FLASH
Shkruar nga Mero Baze
The case of Thoma Gëllçi is the first encounter with the new justice system according to Western standards, and our justice system has remained in the classroom...
Within two days we have two statistics, one from SPAK and one from Strasbourg.
SPAK, responding to Prime Minister Edi Rama's complaints about mass detentions, explained that only 40% of cases have led to detention, and it considers this to be a kind of protection from the accusations made against it. In a way, it is saying that it could also recommend 100% detention in every case. It is a bit banal that we refer to SPAK for detentions and not the GJKKO, but since they have become notaries, practically the pretensions here have turned into court decisions. In fact, in the court session, the judge is seen asking the prosecutor how to waive the sentence.
The second case was today. The decision of the Strasbourg Court, which declares the preliminary arrest of Thoma Gëllçi, former director of RTVSH, illegal, is an official certification and, if I'm not mistaken, the first of the highest European human rights court to confront the activity of SPAK, overthrowing it.
SPAK's claim that no instance of the GJKKO and the Supreme Court dared to overturn it due to "public opinion", as explained at the tables, has been overturned by the highest European court.
The prosecutor in the case was Dolereza Musabelliu. The judges in the case were Erjon Çela, Irena Gjoka and the well-known Erjon Bani.
Thoma Gëllçi was held in detention at 313, together with ordinary criminals in rooms of four for more than a year, and I do not know if he has escaped from depression, for a crime that does not exist, even though the case is still being tried in the Supreme Court. Today he has only gained the right, as an unjustly sentenced person to detention.
Now, in this debate about detentions, where today 5 teachers detained in Kamëz are also involved, we must set a standard. In this debate, you cannot answer with numbers and percentages, but with cases of justice and cases of injustice. The principle of justice is better a guilty person free than an innocent person in prison.
SPAK proudly says that we have only detained 40% of cases, but the first case that was tried by the detainees turned out to be wrong.
Now, who is responsible for the Thoma Gëllçi drama and who will be responsible for dozens of other cases that will result in wrongful arrests in the future, when the cases all land in Strasbourg?
Anyone who thinks that in Strasbourg it is considered normal to be arrested once and then find evidence may be a persecutor, but not a prosecutor.
Whoever thinks that in Strasbourg it is considered normal that in the preliminary hearing, when putting people in prison, you can say to the person under investigation, "you know what I do", "filth", "pathological liar", "dirty", etc., must be a neighborhood gangster, not a prosecutor.
Anyone who thinks they can intimidate witnesses by digging into their private lives to force them to make false statements are not people of justice, but perverts.
And everything they have done in the investigation process will one day go to Strasbourg and will not appear before the eyes of Albanians, those who boast that they are conducting punitive campaigns against corruption, throwing "facts" at them like food for the dogs of the crowds, with details from their private lives or their assets, which are automatically considered crimes.
Punishing corruption should lead our society to an anti-corruption culture and create a distance between the administration and corruption, not the creation of people's courts, because we had the best ones in the world during communism.
The case of Thoma Gëllçi is the first confrontation with the new justice system according to Western standards, and our justice system has remained in the classroom. Beyond that, Thoma Gëllçi remained in prison due to her arrogance, and dozens of other middle and high-ranking officials, professors or experts, have been sent through SPAK and the Court with security measures, as prisoners or forced to appear for cases that may ultimately result in a fiasco.
And this is an unnecessary war balance of the new justice. Impunity for corruption in Albania is a serious wound, but this is not healed with propagandistic sentences and spectacles of imprisonment, but with the establishment of high standards of investigation, the same for everyone, and with the priorities that criminal policy should have, in a country that has begun to be formalized after 2008. All the rest, then, turns into witch hunts and the destruction of human lives, which have no price to pay.
Lini një Përgjigje