even harm a particular investigation, but the prosecution is obliged to act within the current legal and constitutional framework.

“On the specific case, the prosecution’s position is public. As for the constitutional and legal situation, immunity prevents the imposition of a security measure, but it does not prevent the prosecution from conducting full and independent investigations. The absence of a measure can complicate a particular investigation, and can even harm it, but we are not the institution that approves laws. We have this constitutional and legal framework and we are obliged to comply with this constitutional and legal framework,” Braho said.

He also added that if he had a role in legal changes, he personally believes immunity should not exist at all.

“If we were the party approving constitutional and legal changes, I personally believe there should be no immunity at all. But this is the legal and constitutional framework. The prosecution will engage with those legal means that fall within its competence,” Braho said in his remarks.

The post Our position is public / SPAK chief Klodian Braho: The absence of a security measure harms an investigation, I think Balluku should not have immunity appeared first on Albeu.com.