‘Force of Law’ Sued at C. Court for Unconstitutional Action
Force of Law Operation (OFL), launched two years ago and terminated in March 2021, has ended up in the Constitutional Court, after it was denounced as for its an action as unconstitutional.
Under Constitutional Court’s microscope is expected to go through the Normative act no. 1, dated January 31, 2020 "on preventive measures in the framework of strengthening the fight against terrorism, organized crime, serious crime and consolidation of public order and security."
However, it was the subject of OFL, Edlir Hysenaj, who claims that a vehicle was seized from him within OFL, only after his brother is listed for drugs in Germany.
Meanwhile, the Council of Ministers requested the postponement of the session, in order to get acquainted with the documents.
Full announcement below:
- Normative act no. 1 dated 31.01.2020 "On preventive measures in the fight against terrorism, organized crime, serious crime and consolidation of public order and security" is clearly contrary to the Constitution and therefore should not have been implemented by the court, even the court should suspend the trial and exercise incidental control over this act.
- The normative act was issued not in accordance with Article 101 of the Constitution, being proposed by the Minister of Interior and the Minister of Justice.
- The normative act is unconstitutional also because it has not emerged in the conditions of a legal vacuum that would justify the filling emergency.
- The act is unconstitutional and refers to the dichotomy between the criminal sanction and the process of its allegedly procedural-civil nature.
- This normative act violates the legal security of the citizen Edlir Hysenaj and the right to a regular legal process, as his income has been assessed as legal by the body that has the competence to verify the property of this citizen. The principle "ne bis in dem", impunity without evidence, presumption of innocence, accusatory burden, equality of the parties have been violated.
- It was also alleged that the property of the subject and his family was investigated once for the criminal offense "Laundering the proceeds of crime or criminal activity" and the court decided to terminate the criminal proceedings.
- The defense has also claimed the lack of jurisdiction of the special court, claiming that the jurisdiction regarding this case belongs to the Prosecution of the Durrës Judicial District, as the prosecution that should conduct a property investigation due to the criminal offense for which Edlir Hysenaj was convicted .
- The vehicle that has been seized is proven with the legal income obtained from the subject. Also, this vehicle, referring to the purchase price, year of production and the fact that it is in vital use of his father, Myfit Hysenaj, is an item that can not be sequestered referring to article 529/8 of the Code of Civil Procedure.