FLASH
Shkruar nga Mero Baze
It is the court that decides justice, not the prosecution...
In all the debates to date about the trials initiated by SPAK investigations, the most important problem that has been identified concerns the profound lack of independence of the GJKKO in relation to SPAK. Although SPAK's accusations are often exaggerated and unsupported by any evidence, the prosecution is allowed to cast its net beyond its suspicions.
It is the court that decides justice, not the prosecution.
And the whole debate should not be focused on the pressure on how to correct SPAK, because SPAK is not corrected with popular trials. The whole debate should be focused on how to make justice independent and clearly separate the prosecution from the courts.
Under communism, the prosecution and the court were almost merged, because both were loyal to the ruling ideology in the country, while in democracy they are not only separate, but the power of the rule of law lies precisely in the deep independence of the judge from the prosecutor.
As has been noted in the preliminary hearings of recent trials, prosecutors often present evidence so weak that judges are embarrassed and listen to it, but in the end they decide as the prosecutors say. And this has less to do with that sentence that came out of Altin Dumani's subconscious when he said that the courts "are obliged to give the decisions we ask for", but with the fact that they are indeed under pressure from SPAK due to a scandalous blunder that the drafters of the Justice Reform have made regarding SPAK's control over the GJKKO.
As is known, GJKKO judges can be wiretapped without authorization by a SPAK prosecutor, which means that they are forced to behave as if they were under 24-hour surveillance.
Such a standard does not exist in any judicial system in the world, not even in dictatorial countries.
Justice reform makes sense when we spend energy on making judges independent from politics and not when we put them under the yoke of those who bring charges. They are the links that examine the charge and cannot be at the same time victims of their surveillance.
The Albanian Parliament should see as a priority the strengthening of the judicial independence of the GJKKO and one of the steps should also be their liberation from the fear of unauthorized surveillance by SPAK.
Albania has not emerged from any genocide or crimes against humanity in these 35 years, which have caused the judges of the GJKKO to be wiretapped without authorization. SPAK should not be touched in its own affairs. Let it do them badly, as it often does, and sometimes even for personal revenge. This is a primitive phenomenon, which is corrected with independent courts and not with intimidated courts.
In Albania, judges are more afraid of SPAK than high-ranking officials who are being investigated. And this story must end. Justice reform makes sense when the independence of the judiciary is strengthened and when it is judged by judges with dignity and not despised judges who cannot lift their heads to look the prosecutor in the eye who unnecessarily puts them in the courtroom.
I agree that accused officials and no SPAK subject should be taken to task, but this should be done when we guarantee that the judges of the GJKKO have all the freedom to decide freely and judge the facts and not the wishes of the prosecutors. This is a real step towards the independence of justice, since so far SPAK, every statistic that is against it, justifies it with the GJKKO, since they - as we have heard - "are forced to decide what SPAK says".
When we say that Albania, according to the Council of Europe, is the country with the most pre-trial detention in Europe, SPAK says that it has done the GJKKO. In fact, it has done the notary. When we say that the preliminary judgments are nothing new, but they notarize the wishes of SPAK, the blame again remains with the GJKKO.
In order to understand which link is not functioning properly, they must function separately and independently of each other. After all, the justice reform was not done out of necessity because there was no one to accuse in this country, but because there was no one to judge. And by doing this, we have killed the judges without entering the courtroom.
Lini një Përgjigje