FLASH
Shkruar nga Mero Baze
Elsa Ulliri is actually requesting to resign from the case due to suspicions that she will help Sali Berisha in the process and not that she will persecute him politically. And this creates a double standard in Albanian justice in cases of trials of senior politicians.
Judge Elsa Ulliri, who was selected to lead the trial against Sali Berisha and her son-in-law, will be subject to a court decision after her request for resignation due to a conflict of interest due to her cousin, a DP MP. From an ethical point of view, her request for resignation is a correct action, but this is not a standard in Albanian justice.
Elsa Ulliri is actually requesting to resign from the case due to suspicions that she will help Sali Berisha in the process and not that she will persecute him politically. And this creates a double standard in Albanian justice in cases of trials of senior politicians.
The influence of politics in the judiciary has not disappeared since the judicial reform. At least, Sali Berisha has managed to have a majority of judges in the GJKKO. (Five of them are schoolmates of Argita Berisha and promoted by her in the system. The same applies to the Supreme Court.)
But the problem is to establish an ethical standard for judges with political exposure, in the case of judging politicians – not only in the case when they are in favor, but especially in the case when they are politically positioned against the person in question.
Elsa Ulliri, for example, should not resign from the trial on the grounds that she is a first cousin of a DP MP. Those who know her family's connection to Sali Berisha know that her cousin is an MP because of the connections that Elsa's family has with Berisha. So it is a little more. But this in this case does not matter, since she made the gesture even though she disguised the real reason.
But the same judge, so politically exposed with the DP, did not withdraw from the preliminary trial against Plarent Ndreca, a Socialist Party MP, in a case that does not even involve a criminal offense. So this makes it seem like she feels prejudiced not to defend Berisha, but she does not have this care with his political opponents, since she herself admits that she has a conflict of interest due to her political confidence with him.
The same is true of the case of Olta Xhaçka, whom a judge who is the sister-in-law of former DP MP Gjunkshi, who had a conflict with Xhaçka in the elections in Dibër, attempted to take to trial.
So, when it happens that these politically sponsored judges face political opponents, they don't feel like suicide bombers, but they behave like them, and when their spiritual father comes to court, they make gestures that are likely not even accepted by Judge Bani, who, even though he is not a cousin of Sali Berisha, is more militant than the entire court in his favor.
The same can be said for the SPAK prosecutors in the Veliaj case, who cannot contain personal emotions even in the courtroom in front of the cameras, let alone in the investigation room.
For this reason, there should be an accepted standard for that category of judges who are politically sponsored in their careers and who should be excluded from trials against senior politicians - not only when their hand trembles to condemn them because they have idols, as in the case of Berisha, but especially when they behave like lynchers and vengeful people for political reasons.
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