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Socialist Party defends Belinda Balluku: Inviolable immunity

Photo illustration/ Citizens.al

The Socialist majority started this Monday morning with a final stance against the request of the Special Prosecution Office (SPAK) to lift the immunity of former Deputy Prime Minister Belinda Balluku.

"As members of the majority in the Mandates Council, we conclude that there is no room for granting authorization," said Socialist Party MP Ulsi Manja, as he presented the report on SPAK's request.

According to Manja, it is true that in a state of law, the fight against corruption is a legitimate and necessary objective, but these objectives must be realized in accordance with the Constitution.

“We recommend to the plenary session to reject SPAK's request for authorization to deprive Balluk of his liberty,” said Manja, adding that from reviewing the accompanying materials "There is no necessity for imposing such a measure."

"This does not prevent SPAK from continuing its investigations," Manja emphasized.

In his speech as leader of the Socialists, Prime Minister Edi Rama tried to put the issue of Balluku into perspective. He argued that the former deputy prime minister has not been charged with theft, corruption or serious criminal offenses committed in flagrante delicto.

“[…] but only for the reasonable suspicion that, in her capacity as former minister […], she committed the criminal offense of inequality in public tenders, six years ago”, Rama said at the beginning of his speech, adding that the investigation is based on several messages found years later on the cell phone of a former director.

"How did I get a man behind bars so easily? Two people talked on the phone and this is new evidence that isn't even new," said the Prime Minister.

"When I think that he comes to the Assembly with this ease to demand the head of an elected official, after everything has been done to put his seven pashas not underground, but in the mud!", Rama added.

The socialist leader also described the public discourse towards Balluk as a "dog food in the 700 pots of political and media trial", which according to him was originally created with a "incomprehensible confusion" by the prosecutor and the preliminary hearing judge.

Rama again praised Balluk's figure, indicating that he will maintain her high political weight. He listed some of the infrastructure projects that, according to him, have been successfully implemented during Balluk's leadership, from roads to railway and air projects, while emphasizing that she will lead the Fier region in the local elections and will no longer have executive power.

Balluk's immunity and proof of the rule of law

The decision of the socialist majority to reject SPAK's request to lift the immunity of - now - MP Balluku is not just a decision within the framework of a parliamentary process.

It also constitutes a political and institutional test of how the rule of law functions in Albania and of the relationship between political power and that of justice.

SPAK has filed charges against the former Deputy Prime Minister, who also held the position of Minister of Infrastructure, for violations in public procurement procedures, related to the tenders for the Llogara tunnel and the Tirana Outer Ring Road, worth around 210 million euros.

Prosecutors allege that through communications and interference in the tendering process, unfair advantages were created for a consortium of companies, an accusation that Balluku has denied.

The argument presented by the majority representatives was that Balluku no longer exercises an executive function and therefore there is no risk of evidence tampering or witness intimidation.

However, beyond the legal argument, the decision has a strong political dimension. Prime Minister Rama has maintained a cautious public stance, stating that the decision should be based on the report of the Mandates Council and that "The mechanism of governance cannot be rigged and rigged every time an accusation is made."

In a system where parliament is controlled by the ruling majority, any decision on the immunity of a senior political figure risks being seen as a political defense rather than a legal assessment.

"We will not become an obstacle to the investigation of MPs and senior officials accused by the judiciary" and "Whoever has problems with justice should face it themselves" These are some of Rama's previous statements at the beginning of the confrontations between officials in his district and the justice system.

However, according to an analysis by the Institute for Policy Studies (ISP), the government's approach to immunity for accused officials has changed over the years.

In 2023 and 2024, the Parliament rejected the opposition's request to send the mandate of former minister Olta Xhaçka to the Constitutional Court, after her husband Artan Gaçi (former SP MP) was declared by the government. "strategic investor".

Former Interior Minister Saimir Tahiri was also taken into protection. In 2017, the Serious Crimes Prosecution's request to lift immunity was rejected, while in 2018 Tahiri resigned from his mandate and was subsequently sentenced to prison.

The cases when the Assembly has approved the lifting of immunity have mainly been for less politically powerful figures, such as Tom Doshi and Mark Frroku in 2015. In the same year, the Assembly also approved within two days the lifting of the immunity of Armando Prenga, figures who, although not directly linked to the Socialist Party, were its constant supporters in parliament.

In 2022, Alqi Bllako resigned from his mandate following accusations raised by SPAK.

Whereas in 2023, unlike Balluk's case, former Deputy Prime Minister Arben Ahmetaj did not receive the same political protection. Within a week of the request for lifting immunity, the Assembly voted in support of SPAK.

There was a similar approval for the lifting of immunity for opposition leader Sali Berisha in December 2023. Meanwhile, Jurgis Çyrbja resigned from his mandate in 2024, which took only 8 days.

In the case of Belinda Balluku, the process began in December 2025 and after more than two months the majority decided to reject SPAK's request to lift immunity.

In functioning democracies, lifting immunity is not a punishment, but a procedural step to pave the way for justice to operate unhindered. Refusing this process creates the perception that political power can impose limits on justice.

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