FLASH
Shkruar nga Pamfleti
The unprecedented case of "Ora News" journalist Elton Qyno, whose computer equipment, son's phone, two work phones and a series of professional materials were seized by SPAK, has ended at the doors of the Special Court of Appeal. where the journalist requested the annulment of the decision with No. 501 and the return of the seized materials and items.
The session narrated by the judge of Appeal, Daniela Shirka, was accompanied by debates between the lawyer of the journalist Dorian Matlia and the prosecutor of the case, Behar Dibra.
Initially, the court rejected the request for the participation in this session of the assistant commissioner of the People's Advocate, Sotiraq Nushi, not allowing his presence as an observer of the judicial process.
During his speech, lawyer Matlija raised a series of serious violations committed by the SPAK special prosecutor's office, which carried out 4 illegal and consecutive checks on journalist Qyno.
Matlija pointed out to Judge Shirka, that for this particular case, the unanimous decision of the Supreme Court, which clearly defines the forms and criteria for how the prosecution should request the source from professional journalists, has been violated with both feet.
Moreover, Matlia mentioned that the Supreme Court has listed a series of decisions of the Strasbourg Court, calling the precedents of control of housing or workplaces as too heavy and quite dangerous.
"...The violation of the Supreme Court's binding decision creates a dangerous precedent and leads to disciplinary proceedings up to the dismissal of the judges who violate this unifying decision..." - emphasized lawyer Matlija.
Matlija pointed out that the prosecutor's office started the investigation for the release of secrets on December 12, 2023 and carried out all investigative actions for the benefit of this case against the journalist Qyno on December 13.
"...The prosecutors, the officers and the administration of SPAK should be the first to be verified about this case and investigated. The investigation should be started by the prosecutor, not by the journalist. What did they do, they started it from the tail, violating every principle constitutional, every law and international practice, the convention of freedom of expression up to the Supreme Court's counter-judgment. On December 13, the phones and computers should be seized from the prosecutors and not from the journalist Qyno...".
The lawyer reminded Judge Shirka that in this particular case the journalist's resources are being harmed and at the same time the journalist's work and his physical safety are really threatened, because for almost 18 years the journalist has been reporting on very serious criminal events that happened in Albania.
On the other hand, the prosecutor of the case, Behar Dibra, emphasized that the interest of this investigation was the discovery of the source of the journalist, Elton Qyno, who during the interrogation refused to cooperate and show where he got the material from.
In the courtroom, prosecutor Dibra went wild with slander and insults as he lashed out at journalist Qyno, calling him a "liar" after refusing to reveal his sources.
But this low, uncivil and immoral labeling of the prosecutor Dibra, brought the reaction of the lawyer of the journalist, Dorian Matlia and the judge of the session Daniela Shirka, who drew attention to Dibra and to be careful with his vocabulary during the court session .
The prosecutor himself stated in the hall that he has no interest in the seized equipment, but he affirmed that he only wants journalist Qyno to reveal the source of the information.
On the other hand, lawyer Matlia reminded the court and the prosecutor himself that he had seized all the electronic materials from journalist Qyno, including CDs and some USBs.
Also, lawyer Matlia mentioned to judge Shirka that it was the Court of Appeal that in the Lapsi.al case overturned the decision of the first instance, calling the decision of controls and seizure of computer equipment illegal and outside of any legal norm.
Therefore, the lawyer reminded Shirka that we are dealing with the same case, and as such this court must overturn decision no. 501 of the Court of First Instance, in order to return the seized items.
Judge Shirka considered the case in question busy and because of this situation, the Judge decided not to speak today, but to give the decision the next day at 14:00.
For the unprecedented case against the journalist Qyno, the day before and today, the most well-known organizations in the world that protect journalists and their freedoms reacted.
"Reporters without Borders" write as follows:
"...Albania: Seizure of journalist Elton Qyno's devices by anti-corruption prosecutors after his reporting on organized crime threatens the secrecy of confidential sources.
"Reporters Without Borders" asks the Special Court of Appeal, established on January 5, to order the return of the journalist's equipment...".
Meanwhile, the "Safe Journalists" organization came out on the same line, which in a post on the "X" platform, called for the court to return the equipment and at the same time insist that it refrain from starting cases that endanger resources in the future. journalists.
"...@ËB Journalist" is asking the Special Court of Appeal against Corruption and Organized Crime to order SPAK to return all equipment to Elton Qyno and insists that he refrain in the future from initiating cases that they endanger the resources of journalists..." - says the statement of the "Safe Journalists" Organization.
Similarly, another reaction came from the European Federation of Journalists, which is the largest organization of journalists in Europe.
The reaction came through Ricardo Gutierrez, the Secretary General, who expressed his concern about the case in question, where a journalist was illegally taken, work equipment and personal and family items, with the sole purpose of revealing sources. / Ora News
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