Criminal Court replies to Xhaferi: If you made a decision, we would have taken action

Your statements that the court will be held responsible for postponing the proceedings are unacceptable, as it cannot arbitrarily, and contrary to the law, determine any security measures unless the conditions are met, reacted the Criminal Court yesterday concerning the (non)decision of the Parliament to stripe two MPs of their MP immunity.

– If the Prosecution submits a new proposal due to new or changed circumstances, the court will immediately address the Parliament and if a decision from the Parliament is received in a timely manner, it will immediately act, the court noted, adding that the court cannot act upon the proposal for determining the detention measure without a prior positive statement of the Assembly regarding the immunity.

Regarding the statement by the President of the Assembly that “the court will be responsible for the possible escape of the suspects and that it should ensure the presence of all suspects and defendants in the proceedings”, the Criminal Court clarifies that in our country an accusatory system of criminal prosecution according to which the prosecutor’s office is an authorized proposer of the measures for securing the defendants’ presence, and the court decides if conditions are created for this, which for this case a condition would be stripped immunity.

– As the public has already been informed, when proposals were submitted for ordering detention for Lj.D. and T.V., who are protected by their MP immunity, the court immediately addressed the Parliament with a request to stripe them of their immunity, read the statement.
The Criminal Court said that it was the first time for the Parliament, which is competent to decide on immunity in a legally determined deadline, to not make decisions, thereby preventing the court from deciding on the detention of MPs.