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The closure of the Turkish college, the Helsinki Committee raises questions about the Court's decision

2022-10-07 19:12:27Aktualitet SHKRUAR NGA ARMAND MERO
The closure of the Turkish college, the Helsinki Committee raises questions
View from the protest of "Mehmet Akif" college students that took place on September 26

The Albanian Committee of Helsinki raised questions about today's decision of the Administrative Court of Tirana, which overturned the request of the Turkish college Mehmet Akif for the suspension of the government's decision to close this private educational institution, until the merits of the case are heard.

The court rejected the request "without summarily justifying the reasons that justified the application of the legal framework cited in the announcement of the interim decision", explained in a statement the Hellenic Committee, whose representatives monitored the two hearings held in the Administrative Court on this issue .

The court did not take into account the arguments of the College according to which the decision was an extreme measure, given that, as stated during the session and the defense lawyer, the violations and problems found were of a small nature and not so disturbing. According to the lawyer of the College, the remarks by the inspectors of the Ministry of Education had to do with the angle of light in four classrooms, and with some interventions in the gym.

The representatives of the Ministry, for their part, claimed that the College had had enough time to fulfill the required criteria, but that it had not intervened, and in the meantime had started the new school year without receiving the approval of the Ministry.

The experts of the Albanian Committee of Helsinki, for their part, said that "the judicial investigation was limited and did not deepen substantially in the clarification of every procedural moment on the documentation presented by the parties, with the value of the evidence", explaining that "in function of a complete, comprehensive and objective judicial investigation, the court did not consider it necessary, in terms of the serious and irreparable damage referred to, to investigate the damage that may be caused to the students of the College, in order to assess the violation of the highest interest of children (students) from the closure of Mehmet Akif College".

Also, in the statement of the Helsinki Committee on monitoring the process, it is noted that "the behavior and the way in which the questions for the parties were formulated by the judge, created questions regarding the principle of impartiality and adversariality. The parties, in the phase of their legitimization and following the presentation of submissions and evidence, were not placed in equal positions in the eyes of the public and elements of bias were observed".

For this, the experts of the Helsinki Committee brought several examples: "the judge did not follow the same standard in verifying the documentation presented by the parties"; some interventions by the judge that "implied the attitude of the Court towards the Foundation (College ed.) that should not have transferred the educational activity to the new building"; or the fact that "during the questioning process, there were also suggestive elements in the questions addressed to the parties".

The college is part of the Gulen Foundation, which belongs to Turkish cleric Fetulla Gulen, considered by Ankara to be the mastermind of the failed coup of 2006. Turkey has repeatedly called for the closure of activities funded by him. And the decision to close the College has been seen as a result of this pressure, although the Albanian authorities have insisted that their decision is strictly related to the implementation of the law.

But also for the decision to close the College, the Albanian Committee of Helsinki, after verifying the documentation, came to the conclusion that "the procedures of the authorities for the closure of the Turkish College "Mehmet Akif Ersoy" do not meet the standards of the regular process, resulting in the granting of a harsh, hasty, disproportionate measure with harmful consequences".


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