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Aktualitet2024-12-13 22:22:00

"SPAK is not controlled by anyone", the EU ambassador puts politics into "anxiety": the work of the Special Prosecutor's Office has just begun!

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"SPAK is not controlled by anyone", the EU ambassador puts politics
Head of SPAK, Altin Dumani and EU ambassador, Silvio Gonzato

They are just getting started.

The ambassador of the European Union in Tirana, Silvio Gonzato, has described the head of SPAK, Altin Dumani, as a man of high integrity, without any political bias. The European diplomat appreciated the work done so far by the Public Prosecutor's Office, hinting that there is room for improvement. 

Gonzato rejected all accusations that SPAK has a political background or that it is directed and influenced by the government. For the head of the EU delegation, the way SPAK works cannot be controlled by the government.

" There are mayors from the left and the right who are indicted, who are being investigated. I do not see any particular political bias in the way SPAK is acting. I have met Mr. Dumani, he is a man of high integrity. He's doing his job, he's not looking for attention, he's not looking for fame. He's just doing his job. And as I said before, I think we should let them do their job. And of course, it must be done within the framework of the rule of law. They have to respect the procedures and so on, everything is clear. So I don't really want to comment on the insinuations that SPAK is politically driven. All I can say is that the judicial reform introduced safeguards that protect judicial institutions from political interference. I don't understand how the way SPAK works can be controlled by the government. That's all I can say ," Gonzato said on the show "Every Corner" on A2 CNN.

Furthermore, the ambassador emphasizes that we should give some time to the new justice institutions to consolidate and achieve the expected results. Gonzato said that the SPAK cannot deal with every possible case, as they are specifically created for corruption and organized crime. Gonzato warns that as the years go by and SPAK consolidates, the actions will be more visible and more effective.

" There are some recommendations that are part of the whole membership process, the review process, and they have to do with further increasing the independence of the judicial system, increasing the resources, the capacity, for example, to conduct financial investigations effectively . So what you say, I think, is an indication that SPAK is indeed facing a heavy workload and that we should not forget that this is a new institution. They are just getting started. We will mark on Friday, I believe, SPAK's five years in office. So, we need to give these new institutions some time to consolidate and achieve the expected results. I sometimes worry that people's expectations of SPAK are a bit disproportionate even to its capacity. Sometimes, I see people referring to SPAK cases that should actually go to ordinary justice, for example. So it looks like they're going to save everything and everyone. So SPAK has a specific mandate that deals with corruption and organized crime. I think they have achieved extraordinary results in the field of organized crime. We don't talk about it enough. They have created really excellent cooperation with European law enforcement agencies, with Europol, but also with international ones, with Interpol, with agencies in South America for drug trafficking. So I think they're doing a lot, to be honest. We just have to give them time. And, of course, it is also a matter of consolidating their work practices to achieve the level of professionalism they need. I am very glad, for example, that the deputy director of BKH, investigators, has now been appointed, and they can now develop the judicial police, as this will also increase the capacity of SPAK to quickly and effectively investigate cases that they refer to ", he added.

Regarding the disturbing statement of the SPAK head about those who passed the vetting, Gonzato emphasized that judicial institutions should have their own internal mechanisms that ensure the accountability of judicial staff.

" We must ensure that after this revolution, because Veting was indeed a harsh but necessary measure, we must establish a system that regularly ensures the integrity of judicial personnel. So this is definitely something to look at and take action on. We are giving our full support to independent justice institutions to do this. What is important is that when we talk about the accountability of judicial staff, we must combine it with independence. So, what we need to achieve is that the judicial institutions have their own internal mechanisms that ensure the accountability of the judicial staff. I do not see this accountability happening in relation to the other two elements or the other two pillars of the state, ie the legislature/parliament and the executive. So we need to help independent judicial authorities put in place the necessary mechanisms. There are other agencies that can help. HIDACI, for example, is the agency that must regularly check the assets of civil servants. So there are a number of players who can play their part in this regard. But this is definitely an important aspect" , he said.

Gonzato also spoke about Olta Xhačka's case. Even though the Venice Commission gave the opinion requested by the Speaker of the Assembly regarding the mandate of MP Olta Xhaçka, where it is stated that the decisions of the Constitutional Court are mandatory for everyone and this right has been recognized by the Constitution of the country, the parties have interpreted it this attitude in different ways.

But for Gonzato, politics and the Assembly must implement the decisions of the Constitutional Court, while in Albania, according to him, the constitutional balance must be restored.

"It is an important issue at the moment. You must have noticed that in the 2024 report and in the conclusions of the Council, that is, a document that is approved not by the Commission but by the Member States, there is a clear reference to the need to abide by the decisions of the Constitutional Court. This matter should be looked at very carefully. You yourself referred to the opinion of the Venice Commission, where the principle of constitutional loyalty is emphasized, while for the rest it is up to the Albanian authorities to decide. But I think we need to restore clarity and restore the constitutional balance" , concluded the EU ambassador.

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