The Prosecutors' Association reacts to the statements of MP Taulant Balla about prosecutor Arbër Berexha, who demanded the release of the protesters, arguing that the arrests were illegal.
According to the association, Balla's declarations violate the prosecutor's independence.
"Allusions to the prosecutor's political connections, linked to a specific decision-making, risk violating his independence, the respect of which is a constitutional obligation and a requirement of the rule of law."
Prosecutors' decision-making must be based on facts and evidence administered, according to the requirements of the law, without political pressure or influence.
"In principle, any decision of the prosecutor's office may be subject to criticism, including public criticism. The independence of prosecutors does not constitute an exemption from accountability. However, the claim of political connections, without presenting concrete facts in support of it, shifts the debate from legal reasoning to the personal and professional discrediting of the magistrate," the Association announced.
"When such a claim is accompanied by public calls for the intervention of the High Inspector of Justice due to this decision-making, the risk of exerting pressure on the prosecutor and on his further decision-making is created," the Association emphasizes.
The Association further emphasizes that when arrests are illegal, the prosecutor orders the person's release.
"When the prosecutor's orders for immediate release, when arrests are found to have been carried out in violation of the law, do not constitute decisions to dismiss the case. These orders have as their object the legality of the deprivation of liberty and do not definitively resolve the issue of criminal liability."
"Any claim of professional or ethical violations may be submitted to the competent authorities, including the High Inspector of Justice, and must be examined on the facts, according to legal procedure. At the same time, the bodies that verify these claims must also exercise their activity independently, without political pressure," the reaction concludes.
