Fiks Fare scandal / 29-year-old mutilated in hospital, prosecutor agrees with author to release him from prison

At the moment when the 29-year-old victim was in the hospital in Turkey, where he was in danger of losing his other leg, the prosecutor made an agreement with the perpetrator that “if he pleads guilty, I will release him from prison”. But, in the documents, the prosecutor does not write in any line that the 29-year-old has been mutilated, he does not even interrogate him.

“In October 2021 I was near Qafë Gjashtës, off the road and I was loading some buckets of paint. A Mercedes Benz car comes and hits me and drags me 14 and a half meters. The police came, the ambulance. A relative came and tied my leg. Thanks to him I am alive, because my veins were cut. In Saranda, they give me fast treatment. Then in Tirana.

I had a lot of bleeding. Then I had pronounced infection. On October 21, 2021 we left for Turkey. I was told that one leg is missing and the other we hope to bring in condition. I did a lot of foot surgery. The surgeries have been from 14 and a half hours. “If you add up all the operations, there are 11 or 12 in Turkey alone, except what I did here,” said the 29-year-old.

He further claims that he fled to Turkey on a stretcher and came on a stretcher on December 31, 2021. “I am not able to get up. My parents serve me. I am with serums for this foot that I have correct. That the other has closed them. And that I know where the end of this leg is. Minimally I have other plastic surgery, besides the leg that is for prosthesis. I was in operations, I was risking my life, while he was calling my brother, what are we going to do with my brother (the author’s brother) “, the young man claims.

He further explains the confrontation with the Albanian justice. “Since I came to Albania, I do not know what has been done, I have been with the part of the medications. I am dealing with the leg to bring it at least 70 percent functional, that I will have a prosthesis on the other leg that is more swaying. And on January 18, 2022, a letter was sent by the Saranda Prosecutor’s Office, where the other party had closed it and all of a sudden, while I was not aware of this.

The prosecutor has kept only one party, the one that brought me to this situation, the author Luan Muçodemi. “The prosecutor did not take any evidence from me,” he said, adding that he saw in the prosecution documents that the perpetrator was 98 percent drunk. “The prosecutor stated that I had serious injuries, open flesh, damaged veins.

Yes he did not state that I lost one leg. He has been treated in Saranda, but he has no idea what has been done in Turkey. “I lost one leg, I have the other half crippled, no one will know,” says Arbijasi.

At the time when Arbijas came from Turkey, the prosecutor of Saranda, Ilir Hoxha, on January 18, 2022 made an agreement with the perpetrator of the accident. According to a document, the prosecutor cited an act of forensic expertise dated November 5, 2021, where it is not written that Arbijas was mutilated. He further writes that the cause of the accident is the violation of traffic rules, high speed and driving under the influence of alcohol.

But, he further writes that “in the case of giving a low measure of imprisonment, it is estimated that treatment programs for prisoners are not effective, and thus we will face a negative impact of imprisonment.” Prosecutor Hoxha has explained in dozens of pages that the danger of the perpetrator is low, while in the end he has made an agreement that “if he admits guilt”, he should be released immediately from prison.

And, he has sent this agreement for release from prison to the court, while in no line of this decision is the testimony of the victim. “The person should be free and I am crippled, it does not seem normal to me and from the prosecution this thing” claims Arbijasi, as he says that the prosecutor is called Ilir Hoxha, who did not call the injured party, not even my family members. “I do not know him at all, not even my parents know him. “Everything he did he did himself, without our knowledge,” he says.

After the denunciation, the family members of Arbijas meet the prosecutor Ilir Hoxha, in the premises of the Saranda Prosecutor’s Office. The prosecutor does not know them, as he tells them that “I am the prosecutor of the case”. Arbijas’s father tells the prosecutor that he has a boy with an amputated leg. The prosecutor tells him that only the card in the hospitals of Albania is in the file. But, he tells them that the charge against the detainee is serious injury. “Even if both legs are lost, even the upper limbs, it is still called a serious injury,” the prosecutor justifies.

The relatives asked him why Arbijas was not interrogated, while the prosecutor replied that “we did not evaluate Arbijas’s testimony”. He adds that “if he had died, he would have documented why he died.” The prosecutor tells the family members to talk about real things, while the family members answer that “yes, the leg that Arbijas lost, is not real ?!”.

Family members also ask him why he would release him and consider him not dangerous, when he was totally drunk and caused those consequences. The prosecutor responds that “I assess that his risk is low”. Family members ask him about the consequences, while the prosecutor answers that if you come with a fixed mind to do shows, but do not condition me, he says. In the end, the family members tell him that with these actions in support of the author, all that remains is for the cause of the accident to be declared an honorary citizen. The prosecutor responds that “it is decided by the municipality”.

Prosecutor Ilir Hoxha writes that the agreement with the author is provided by the Code of Criminal Procedure. But, in another provision of this Code, it is written that “the victim of the criminal offense has the right to request the criminal prosecution of the culprit. Even ask for information at any time, ask for evidence or expertise.

But, prosecutor Hoxha not only did not implement any of these points, but never questioned the victim and his family. New amendments to the Criminal Procedure Code make the victim in the same role as the prosecutor. It can even gather facts, request other acts of expertise. But, no defense claim has been considered.

The prosecutor does not even give them the file. “You made the request for the director and now he is no more, as a new director has been appointed,” prosecutor Hoxha justifies. The relatives go to the secretariat of the Saranda Prosecutor’s Office, where the chief secretary tells them that “the director has not arrived yet”. She admits that they have gone dozens of times, but could not get it.

“When I saw the case, it came as a bomb to me because this is a second murder. I left it to justice, but I see that justice has not taken anything from me here. I am a 29 year old boy for 30 years and I do not know what is done in between. I want the issue to be clarified, my right. To put things where they are, as they are and not to be overlooked “concludes Arbijasi.