Fiks Fare / Albanian justice does not “recognize” the Italian Constitution, after Fiks’s interest the “forgotten” is released in the cell!

A 29-year-old man was sentenced to 6 years and 8 months in prison by the Court of Appeal of Milan, Italy. This decision was executed in the Albanian state and since 2017 the citizen was in prison. But, in 2018, the Italian Constitutional Court reduced his sentence, from 6 years and 8 months in prison to 5 months and 3 months in prison. The decision of the Italian Constitutional Court arrived in Albania in 2020 at the Ministry of Justice and then at the General Prosecutor’s Office, the Kavaja Prosecutor’s Office and the Rrogozhina Prison. In 2020, the Kavaja Prosecutor’s Office tried to “recognize” this decision in court, but failed on the grounds that “the request was not made properly.”

The prosecutor “forgot” to correct the mistake or appeal it, after she was transferred to the Durrës Prosecutor’s Office. And, during this time, the court and the prosecution have rejected the defense requests for expiration of the measure. Currently, with the reduction of the sentence, the citizen should have been released from prison at the beginning of December 2021.

Vasil Kita complained to the editorial office of Fiks Fare. “My son was sentenced in Italy to 6 years and 8 months in prison. For that mistake he was arrested in Albania where he worked. He has been in prison since 2017, where he was initially sentenced by a court in Kavaja in Italy. But the case continued in Italy and the Italian Constitutional Court decided to reduce his sentence to 5 years and 3 months in prison. This decision came to Albania in 2020 at the Ministry of Justice and the General Prosecutor’s Office and Kavaja. But they do not know him. They bring out all kinds of reasons, the first prosecutor did not forget. No she did not appeal. I do not want anyone to blame, I want the boy to get out of jail. He has also benefited from some sentence reductions and should have come out in early December if his reduction in Italy had been recognized. No one releases him. We followed him in all these institutions and the last hope is Fiks Fare “said Vasili.

In the decisions provided by Fiks Fare, it results that in 2018 the Court of Kavaja has taken a decision for “recognition of a foreign criminal decision” given by the judge for preliminary investigations at the Court of Milan, which became final on March 24, 2017 , by which the citizen Xhaferr Kita was sentenced to 6 years and 8 months in prison ”. Decision left in force by the Court of Appeals.

Meanwhile, on May 22, 2020, a document with protocol number 988/1 went to the Kavaja Prosecutor’s Office, with the case “on the recognition of the Italian criminal decision against the Albanian citizen Xhaferr Kita”. This document states that “we forward to you the letter of the Ministry of Justice, through which it transmitted the notification and the acts of the Italian authorities for the redefinition of the sentence”. Inside this document, the Ministry of Justice has forwarded to the Kavaja Prosecutor’s Office the decision of the Italian Constitutional Court, which has decided: the sentence of the Albanian citizen Xhaferr Kita of 5 years, 3 months and 3 days. So, from 6 years and 8 months in prison, the sentence has gone to 5 years, 3 months and 3 days in prison.

The Kavaja Prosecutor’s Office tried to execute the decision of the Constitutional Court in court. But, the Court of Kavaja rejected the request of the prosecutor Edina Kurti, with the reasoning that “it was not done in the right way”. The prosecutor was wrong with the request, because instead of reviewing the 2018 decision of the Kavaja Court, she requested the recognition of the decision of the Constitutional Court. The decision of the Court of Kavaja states that “a possible tool to be used in this case is the review of the decision of the Court of Kavaja”. But, after this decision, prosecutor Kurti “forgot” to appeal this decision and to correct the object of the request. She was even transferred to the Durrës Prosecutor’s Office and the 29-year-old’s file was archived. According to a document issued by Rrogozhina Prison, for the progress of the sentence, from the moment of arrest, reduction of sentence, or redefining the sentence by the Italian Constitutional Court, it turns out that the sentence against Mr. Xhaferr Kita had ended in early December.

After the complaint and the documents, the journalists of Fiks Fare went to the Kavaja Prosecutor’s Office, where they met the director Durim Bedini. The latter addresses the journalists to the prosecutor Gëzim Çopa. Prosecutor Çopa says that he is not aware of the 2018 decision of the Kavaja Court that overturned it, while he says that the decision is already final and that the Kavaja Prosecutor’s Office can not request a review of the decision. He admits that a mistake was made by the previous prosecutor, Edina Kurti, as she did not appeal and did not re-apply to the court.
But, immediately after the interest of Fiks Fare, the Prosecution of Kavaja urgently requested in the Court of this district to review the decision. This court, within the same day, appointed the judge by lot, accepted the request of the prosecution to review the decision and ordered the release of the prisoner. Again on the same day, the Prosecution issued the execution order for the release of the prisoner and Xhaferr Kita is already close to his family. “I thank Fiks Fare for the help. “What the institutions of justice did, Fiksi did within a few days” concluded the denouncer Vasil Kita.

KAVAJA PROSECUTOR’S OFFICE

Chief Prosecutor of Kavaja – Durim Bedini!
Journalist – How were you, how are you?
Chief Prosecutor Kavaja – Well, why did you try?
Journalist – For this person, Xhaferr Kita. We have a complaint from Xhaferri. This decision of the Court of Milan has not been reflected in the decision, or is not being implemented by the Kavaja Prosecutor’s Office.
Prosecutor Gëzim Çopa – That as you say there is no possibility, it does not happen! To give an answer exactly I have to collect the file, it was not me the prosecutor of the case. You need to tell me what you want to keep track of…
Journalist – I request this new decision of the Italian Constitutional Court…
Chief Prosecutor of Kavaja – of the Italian Constitutional Court, whose sentence has been reduced, why it is not being implemented by us!
Journalist – Why is not being implemented by the prosecution ?!
Prosecutor Gëzim Çopa – But where is this decision?
Journalist – Here he is!
Prosecutor Gëzim Çopa – This is the decision here!
Journalists – Yes. Now, the decision has come in 2016-2017.
Prosecutor Gëzim Çopa – Of a foreign court.
Journalist – Foreigner, yes. To know. This decision has been given.
Prosecutor Gëzim Çopa – Recognition of a foreign criminal decision.
Journalists – Yes. So far so good, so good. The decision is known for 6 years…
Prosecutor Gëzim Çopa – And the Court of Appeals has decided to leave this decision in force.
Journalist – This has become final.
Prosecutor Gëzim Çopa – Has been executed.
Journalist – Now, this one has been executed and the slave is in jail, we agree. Now, what happened ?! Now, during this time, in Italy this case has been made, it has gone to the Constitutional Court.
Chief Prosecutor of Kavaja – Has gone to the Constitutional Court.
Journalist – And a reduction of the sentence has been taken.
Prosecutor Gëzim Çopa – There or here?
Journalist – There! For 1 year and 4 months. The Italian Constitutional Court has taken a decision that it has brought by letter in 2020, through the General Prosecutor’s Office, the Kavaja Prosecutor’s Office and the Prison.
Prosecutor Gëzim Çopa – risë the Ministry of Justice, through which he transmitted the notifications and acts of the Italian authorities on the determination of the measure of punishment against the subjects and their communication.
Chief Prosecutor Kavaja – Patience says here, I have no idea!
Journalist – What happened after that? The Kavaja Prosecutor’s Office has requested the recognition of the foreign criminal decision, pursuant to…
Chief Prosecutor Kavaja – After the arrival of this?
Journalist – After the arrival of this.
Chief Prosecutor Kavaja – Is this a court decision ?!
Journalist – And look what he says; recognition of a foreign criminal decision, pursuant to the sentence…
Chief Prosecutor Kavaja – Pursuant to these documents?
Journalist – Yes, of these documents,… the court finds that the tool chosen by the Kavaja Judicial District Prosecutor’s Office is not appropriate for the above reasons. The Court considers that an appropriate tool for the specific case may be the review of the decision that has realized the recognition of the foreign criminal decision. It is a review of this decision.
Prosecutor Gëzim Çopa – And the court says no, that I am overthrowing him.
Journalist – The court says it should be reviewed! Review this the court says.
Prosecutor Gëzim Çopa – It is a decision that has become final.
Journalist – Well, review that there is other data, the Italian court…
Prosecutor Gëzim Çopa – Well, the prosecutor who was there should have appealed the decision on appeal.
Journalist – It is not done, you have not done it.
Prosecutor Gëzim Çopa – We did not do it, it is not divided. We did not do it, because there is no cooperative. Each prosecutor has his own file. Prosecutor Edina Kurti should have continued, had made the appeal.
Chief Prosecutor Kavaja – How is it going now, for example?
Prosecutor Gëzim Çopa – I should have known this, to come to the fact that a mistake was made…
Chief Prosecutor Kavaja – Is this currently on trial?
Journalist – Yes, he is on trial, the party has done it. The party should not do it, the Kavaja Prosecutor’s Office should do it.
Prosecutor Gëzim Çopa – Kavaja Prosecutor’s Office has the name of prosecutor. The prosecutor who had the case assessed the one who should not file a complaint. The prosecutor should have filed the complaint, he did not file the complaint. The decision has become final.
Journalist – Whether this decision taken by the Constitutional Court will be reduced
Prosecutor Gëzim Çopa – Given by the Italian Constitutional Court.
Journalist – Yes. That this has come to you, has not come to the party.
Prosecutor Gëzim Çopa – Do not hurry, because what has come from there from the General Prosecutor’s Office has been set in motion, here you have the court decision.
The other prosecutor – It’s for another thing.
Prosecutor Gëzim Çopa – Now I should not say the name of the prosecutor, the prosecutor who had it when the court told him to make a request for review of the decision…
Chief Prosecutor Kavaja – Now, despite this…
Journalist – Can another request for a review be made?
Prosecutor Gëzim Çopa – Yes.
Journalist – From the calculations we made, and the measure there in prison, it was almost 25 days that he had passed the deadline.
Prosecutor Gëzim Çopa – Well, if he had been known, he would not have been known! I should not go into why the judge gave this. Because if it was… who made the mistake, what matters is who made the mistake!
Journalist – Why not do the Kavaja Prosecutor’s Office, let the party do it.
Prosecutor Gëzim Çopa – Which Kavaja Prosecutor, that the Kavaja Prosecution is abstract.
Journalist – As an abstract, there are leaders, there are prosecutors…
Chief Prosecutor Kavaja – Here we are, there are 3 of us. From 7, 3 we are now! Patience has recognized the first foreign criminal decision.
Journalist – I agree.
Chief Prosecutor Kavaja – I am Durimi (Chief Prosecutor Kavaja).
Prosecutor Gëzim Çopa – Prosecutor Edina Kurti knew this, she is in Durrës Now!