Xhevahir Zhabina
The rhetoric of one of the key figures in the January 21 tragedy has shifted over the years. Lulzim Basha, while leading the opposition, used to denounce the investigations conducted by the old justice system as fabrications. However, he now views the recent reopening of the investigations by SPAK as an opportunity to uncover the truth. Following the mandatory decision of the High Court, SPAK is currently investigating the murder of Aleks Nika and the injuries sustained by several individuals 13 years ago. In addition to examining the actions of the Republican Guard, SPAK is also looking into the conduct of the politically implicated individuals.
Change in Rhetoric
‘Fabrications and outdated accusations by the architects of violence against institutions, and those who have now criminalized the institutions’ — this was Lulzim Basha’s statement on April 10, 2015, the day the Ministry of Internal Affairs at that time filed a complaint regarding the January 21 events.
After 9 years, on July 16, 2024, now only serving as a member of the Albanian Parliament, he remarked:
‘Investigate everything, completely impartially and professionally. This has been my message over these 13 years, and it remains my message. Naturally, in support of this message, I have been and remain available for any act of justice to fully clarify and deliver complete justice for January 21.’ — Lulzim Basha, MP.
There is evidently no criticism in his statement, as he expresses support for SPAK, which decided to reopen the investigations into the case following the mandatory decision of the High Court.
13 years of politics and back-and-forth with the case
During the investigations following the incident, the Tirana Prosecutor’s Office managed to clarify two of the four murders that occurred on January 21st. Agim Llupo, a member of the guard, was convicted for the execution of Ziver Veizi, while the former head of the guard, Ndrea Prendi, was sentenced to 1 year in prison for the murder of Faik Myrtaj. The court rejected the prosecution’s charge of intentional murder, leading to only 4 years of imprisonment being handed out for the four murders on the boulevard. Due to the damage to the bullet that killed Aleks Nika, it was not possible to identify the weapon that fired it. Hekuran Deda was killed by a penetrating bullet, but the projectile was not recovered. After the Socialist Party came to power in 2013, complaints were periodically filed with the prosecutor’s office, but no new evidence was ever presented, leading to the case being used politically during certain moments or on anniversaries of this tragedy.
https://faktoje.al/21-janari-nuk-u-shpall-krim-shteteror-sic-premtoi-rama/
The Role of Basha and Berisha According to Complainants and the Lack of Investigation Beyond the Guards
The families of the January 21st victims have submitted a complaint to the Special Prosecution Office, demanding a reinvestigation of the case. They accuse former Prime Minister Sali Berisha, former Interior Minister Lulzim Basha, the former head of the Republican Guard Ndrea Prendi, and former guard Agim Llupo of functioning as a criminal organization to commit murders under aggravated circumstances against two or more individuals.
The Special Prosecution Office did not consider the complaint, transferring it instead to the Tirana Prosecutor’s Office. Their argument was that an investigation was already in progress there and that no high-ranking officials involved in illegal activities had been identified.
However, the Supreme Court argued otherwise in its decision, stating that the complaint clearly identifies the individuals involved and their positions, and that SPAK must investigate the claims brought forward by the victims’ families.
DECISION (https://faktoje.al/wp-content/uploads/2024/08/gjykata-e-larte.docx)
The court has indicated that it is crucial for the prosecution to extend its investigation beyond the direct perpetrators of the crime within the Republican Guard to include the command level. This is important because, over the past 13 years, there has been no effort to address the responsibilities of the political leaders at that time.
‘Not minimally confronted (simultaneously) with individualized evidence pointing to the involvement of the highest state officials, including the Prime Minister and the Interior Minister of the time, beyond what is available regarding the direct perpetrators to the prosecuting authority.’ – Supreme Court Decision.
Criticisms of Legal Violations by SPAK and the Two Special Courts
Arguing that the case was already being handled by the Tirana Prosecutor’s Office, SPAK’s head, Altin Dumani, chose to send the case to that office. Without carrying out any verification or investigative actions, the case was transferred to a regular prosecutor’s office just 8 days after the complaint was submitted.
‘The Special Prosecution Office states that there is an ongoing criminal case, and your complaint does not add anything new, so I am awaiting the Tirana Prosecutor’s Office’s findings. If it concludes that the murders were committed by the command chain due to abuse of their duties under special circumstances, then the case will be transferred to SPAK,’ says Eugen Beçi, former Prosecutor, to Faktoje.
The decision of SPAK was contested in the First Instance Court Against Corruption and Organized Crime by Rajmonda Nika, the widow of Aleks Nika, but the court upheld SPAK’s decision. The same decision was confirmed in the Special Appeal Court.
The Supreme Court is very critical in its judgment, stating that the two decisions are illegal.
‘The panel finds that the decisions of the two courts and the preliminary investigation judge are marred by illegality and improper application of procedural criminal law.’ – Supreme Court Decision.
‘The Supreme Court’s argument is valid because the Special Prosecution Office should have empirically reviewed the complaint from the victims’ families and conducted an investigation that could lead to charges or not,’ says Eugen Beçi, former Prosecutor.
Strasbourg: Incomplete Investigation by the Albanian Prosecutor’s Office
The Supreme Court also refers to the European Court of Human Rights’ decision, which found multiple shortcomings in the Albanian prosecution’s investigation into Aleks Nika’s murder. These shortcomings include unanswered questions about who ordered the shooting, who deleted the footage, and why the guards fired at the height of a person.
Strasbourg also noted that public statements made by high-ranking officials after the incident affected the investigation. At that time, former Prime Minister Sali Berisha stated that, based on preliminary data from experts and doctors, the protesters had been shot at close range with light weapons.
DECISION (https://faktoje.al/wp-content/uploads/2024/08/Ceshtja-Nika-kunder-Shqiperise.docx)
‘Public statements made hastily by high-ranking officials afterward, indicating that the victims were shot from close range with weapons different from those used by the Guard or police, raise doubts about whether the executive authorities were genuinely committed from the beginning to fully resolving these serious incidents and avoiding any inappropriate deviation or interference in the criminal investigation.’ – ECHR Decision.
The European Court of Human Rights also highlights a contentious issue from the past 13 years: the police’s failure to execute arrest warrants for the Republican Guard’s command chain.
‘Moreover, beyond the loss of valuable time, the authorities irreversibly forfeited the opportunity to question the suspects immediately after the event, thereby minimizing any chance for secret agreements or distortion of the truth.’ – ECHR Decision.
Outcome, SPAK Investigation Begins, not for all murders
On July 16, SPAK announced the initiation of an investigation following the Supreme Court’s mandatory ruling on the murder of Aleks Nika and the injuries to Artes Dybeli, Ilia Qesko, and Ilia Papa.
‘The other two murders, those of Ziver Veizi and Faik Myrta, which have been resolved by court decisions, cannot be re-examined under Albanian law. Re-examination in these cases is only possible to benefit the convicted,’ explained Eugen Beçi, former Prosecutor.
However, SPAK’s investigation is expected to be thorough, aiming to identify the weapon used in the killing of another protester, Hekuran Deda, an unresolved murder from this tragedy.
Conclusion
Based on the verifications conducted, the statement by Lulzim Basha, who described the January 21 investigations as defamatory, will be deemed false.
