FLASH
Shkruar nga Lutfi Dervishi
The members of the Constitutional Court, before the law, chose inertia and the Anatolian expression: "what do I need?" These prosecutorial notaries should feel guilty today.
In a historic decision, the European Court of Human Rights in Strasbourg has today declared the arrest of the former director of Radio Television Albania (RTSH), Thoma Gëllçi, illegal.
This decision not only highlights serious human rights violations, but also paints a grim picture of a judicial system that is plagued by fear, incompetence, or, worse yet, a dangerous mix of the two.
The Gëlçi issue should never have existed.
Thoma Gëllçi's ordeal began in October 2021, when he was arrested on charges of abuse of office in connection with a tender for technical equipment for the famous RTSH AGRO.
The Court of First Instance for Corruption and Organized Crime, following the prosecution's request, ordered his detention. The justification? Suspicion that Gëllçi could manipulate evidence and exert pressure on witnesses.
The decision was reinforced by claims of risk of deportation, claims that collapsed when examined with the standards of European justice.
Strasbourg found that the Albanian courts did not provide concrete evidence to support the detention.
The prosecution's arguments remained general and unsupported by facts. This is a serious violation of the article of the European Convention on Human Rights, which guarantees the right to liberty and security.
Shame has names.
This issue is not just about Gëllç's rights. It is about the names behind this repeated abuse of land in the name of justice.
The prosecutor built a case on sand, supported by the head of SPAK at the time. An absurd, prolonged and ridiculous investigation.
Judges of the Court of First Instance,
the Appeals judges just sealed the decision and, ESPECIALLY
the judges of the Supreme Court and
The Constitutional Court, before the law, chose inertia and the Anatolian expression: "what do I need?" These prosecutors' notaries should feel guilty today.
Everyone had their eyes on their foreheads and their minds on their heads. Everyone had the opportunity to show integrity and professionalism. Everyone failed. Shamefully!
The State Attorney's Office, under the direct control of the Prime Minister's Office, defended an indefensible cause to the end. They stood behind the prosecutor's "arguments", a move that now stands out as pure incompetence or a dangerous political message. They too have made a place for themselves on the list of shame!
Theater of Justice:
The Special Structure Against Corruption and Organized Crime (SPAK) is increasingly turning into a theater troupe, staging the spectacle of arrests rather than following the rigor of cases. The “circus” of media-broadcast raids and sensational detentions may feed the daily news cycle and satisfy (until yesterday) the government’s need for revolutionary optics, but it has done so at the expense of European standards of justice.
The irony is complete. The same government that fought hard against Gëllç all the way to Strasbourg, now finds itself entangled in the net it itself wove. Yesterday, Gëllçi boasted about the case: "we don't know anything, it's a matter of justice, let's let justice do its job." Today, the Strasbourg decision suits him.
Strasbourg awarded Gëllç compensation for non-pecuniary damage and 5,000 euros for legal costs. While the financial compensation may seem symbolic, the moral victory is great.
However, the battle continues. Attention now shifts to the courts, where Gëllçi's legal team will seek the restoration of justice, distorted and deformed by the zeal of SPAK and timid judges.
The Strasbourg decision sets a precedent that could become a thorn in the side of an administration increasingly in conflict with its own creation.
This decision is a mirror that reflects the state of the system. It is a system where accusations, not evidence, dictate detention. Where the mentality of “prison first, then investigation” is reminiscent of Soviet justice before 1956. The media also have a hand in this circus, which, like obedient pets, amplify the prosecution’s narrative without asking the simplest questions: What law was violated? What harm was done? Who benefited?
Real reform is not about creating new institutions, nor about staging arrest spectacles. Real reform is about building a judiciary that understands the evidence, respects procedure, and delivers justice, calmly, honestly, and without noise.
Today, shame has names.
Tomorrow, let's hope that reform will have faces, the faces of judges and prosecutors who are not afraid of justice.
Lini një Përgjigje