On Wednesday, the Supreme Court in Albania did not make a decision on the issue that would resolve the impasse and clashes within the Democratic Party but decided to refer the case back to the Court of Appeals.

The Supreme Court in Albania decided to refer the issue of the emblem and logo of the Democratic Party back to retrial in the Court of Appeals.

The press release emphasizes that the Court of Appeals, with its decision in March of this year, “allowed procedural violations that make its decision questionable”.

In March 2023, the Court of Appeals decided to refer the case back for retrial at the first-instance court, regarding the internal conflict within the Democratic Party, legally acknowledging that the leadership structures of this party are those elected during the time when the political force was led by Lulzim Basha, who resigned in March of the previous year.

According to the Supreme Court, the Court of Appeals did not respond to the requests of the parties, while considering issues that the parties did not raise as claims on appeal and that do not constitute grounds for overturning the decision and sending the case for retrial.

For the Supreme Court, in the decision announced in March, the Court of Appeals should have provided a solution to the issue. Therefore, it was decided to “overturn the decision of the Court of Appeals and refer the case for retrial to the same court, with a different panel of judges”.

Sali Berisha stated that the Supreme Court “did not rise to the height of its mission to overturn the decision of the Appeals Court”. According to him, the decision of the first instance is currently in force, recognizing Berisha as the chairman of the Democratic Party.

The Democratic Party led by Lulzim Basha reacted to this decision, emphasizing that this issue will find the right legal solution without delays caused “by those undermining justice and others fearing the strengthening of the opposition”.

The unclear and unstable situation in the Democratic Party arose after March 21, 2022, when Lulzim Basha resigned as the chairman of the Democratic Party, and his position was taken by Enkelejd Alibeaj.

On March 25, 2022, the first-instance court in Tirana recognized as lawful the National Assembly convened by Berisha and all the decisions made by him. This decision was appealed by Enkelejd Alibeaj, the acting leader of the Democratic Party.

After the deep loss of the Democratic Party in the local elections on May 14, the acting chairman, Enkelejd Alibeaj, also resigned.

While awaiting the decision of the first-instance court, Sali Berisha called on his supporters to protest.

In his speech before the protesters, Berisha said that even the Supreme Court is a tool in the hands of Prime Minister Edi Rama, focusing more on investigations against him in the “Partizani” case than on the internal clashes within the Democratic Party regarding the emblem and logo.

“This is not Sali Berisha’s battle, although I am being unjustly imprisoned. This is a battle for the freedom of Albanians, for their dignity, or their subjugation,” said Berisha.

Numerous police forces were engaged around the building of the Supreme Court for the progress of the protest.

Berisha sat for a few minutes on the sidewalk in front of the High Court and then marched with his supporters towards the headquarters of the Democratic Party, or as known, the Re-establishment headquarters.

Today, the Special Court was expected to decide on the request of the Special Prosecutor’s Office of Albania (SPAK) for the arrest of Berisha for the “Partizani” case. The request specifies “house arrest”, that he should be guarded by the police, and communication with anyone other than those with whom he lives in his apartment on “Mustafa Matohiti” street in Tirana is prohibited.

However, the Special Court did not make a decision on SPAK’s request for Berisha’s arrest.

After several requests from his defense lawyers to access the file and to exclude Judge Irena Gjoka from the judging panel, the decision was postponed until Thursday, when the verdict will be announced.

In front of his supporters in the party headquarters he leads, Berisha said, “No one and nothing separates me from you”.

On December 21, the Parliament of Albania voted in favor of the request of the Special Prosecutor’s Office of Albania (SPAK) to lift the immunity of former Prime Minister Sali Berisha, paving the way for his arrest on suspicion of corruption.

What is Berisha accused of?

Berisha, 79, was accused in October of abusing his position by helping his son-in-law Jamarbër Malltezi buy land in Tirana, which was owned by citizens and the Ministry of Defense, and build 17 residential buildings on that land.

Berisha and Malltezi have denied the accusations, claiming that their case is driven by the ruling party of Prime Minister Edi Rama, the Socialist Party.

Since October, opposition Democratic Party deputies have repeatedly disrupted Parliament sessions to prevent, as they call it, the highly authoritarian rule of the Socialists.

Berisha served as Prime Minister of Albania from 2005 to 2013 and as President from 1992 to 1997.

In May 2021, the United States and in July 2022, the United Kingdom banned Berisha and his close family from traveling to these two countries due to suspicions of his involvement in corruption.