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Aktualitet2023-11-07 20:18:00

The decision of Strasbourg, the families of the victims of Gërdec: Albanian justice has ignored us, it was confirmed that we are right

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The decision of Strasbourg, the families of the victims of Gërdec: Albanian

The Association of Families of the Victims of the Gërdec Explosion has welcomed the decision of the Strasbourg Court in favor of the affected families.

After about 14 years since the tragic explosion in Gërdec and the start of a new trial for the former Minister of Defense at that time, Fatmir Mediu, the Strasbourg Court said that the families of the victims should have been part of the process from the beginning, while the investigation of former minister Fatmir Mediu has been delayed.

The court demands compensation of 12 thousand euros for Zamira and Feruzan Durdajn.

In the reaction of the Association of the Families of the Victims of the Gërdec Explosion, it is stated: "We feel vindicated by the support that this Supreme Court gave to our two main appeals, specifically: The criminal trial cannot be held without our full participation and that the authorities of the investigation and trial have unjustly delayed the full disclosure of the role and possible criminal responsibility of the former Minister of Defense. Now the Strasbourg Court confirmed to us that we were right all the time when the Albanian justice ignored every request, before only today's justice took it seriously".

REACTION

A clarification for the media

(in lieu of a press release)

The Association of Families of the Victims of the Gërdec Explosion welcomed today the decision of the Strasbourg Court. We feel vindicated by the support given by this supreme court to our two main complaints namely: The criminal trial cannot be conducted without our full participation and that the investigating and trial authorities have unjustly delayed the full clarification of the role and criminal responsibility of possible former Minister of Defense. Now the Strasbourg Court confirmed to us that we were right all the time when Albanian justice ignored every request, before only today's justice took it seriously.

We also welcomed the reasoning of the Strasbourg Court that the tragedy of Gërdec, both in terms of the impact it has had on modern Albanian history, and for the evidence that is already available, is not only in our interest, but also in the Albanian society, which let's all together learn the exact circumstances in which it happened and what role Mr. Mediu had in it.

Since today we found different interpretations of this issue, we consider it reasonable to clarify and ask the relevant media to reflect on the following:

• First, the main right gained in this case is the active participation of the injured in the criminal process, requesting the collection of evidence, questioning of witnesses, and everything else that the other parties in the process have the right to exercise. Criminal investigation and trial can be effective when all parties face each other in an orderly process that applies the adversarial principle;

•Secondly, the decision of the Strasbourg Court sealed the fact that this is a purely legal issue and not political towards anyone. The complete clarification of the role of the former Minister of Defense is the duty of the local courts and without realizing this aspect, the violation established by the Strasbourg Court cannot be repaired;

•Thirdly, Mr. Mediu's right to the presumption of innocence should be fully respected. From beginning to end, our quest is about uncovering the truth, not revenge;

•Fourth, it should be understood that the damages awarded by the Strasbourg Court are not for the loss of life, do not replace any justice denied and are not even in the focus of the victims, but this is a normal way of acting of this court when it finds that they have gone through procedural hurdles, without being able to realize their rights;

•Finally, the findings and reasoning of the Strasbourg Court are complex and of great interest to put the domestic justice bodies in front of a positive pressure to fulfill the legal rights of the families of the victims and the injured.

We take the opportunity to express our positive assessment of the Special Anti-Corruption Structure and the Special Court for Organized Crime and Corruption that began to fulfill these rights (reopening the case and allowing, in principle, the active role of the victims' families in the process ) before the Strasbourg Court highlighted them in today's judgment.

We also find the opportunity to ask the Albanian government to accept this judgment as right and not to further postpone the process in Strasbourg with further unnecessary appeals. The Strasbourg court spoke and now the rights highlighted by it must be fulfilled in full, without any further delay, in the name of clarifying a tragedy that the Albanian state owes its citizens to offer since 15 years.

Association of Families of the Victims of the Gërdec Explosion

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