By Aleksandra Bogdani and Besar Likmeta
Early release of prison sentence for the former head of the Durres band, Lulzim Berisha was sealed on December 5 by the Court of Appeal after a series of controversial court-ruled relief decisions, reports describing him as “exemplary doomed” and a job guarantee offered by mayor Vangjush Dako.
In the decision of the Court of Appeal of Durres provided by BIRN, the judicial body headed by Arben Vrioni and with members Petrit Cenon and Anita Micin listed nine arguments in favor of the release of Lulzim Berisha, where the most important is the condition of serving a sentence of ¾ as defined in Article 64 of the Criminal Code. [Kiko here for the decision]
Arrested on 6 April 2006, Lulzim Berisha physically resided ten years and eight months in prison. However, in the decision of the Court of Appeal it is estimated that he has paid 18 years, 9 months and 22 days from his 25-year sentence, having benefited from 3 previous penalties, a fourth reduction from the 2012 amnesty and from the time long standing in detention.
In addition to the maths of prison days, Lulzim Berisha has persuaded the Durrës Court of Appeal that “the goal for its education and reintegration into society has been achieved”. For this trial, the trio of judges was based on the positive reports of the prison administration as well as a family characteristic issued by the Mayor of Durres, Vangjush Dako, on July 8, 2016.
“Durres Municipality, assessing the situation of this family, their behavior in the community, and the possibility of release of the convicts, guarantees the employment of the convicted Lulzim Berisha, unable to work in a private entity,” the paper Dakos in the release decision.
Subsequently, the judges argue that “positive is the fact that currently the applicant Lulzim Berisha has a guaranteed employment opportunity from the Municipality of Durrës”.
Dako did not respond to BIRN’s requests to comment on his guarantee for Lulzim Berisha. On this issue also refused to comment on the judges Arben Vrioni and Petrit Ceno.
Reduction of punishment
Following the frenzied arrest of 6 April 2006, the Serious Crimes Prosecution filed 10 charges against Lulzim Berisha, including the creation of a criminal organization and a series of murders and assassinations between 1998 and 1999.
On January 16, 2012, Lulzim Berisha was sentenced to life in prison by the First Instance Court of Serious Crimes for five murders and several assassinations, a decision which was also enforced by the Appeal.
However, a Supreme Court decision of 2014 downsized the maximum sentence and imposed 25 years in prison for the former head of the Durres band.
After escaping life imprisonment, Lulzim Berisha directed the Durres Court a stream of requests for a reduction of punishment during 2015-2016. In three separate decisions, Berisha benefited from a reduction of more than two years in prison, while a fourth decision amnored him for another 1 year and 6 months in prison due to the 2012 amnesty.
Another factor that has led to the reduction of his sentence is the length of the trial for years, where one day in a cell as a pre-detainee is estimated to be 1.5 days in prison.
BIRN analyzed all decisions of the Court of Durres and concluded that they were contradictory, legally disputed and overlapping in time.
More precisely, in September 2015, with the decision of Judge Shpëtime Pitaku, Berisha’s sentence for the period 2006-2015 decreased by 1 year and 11 months in prison.
Further, on April 19, 2016, with the decision of Judge Tritan Hamitaj, Lulzim Berisha won a 90-day penalty reduction for the period April 2015-April 2016, although the law provides that convicts in high security prisons can not benefit more than 45 days of punishment reduction in one year.
On 11 May this year, with the decision of Judge Fejzo Hysi, Berisha has benefited from the amnesty of 2012 for another one-and-a-half years of punishment, even though the amnesty law categorically denies this right for the sentenced to murder.
While on 1 December, Judge Eda Kaja has made another decision, cutting another 45 days in prison from the time of serving the sentence Lulzim Berisha.
The decisions taken by the judges Kaja and Hamitaj are in contradiction with each other for the measure of reduction of punishment and overlapping in time.
Lulzim Berisha has demanded conditional release in mid-2016, but the court of Durrës has dismissed on 28 July, arguing that he had not yet committed the ¾ of the sentence of 25 years, despite the benefits obtained until that time.
However, the Court of Appeals ruled on December 5 that this time was met after a 45-day reduction in the sentence given on December 1 by Judge Eda Kaja.
According to the court, in the estimates made on December 2, with the reductions gained by the last-instance decision of the first instance, Berisha had virtually suffered 18 years and 9 months of imprisonment and remained for 6 years 2 months and 22 days in prison, fulfilling the basic criterion of bail.
In the decision of release, the Durrës Court of Appeals orders Berisha for a period of 5 years to keep in touch with the Probation Service, undergoing a rehabilitation program and is precluded from committing another criminal offense.
The decision to release Lulzim Berisha caused fierce reactions in Tirana by majority and majority politicians as well as by US ambassador Donald Lu.
“On Wednesday, the infamous organized crime leader Lulzim Berisha was released from prison for unknown reasons. He suffered less than half the sentence of 25 years in prison, for six murders, drug trafficking and organized crime. Everyone should be indignant of this news and we must say to the corrupt courts that in a democracy this is unacceptable, “Ambassador Lu said.
