Court releases arguments for acquittals. Judges say they believe that at least two of the protesters were killed by the accused Guard of the Republic officers, but there is not enough evidence to convict them under murder charges.
TIRANA, Feb. 13 – A Tirana court has revealed the reasoning behind its decision to acquit two senior Republic Guard officers accused of killing three opposition protesters during violent protests of January 21, 2011.
The three-judge panel argues it believe that at least two of the protesters were killed by the accused officers, Ndrea Prendi and Agim Llupo, but there is not enough evidence to convict them under murder charges. They say they accept the evidence that the victims were shot by the weapons of the two officers, but murder charges could not be proven as they were performing their duties and were protecting themselves and their colleagues.
The prosecution had argued the killings had been intentional, but the court found that there was no evidence to prove it. It added prosecutors had failed “to ascertain the circumstances in which the defendants committed the shootings,” adding special circumstances applied.
“Lack of evidence and a complete and comprehensive investigation in this area make it impossible for the court to be satisfied beyond reasonable doubt whether we are dealing with any criminal offense in these actions,” the panel noted in its decision.
Court accuses U.S. of
interfering in trial
The same court also issued a statement, which accused the United States of “interference” in the trial of two senior police officers acquitted this week on murder charges over the 2011 death of four anti-government protesters.
The three judges cleared the suspects after considering evidence gathered with the assistance of U.S. forensic experts. The U.S. Embassy in Tirana expressed dismay over the verdict.
In a statement Fridaylast week, a day after they issued the verdict of the Jan. 21 trial, the judges accused the American embassy in Tirana of “prejudging a fair, legal, and impartial process.”
U.S.: No foundations to the charge
U.S. Ambassador Alexander Arvizu replied in a statement that the “charge is simply without foundation.” He added that American involvement in the case followed a request from Albanian authorities.
The ambassador said in a statement that “We are dismayed by the decision of theTirana District Court to acquit the two defendants who stood trial on chargesrelated to the deaths of three civilian protesters on January 21, 2011.
He said thatthe United States, as a friend and supporter of the Albanian people, responded to an urgent request by the Government of Albania and the Office of the Prosecutor General for assistance in investigating the killings. The United States provided extensive assistance, including expertise from the world-class Federal Bureau of Investigation Crime Lab.
He also made it clear that “the United States has repeatedly and consistently called for a thorough, comprehensive and objective investigation and judicial process.”
“Regrettably, today’s verdict has undermined confidence in the ability and willingness of the Albanian judicial system to deliver justice in an impartial, transparent manner,” he said.
A day later he repeated that theUnited States expressed their regret for the verdict which covered only one part of the total investigation, where they were also involved. “The United States made very clear that the best way to address that terrible tragedy was an investigation into what caused that event. We stressed the importance of that investigation being credible.”
Arvizu insisted that “the investigation to be credible it needed to address several elements: that is who organized it, the actual conduct of the demonstrators, and the conduct of the Republic Guard at the end. That has always been our position and that has never changed.”
Others jump in the debate
The statement sparked a series of counter-reactions from different officials of the governing Democratic Party.
Justice Minister Eduard Halimi said that no one should comment on the judges’ verdict. Another top official of the High Council of Justice repeated the same thing, in anattempt to defend the judges.
On the other side, OSCE Ambassador Eugen Wollfarth was more diplomatic, but still harsh and direct.
“The courts have to rule based on the law, but my first feelings go with the families of the victims. And based on the rule of law, I would also highlight that impunity, when there are dead people in the streets, is certainly something questionable. We have to see what the reasoning will be for the court’s decision and there is also the legal possibility of appealing that decision, I understand. So, we will have a close eye on the developments,” he said.
