FLASH
Shkruar nga Ylli Pata
After what happened today, any standard that can be restored with other cases will not be seen as principled, but premeditated and tendentious.
The decisions made by the GJKKO with high-level political figures, starting with the "Tahiri" case, and so on, have not found a consensus in the public, political, or legal expert community.
However, the special judges established a taboo regarding their conduct by ruling, which became a general standard.
Where the decisions were generally draconian, from the beginning of the investigations to their conclusion. All those arrested remained in prison until the end of the process, and during the process, the decisions were generally a confirmation in spirit and letter, of the material and pretension of the accusation, i.e. SPAK.
Meanwhile, the image spread among the public about special judges is that they are "blind" and "deaf" to what happens in public, as they make decisions in complete independence and disconnected from the environment that surrounds them.
For these judges, a myth was even created that they are "Spartan", "principled" and do not want to get close to the Albanian political or media environment.
The drastic decisions taken have come as a bombshell, first and foremost to the accused and their defense teams, and even to the close circle of these characters. Their arguments, in commenting on the decision, have not only been contradictory, but have shown that the severity of the decision was inappropriate for the specific crime, by using its most extreme clause.
Precisely this performance, this 'standard' or taboo regarding harsh decisions, has long been the subject of heated public debate, thus creating an environment of lawyers, journalists, and politicians who were critical of this behavior.
And these criticisms have mounted, because the standard of justice in Western countries is not filling prisons, but a penal policy that aims for a balanced and fair decision, supported by irrefutable evidence.
In the West, prison overcrowding is not standard, neither in the first phase nor after the decision. Criminal policy uses different forms according to the case, to give the right message by creating a standard.
But with the "Partizani" case, justice has long since overthrown this draconian myth that does not look left or right.
One of the judges who opened this taboo the most with his decisions, or even with media interviews, went so far as to release Sali Berisha from house arrest on the grounds that he has an electoral campaign and the party needs him in the campaign.
Of course, the judge's opinion is his, and he may have arguments to defend it, but the reference to a context that is not purely legal but to the environment in which he operates, caused the first crack in the myth of the GJKKO.
Meanwhile, the myth was shattered by the Ulliri case, where a relative of a DP MP was appointed as the judge in the case where Sali Berisha, the leader of the DP, is being tried. A case close to a conflict of interest, or ethical behavior, which was accepted by the judge who offered to resign.
But it was not accepted by the head of the GJKKO, and today this judge released Berisha's son-in-law, Jamarbër Malltezi, accepting the financial guarantee.
It's not the end of the world, especially where the process is on the road as in the current case and security measures can be fluid.
But in front of the public, the GJKKO has broken a standard, which affects credibility and expectations. In a decision of the GJKKO, SPAK is asked to impose a prison sentence on an official because this is the public's expectation, while today, precisely the public's expectation that there should be at least no cloud over the credibility of judges with their connections to Berisha, has completely fallen.
After what happened today, any standard that can be restored with other cases will not be seen as principled, but premeditated and tendentious.
So where were we and where are we: Thessaloniki and the ups and downs, as it has been and will be! Whoever has power, money and attacks justice will be saved, the rest. Let's see...
Lini një Përgjigje