Apparently, tolerance has been mistaken for weakness.
The commanding head of the First Instance Criminal Court continues to reject any reasoning, any logic, and any objection. He acts as if a personal decision is above the law, above institutions, and above the very principles upon which the justice reform was built.
What was once a courthouse now resembles a military barracks.
A court is not a military unit. It is not Guard territory. It is not a place where lawyers, citizens, and litigants are treated as if they were entering a military facility. The court is the place where the state demonstrates civilization, not force.
The National Chamber of Advocates has done the right thing by announcing non-participation in court proceedings under these conditions. This is not a boycott against justice. It is a boycott against the transformation of justice into barracks.
Even the OSCE, according to its public reaction, has expressed concern about the measures that distance the court from the standards of a normal judicial process. I do not believe that there is a serious institution of a democratic country that can consider the militarization of a court normal.
Within Albania, support for this model comes only from the government and the Xhafaj Commission, who placed the Guard at the doors of the court. But the Guard cannot become a symbol of the independence of justice. On the contrary, its presence turns the court into a space where the civilian climate is replaced by a climate of command.
That court today is competing with the courts of Iran, where their Guard is stationed!!!
Even more serious is the position of the Supreme Court of Justice. The institution that should govern the judiciary behaves as an administrative subordinate of a leader commanded by it. The Supreme Court of Justice is silent. It does not exercise its authority. It does not protect the normal functioning of the court. This is not governance of the judiciary.
The justice reform was not done to build barracks. The Constitution does not provide for courts surrounded by military rule. No law gives a commanding leader the right to change the nature of a constitutional institution at will.
If a commanding leader has the power to "turn a blind eye" to an entire system; if he does not consult the Supreme Court of Justice, the Chamber of Advocates, or international organizations that monitor justice; then let him see this absurdity through to the end.
Let him conduct his own trials.
Let him take his own security measures.
Perhaps it conducts the proceedings more comfortably without lawyers in the courtroom. Like Enver Hoxha's courts did!
I already have a proposal. The National Chamber of Advocates should extend the boycott to every process of this court, including security measures hearings.
When a court ceases to function as a court and behaves like a barracks, the problem is no longer a regulation. The problem is the very model of the exercise of power.
With this nonsense, there is no longer room for normal communication and cooperation. There is only room for a clear institutional stance.
A democratic court is not built with soldiers at the door. Nor with rules that replace judges with guard soldiers.
It is built by law, with dignity and respect for the liberal professions, litigants, the media and the public who are part of justice.
Until a commissioned court director and a High Court of Justice understand this, there can be no lawyers serving in barracks.