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Manjani: The problem of the court today is not independence, but impartiality!

2025-08-31 10:39:10Pikëpamje SHKRUAR NGA YLLI MANJANI
Star Manjani

As the justice system is structured today, the court is highly protected from political pressure from the government.

Judges don't get a thorn in their side no matter how much the Prime Minister or his government ministers do.

From other politicians, no

In terms of political dependence, judges are fully guaranteed that no problems will arise. Unless they want to be politically dependent themselves. But this is an individual matter as long as judges have the right to choose like everyone else.

The real problem with judges is that they are hardly guaranteed impartiality in the process.

If SPAK, which is a party to the process, eavesdrops/intimidates judges in order to make a decision the way the prosecutor wants, impartiality is at an end.

I repeat, SPAK eavesdrops on the judge of the case in which it (SPAK) is a party.

Be careful, we are not talking about procedural wiretapping of another judge, but of one where SPAK is one of the parties. The case of wiretapping of 2 Constitutional judges, with a bandit wiretapping, within a case where SPAK is a party, is public proof of what I am saying.

Now imagine how impartial that decision is!!

This is the problem that needs to be solved, the impartiality of the court. Political subordination is a barren debate that leads nowhere. Moreover, political beliefs are personal matters. The only solution for the independence of the court is balance, but this is another topic that affects the high courts in the country and also requires a present opposition in institutional life.

But in any case, judges are not dismissed because the government wants them to be. This practice is now also reinforced by the reform.

An impartial court, that is, one that is impartial to the parties in a judicial process, is the essence of a real reform that must be made.

Today, the court is protected by Prime Ministers, but not by the protagonism of SPAK prosecutors. The latter wiretap and hold a public trial with those wiretaps!!!!

This is very serious for a democratic judicial system. There is no due process of law when one of the parties is given the right by law to intimidate the judge!!!

So the Prime Minister should be held accountable not for his jokes about the "rooster" or the "roosters" of justice, but for not directing the political debate towards the need to establish an impartial court in the country. What the Prime Minister is doing today is public comment on certain decisions, just as anyone comments when they lose a court case.

Comment is neither interference nor intimidation. Wiretapping is. Wiretapping dictates the decision and makes the court take sides.

That is why I say that the impartiality of the court is the essence of justice.

We need reform, people, not talk!


Në përputhje me standarded JTI

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