Gërdeci / SPAK appeals the decision of the GJKKO not to try Fatmir Mediu
SPAK has today filed an appeal regarding the decision of the CCK not to retry Fatmir Mediu. The case against Fatmir Mediu is related to the explosion in 2008 in Gerdec, where 26 people lost their lives and over 300 others were injured. At that time the media was the Minister of Defense.
According to the GJKKO, the prosecution had all the means to investigate the former minister at that time, while the SPAK demands the return of the case, arguing that the former minister had immunity.
In an interview for VOA, right after the decision of GJKKO, the head of SPAK Arben Kraja warned that this issue will be addressed to the end.
More about the Gerdec trial:
The SPAK requested that the case be retried by the High Court, while the latter transferred the competencies to the GJKKO.
SPAK a few weeks ago requested that the case be retried, arguing that the prosecution's evidence was not taken into account. One of the families, who lost their 7-year-old son in the Gerdec tragedy, filed a request to prosecute Fatmir Mediu, who was Minister of Defense at the time of the explosion. Following the request of the Durdaj family, the SPAK concluded that there were legal grounds for reopening the trial by the High Court.
In 2009 Fatmir Mediu was taken as a defendant by the General Prosecutor's Office and the case against him went to the High Court for a trial on the charge of "Abuse of Duty", according to the Military Criminal Code.
But in the same year 2009 the Criminal College of the High Court decided to terminate the criminal proceedings against the defendant Fatmir Mediu, on the grounds that the criminal prosecution against him could not continue due to parliamentary immunity.
With the constitutional amendments of 2017, the Special Prosecution considers that the criminal prosecution for the criminal case against Fatmir Mediu has no obstacles to continue: The obstacle of the authorization for proceedings was temporary at the moment when the case was dismissed, while now this obstacle does not exist.