FLASH
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The Special Court refutes Berisha: There was no clash with SPAK
The Special Court has rejected the statements of former Prime Minister Sali Berisha that there is conflict and tension between GJKKO judges and SPAK prosecutors.
Today, the next hearing on the "Partizani" file was held, and after its closure, Berisha told the media that SPAK pressures judges to open files if they oppose it.
According to him, “these days Altin Dumani almost physically fights with a judge.” But the GJKKO rejects these claims, stating that they are independent and not influenced by anyone.
" The Special Court categorically denies any allegation alluding to inter-institutional clashes or tensions with the Special Prosecution Office against Corruption and Organized Crime, which, in accordance with its constitutional and legal role, is a party to the judicial process and as such, does not and cannot have any competence to influence the court's decision-making. The Special Court emphasizes that there is no institutional or personal conflict with any of the parties in the aforementioned criminal case, including the Special Prosecution Office. The relationship between the court and all parties is based on respecting the respective role and competences of each procedural subject, in order to develop a regular and fair judicial process ," the GJKKO states.
In the end, the Special Court states that it remains steadfast in its mission to guarantee fair, equal and independent justice for every citizen of the Republic of Albania.
Full statement
In response to the public/media interest in the “Partizani” file, in charge of the defendants Sali Berisha, Jamarbër Malltezi, Fatmir Bektashi, Xhimi Begeja, Andia Pustina, “Studio Pustina”, “Studio Homeplan” and “Shoqëria Kontakt”, as well as today's reports in several media outlets regarding an alleged institutional conflict between the Head of the Special Prosecution Office against Corruption and Organized Crime, Mr. Altin Dumani, and one of the judges of the Special Court of First Instance for Corruption and Organized Crime, this court clarifies with determination and clarity that such a conflict does not exist and has not existed.
The Special Court categorically denies any allegation alluding to inter-institutional clashes or tensions with the Special Prosecution Office against Corruption and Organized Crime, which, in accordance with its constitutional and legal role, is a party to the judicial process and as such, does not and cannot have any competence to influence the decision-making of the court. The Special Court emphasizes that there is no institutional or personal conflict with any of the parties in the aforementioned criminal case, including the Special Prosecution Office. The relationship between the court and all parties is based on respect for the respective role and competences of each procedural subject, in order to develop a regular and fair judicial process.
This court functions as a completely independent and impartial judicial body, in accordance with the fundamental constitutional and legal principles of the rule of law. The independence of judges is enshrined in Article 145 of the Constitution of the Republic of Albania, as well as in the organic legislation on the justice system, including Law No. 96/2016 “On the status of judges and prosecutors in the Republic of Albania”, Law No. 98/2016 “On the organization of the judicial power in the Republic of Albania” and Law No. 115/2016 “On the governing bodies of the justice system”.
The judges of this court judge on the basis of evidence, interpreting the law with impartiality, professionalism and high integrity, guided only by their inner conviction and by the law, free from any external influence or political and media pressure. We emphasize that any direct or indirect interference in the work of the court constitutes not only a serious violation of the principle of separation of powers, but also a violation of the constitutional and legal order in the country.
The Special Court of First Instance for Corruption and Organized Crime remains steadfast in its mission to guarantee fair, equal and independent justice for every citizen of the Republic of Albania. We will continue our work with determination in full respect of the Constitution and the law, guaranteeing transparency and accountability to the public, but without allowing this transparency to become a means of pressure or to undermine the integrity of judicial decision-making.
We invite the media to support efforts to strengthen the rule of law with accurate, verified reporting in accordance with professional reporting standards.
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