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"It seems that there are facts that convince even an external observer", Manjani: The Constitutional Court's scandalous argument for Ilir Meta

2026-04-09 08:58:00Aktualitet SHKRUAR NGA REDAKSIA VOX
Star Manjani

Former Minister of Justice and lawyer Ylli Manjani has reacted to the decision of the Constitutional Court of Albania on the Ilir Meta case, describing its argument as "scandalous" and dangerous for the standards of justice.

In a Facebook post, he dwells specifically on the wording used by the court, which states "it seems that there are facts that convince even an outside observer," raising concerns that this new standard risks replacing concrete evidence with public perception in judicial decision-making.

Ylli Manjani's post

“Public conviction” as evidence?! When justice is surrendered to perception...
****
The recent decision of the Constitutional Court of Albania to dismiss Ilir Meta's request is not simply a procedural act. It is an alarm signal for the way the reformed criminal justice system in Albania functions.
The argument used in the court's decision, that “...it seems that there are facts that convince even an external observer that the person may have committed the criminal offenses..”, is not only unclear. It is fundamentally dangerous!!
Because in essence, what is the court saying?
That it does not matter what is proven in the courtroom. It is enough to create a convincing perception outside of it.
The climax!
This standard is not legal. It is sociological. Even worse: it is propagandistic.
In a state of law, the security measure, especially detention, is not decided on the basis of what “appears”, but on the basis of concrete, verifiable and debated evidence in an adversarial judicial process.
Any deviation from this standard is a slide towards arbitrariness.
This formulation is not new, in fact. It was invented and used repeatedly by the Special Court of Appeal against Corruption and Organized Crime. Now it has been raised to an even higher level: it has been implicitly legitimized by the Constitutional Court itself.
Awesome legal science!!!
Well, let's continue the science a little, the essential question arises:
Who is the "external observer"?
The public? Opinion? The headlines of the portals? Who?!
Because in practice, "public conviction" is not created in a vacuum. It is fed every day by deliberate leaks of investigative materials, by selected wiretaps and by a carefully constructed narrative in the media. Our public is overflowing with the conviction that everyone steals. If this “public” is then used as a standard to justify the deprivation of liberty, have we entered a vicious circle:
accusation produces perception, perception produces security measures?!
Without even going through a trial.
This overturns one of the eternal principles of law: the presumption of innocence. Instead of the state proving guilt beyond any reasonable doubt, the individual is kept in prison because “it seems as if he might be guilty”.
In this logic, the criminal trial in Albania is no longer the place where the truth is discovered. It has become a formality that comes after the actual sentence with detention.
On the other hand, if it is enough to convince the public to take measures against an individual, then the question that naturally arises is:
Why do we need courts?
If the real decision is made on television screens and in leaked files, then the courtroom remains just an institutional decor.
This is no longer a problem of one case. It is a model that is being consolidated.
And every such model has a cost, not only to the individual who is its subject today, but to the very faith in justice tomorrow.
Reform is no longer enough. Overthrow is needed.


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