FLASH
Shkruar nga Av. Dorian Matlia
Altin Dumani, with this statement about Gëllçi, seemed to me to be in the phase of professional adolescence, who seems to himself that he has nothing to learn from Strasbourg, on the contrary, it is Strasbourg that should learn some facts from him.
In response to journalists, today the Head of SPAK, Altin Dumani, spoke about the "Gëllçi" case in Strasbourg, saying that "The State Attorney's Office did not inform us... Incorrect information has been sent to Strasbourg. Thoma Gëllçi has been arrested, while information has been sent to Strasbourg as if he has surrendered himself."
There are two problems with this statement, one small and one large. The small problem is that Altin Dumani, without any need, unjustly smears an individual, suggesting that he lied in Strasbourg. He says that Thoma Gëllçi was arrested. Yes, of course he was arrested, because there was an arrest warrant with a court decision, but the problem is the method of arrest. How was he arrested? By chasing him on foot, or by following him in a car like in the movies? Or by leaving the border at the last moment? Or did they go to his house and put handcuffs there?
Thoma Gëllçi himself called the judicial police officer and told him that he was ready to surrender to the police. And he did so, despite the arrest warrant issued by SPAK. Because it is nonsense for a lawyer to make such jokes as if Thoma had said that he surrendered himself, possibly asking to be arrested without an arrest warrant… But let's leave this detail aside because this is a small problem that Thoma Gëllçi cannot ignore as long as not only Thoma's words went to Strasbourg, but also the court file. And Strasbourg has an entire section of Albanian lawyers who know how to read Albanian and do not make mistakes when translating documents for the Strasbourg judges.
The big problem here is that Dumani has not drawn lessons from the decisions of the supreme human rights courts, such as the Constitutional Court and the Strasbourg Court, at least in those cases that I have followed myself. But, before I explain this, I am making a small parenthesis here.
The stages of professional life are very similar to the stages of human life as a being. At the beginning of life, when we are children, we do not know many things, we have insecurity and we need support and protection from our parents. Even at the beginning of a career, the professional is insecure, has uncertainties, fears, needs care and mentoring. Then comes the second stage, that of adolescence, where a person takes things for granted, thinks he knows everything, becomes brave and arrogant. Professional adolescence is also like that, where the professional remembers that he has already taken up the work, learned what he needed and speaks confidently, but at the same time also breaks down the nonsense that seems to him to be wisdom. In the stage of maturity, then, a person learns that things are much more complicated and becomes more humble and careful, more prudent and wiser. Thus, even the mature professional learns the basic lesson “as long as you live, you will learn”.
Altin Dumani, with this statement about Gëllçi, seemed to me to be in the phase of professional adolescence, who seems to himself that he has nothing to learn from Strasbourg, on the contrary, it is Strasbourg that should have learned some facts from him. If he were wise, he would have said: "We have studied Rastin Gëllçi and we have drawn lessons about the things we should not do anymore". And indeed, there Strasbourg told him bluntly that you cannot arrest people because you suspect that they will escape, without having evidence. Moreover, you will prevent them from leaving the country and not seek imprisonment. Strasbourg told him bluntly that even when you say that the person will jeopardize the evidence, you must also say what evidence you would collect, why is it important, why were you unable to collect it for two years and a half of investigations, what value would it have against Gëllçi, that you needed this arrest so much, when Gëllçi was no longer even a director, but a simple citizen? Strasbourg told him that the arrest should not have been made at all, and even though he surrendered, it didn't matter as long as the arrest was illegal.
Did Dumani learn the right lessons, so that he would not seek arrests in vain, for the sake of SPAK's institutional bravado on the evening news? It seems to me that not, because even today he is talking about the most insignificant detail of that file, for which Strasbourg does not give a single gram in the scale. As if he had been arrested with a fuss like in the movies, or as if he had surrendered himself, this is a five with nothing for the basic arguments that made that case won by Gëlçi. This issue of self-surrender, in this case, has value only for Dumani's dilettantism that he does not hesitate to transform for journalists, forgetting that these statements are also followed by the specialized public, like us lawyers for example.
Dumani did not learn any lessons from the UN and Constitutional Court's decision-making on the case of journalist Elton Qyno. Even today, SPAK refuses to delete the data obtained from the journalist's phones, while the Constitutional Court bluntly said "all the data obtained should be destroyed."
However, this "teenage professional", unfortunately, does not have the power to run a private office, as small as a bicycle that cannot cause an accident to anyone, but he has the complicated levers of a very heavy state machine like SPAK in his hands. He, with the conviction that he knows everything and with the momentum of self-confidence, broke some rubbish and untruths at the UN, for which I was honestly ashamed of representing my country, despite the fact that I was interested in winning that trial. Just as SPAK spoke himself in the Constitutional Court and not the State Attorney's Office, and yet there too some lies were told in writing before the highest Albanian court about Elton Qyno. I was ashamed there too. And to think that the Qyno case came after the Lapsi case, where it was found out that he had not learned anything from the Lapsi case either.
Many of us are waiting for Dumani to grow up, open his mind a little and understand that when the supreme human rights courts speak, he, with the principle "you will learn as long as you live", should take up his pen and take note of the new lessons of professional life, which apparently those lower courts, deciding "by heart" as he demands, have nothing to teach him but only spoil his ego in the professional adolescence phase.
For now, it's a good thing the State Attorney's Office didn't ask about the Gëlç case in Strasbourg, because I would have been ashamed of my country there, just like in the case of Qyno before the UN.
Lini një Përgjigje