Former Minister of Health, Ilir Beqaj, has addressed an open letter to the members of the Constitutional Court, strongly contesting the recent decision not to change his security measure and leave him in prison. In a communication that combines technical legal analysis with political notes, Beqaj accuses the court of bias and "sanitization" of reasoning, while comparing his situation to world leaders.
"Personality bias": References to Trump and Netanyahu
Beqaj has attacked the Court's reasoning that his previous criminal proceedings negatively affect the assessment of his personality. He considers this a blow to the presumption of innocence, citing as examples international leaders who have continued their careers despite investigations.
"Benjamin Netanyahu has criminal proceedings, but continues to be the prime minister of Israel. Silvio Berlusconi had several criminal proceedings and was the prime minister of Italy. Donald Trump was under criminal proceedings in the presidential campaign, but was elected president of the USA," Beqaj states in his letter, adding that: "The number of criminal proceedings in polarized political environments cannot be mechanically used as a negative indicator of the individual's personality."
The Battle for "EU Law": Criminal Prosecution or "Indirect Enforcement"?
Beyond political comparisons, the former minister dwells on the legal basis on which the accusation was raised, questioning whether European Union regulations can serve as a basis for criminal conviction in Albania. He calls the argument of ordinary courts for the application of foreign legislation "absurd."
"What does it mean... 'indirect implementation of European Union legislation is a reality...' in a criminal trial in Albania? Are you aware of what you are legitimizing? Is criminal prosecution for indirect non-implementation of any type of legislation constitutional? Is EU legislation a source of criminal law in Albania?" asks Beqaj, accusing the Constitutional Court of having allowed "criminal prosecution without law."
They should not be investigated by SPAK, "I am not a special subject"
A key point of his argument relates to the jurisdiction of SPAK and the Special Court. Beqaj claims that his position as Director of SASPAC does not automatically make him a "senior official" who should be tried by these structures, requesting that the Constitutional Court set limits.
"Is the general director of an agency subordinate to the Prime Minister subject to Article 135, point 2, of the Constitution...? You must put a stop once and for all to the illegal criminal prosecutions that SPAK initiates against non-specific subjects," he declares firmly, adding that even the first-instance GJKKO has not found him to be subject to Article 260 of the Criminal Code.
At the end of the letter, the former minister describes the Constitutional Court's decision as "another link in the chain of institutional injustice", warning that he will continue this battle at the European Court of Human Rights in Strasbourg.
