FLASH
Shkruar nga Mero Baze
SPAK's policy in Albania has created problems with the failure to establish unifying investigation standards, and the use of blackmail and detention as a means to achieve their predetermined objective on a case...
Prime Minister Edi Rama gave perhaps the longest speech of his life on justice, in an attempt to limit the power of justice from behaving like political power, to limit repressive policies against citizens and their fundamental rights, and to remove the shame of engaging in a public battle with justice in the name of the lack of justice for Albanian citizens.
First, he tried to defend the fable of independent justice, which must be taught not to assume the attributes of political power. Illustrating it with three decisions of the Constitutional Court, the one of the suspension of a high-ranking official, the one of the attempt to determine salaries by court decision, and the decision of the Constitutional Court dealing with the organization of parliamentary committees, he illustrated the involvement of justice in the organization of the state, in finances, and in parliamentary life. This has happened in the last two months, and has little to do with specific individuals, but with the desire of justice to govern the country. The judgment on the suspension or not of a cabinet member has nothing to do with Balluk, because it neither saves nor blames him, whatever the decision may be, but it has to do with the fact of who decides who will be in the cabinet, the prime minister, the people, or the court. And the Constitution has given the people and the prime minister that right.
How much the judges' salaries will be is a matter for the executive branch and the Minister of Finance, not the scoundrels who receive millions in salaries as judges and who often forget to receive them because they don't need them.
How parliamentary committees are divided or what their names are is a trivial matter for the parliamentary Bureau and not for the Constitutional Court. Belinda and Rama have no part in this. Here is a judicial power that thinks they have the right to make decisions on anything you ask of them. And they do this in the name of the independence of justice. In fact, it is in the name of the anarchy of justice.
Edi Rama's second cause in the battle with justice remains SPAK and its repressive policy. The debate here is not how the government will fight SPAK, but how to establish some rules so that people have the opportunity to defend themselves when accused. And to be protected in a manner proportional to the guilt they are supposedly guilty of.
The policy of SPAK in Albania has created problems with the failure to establish unifying standards of investigation, and the use of blackmail and detention as a means to achieve their predetermined objective in a case. Most of SPAK's investigations have not started from evidence that fell into SPAK's hands, but from the desire to deal with cases that the prosecutor selects and then, after distributing arrest warrants, raiding houses and blackmailing witnesses, begins to form a case for the criminal offense.
The battle with the shortcomings of justice is won in the name of the troubles of citizens, as they are experiencing the lack of justice. Our prosecutors, the only model they still have in their heads is the investigation of communism. I can't get the sentence out of their mouths: "I'll throw the irons at you, I'll throw the keys into the sea, I'll make you never see the light of day again". For this, a public battle must be waged, without any shame because it is called pressure. Human rights are the backbone of a democratic society that distinguishes it from dictatorship. The fight for them is an obligation, even though in the minds of our prosecutors and judges they cause laughter.
Removing the complex for public battle with human rights violations is a victory for Albanian citizens, not for the government. If we remain silent in the name of judicial independence, when SPAK blackmails or restricts the fundamental rights of people under indictment, we have paved the way for a system that we have overthrown once and for all, not for Europe.
Recently, Edi Rama spoke as the guarantor of the Justice Reform and its perfection through legal changes if the need arises.
The implementation of the Justice Reform so far has exposed many black holes in the Justice Reform, which cause it to produce this anarchy in the delivery of justice, to stockpile 200 thousand files, to create terribly delayed procedures, going all the way to the Supreme Court and returning to the first instance, losing hope that a trial will end while you are still alive.
Legal changes are needed first to guarantee the fundamental rights of citizens affected by this repressive policy and the increased corruption in the judiciary. And for this, it must fight with the courts more than with SPAK and must free them from the dictates of SPAK's wiretapping.
SPAK's repressive policy has increased the price of district prosecutors and judges everywhere in Albania, causing a case that used to be solved for a few lek to now be solved for five times more. This is the first effect of the Justice Reform, the increase in the price of providing justice. Therefore, the proposed legal changes should not be spontaneous and not even with the minds of those who do not even go to the dump.
The changes should produce more direct justice, to make the fate of the citizen more independent of the whims of a prosecutor or judge, to install binding practices for the judicial branch to respect deadlines and provide timely responses to problems with justice.
Changes should not be a wasted opportunity. If they are made, they should be as comprehensive as possible, as widely accepted as possible, and above all, they should strengthen the new justice system by avoiding abuses. Half-hearted proposals such as those that protect members of the Constitutional Court from suspension, when no one needs to suspend them, because they arrest them, are banalities that show personal problems, not principles. Otherwise, we will produce an even worse legal basis than the one we have created, saving no one from injustice and making politics “co-sufferers and co-defendants with justice.”
Lini një Përgjigje