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Exceeding deadlines undermines trust in the new justice system!

2026-08-25 10:06:29Pikëpamje SHKRUAR NGA ZYLYFTAR BREGU
Exceeding deadlines undermines trust in the new justice system!
Zylyftar Bregu

The "Beqja" file, among others, showed that the new justice system is demonstrating the same signs as the old one: A person with two separate trials in the same special structure (SPAK and GJKKO), accused of a structured criminal group, but is tried in separate trials by his associates.

After 25 months in prison, the court is forced to release him, without completing the trial on the merits.

While the court is expected to deliver a verdict on the guilt of the important arrested, they are being returned to freedom through procedural tricks. This situation puts SPAK in a difficult position before the public opinion. It seems that the arrests were mostly made to “quench the hunger” of the public opinion that believed in the powerlessness of the justice structures to investigate the untouchables.

As a consequence of the first, a "public trial" should also be carried out, in some cases even with the very materials that SPAK or GJKKO leaked to journalists.

The public trial certainly takes place faster than the criminal trial, but 25 months is enough to complete even the criminal trial and to establish the finality of the guilt or innocence of the accused.

With the same logic that the public trial for Beqe's guilt was conducted, from the moment of his arrest on July 4, 2024, his "amnesty" began on July 31, 2026, when the court released him from prison "to terminate the security measure". Public opinion does not build its narrative with the logic of the Criminal Procedure Code.

In fact, the case of the Minister of Health is not the only one that shows that the results of the new justice are not what was expected. Even the defendants in the "Llogaraja" file, where Deputy Prime Minister Balluku is also implicated, Gentian Gjyli and Erald Elezi escaped from home isolation to return to normal life, with the obligation to report once a month to the BKH officers. The reason is the same: The investigation or trial have not been completed within the time provided for by the Albanian criminal procedure code.

SPAK and GJKKO have the obligation to demonstrate to the expectations of the Albanian public opinion, at least a model judicial process. In this way, GJKKO also respects Article 342 of the Criminal Procedure Code, which states that the trial must be conducted without interruption. From the current calendar, especially for cases of high public interest, the periodicity of sessions in GJKKO, exceeds the one-month intervals from one to the next.

The files opened by the special structure are of high public interest and their delay "feeds" the deep-rooted belief that despite the propaganda about the new justice system, nothing has changed.

The commitment of investigative and judicial structures to cases of high public interest is recognized throughout the world.

The trial of Marine Le Pen began on September 30, 2024 and ended on March 31, 2025 (there were over 20 defendants). But the process and the decision were considered very important by public opinion, because they directly affected Le Pen's ability to run in the presidential elections in France.

While the investigation and trial of US police officer Derek Chauvin, who killed 46-year-old George Floyd on May 25, 2020, lasted only three weeks. Even in this case, the behavior of the justice structures was crucial for US public safety.

The reasons why the sensational arrests of high-ranking officials in Albania are deflating like balloons may be numerous, both objective and subjective in nature. But some of them (articulated from time to time) already seem to have been proven.

In some cases, SPAK and GJKKO have rushed into arrests without sufficient evidence. They even fail to secure this evidence during the investigation. The arrest and detention for 7 months of the General Director of RTSH, Thoma Gëllçi, is the most significant case of this practice. The European Court of Human Rights has considered that the arrest was carried out without sufficient evidence. Thoma Gëllçi has been acquitted.

The comfort that SPAK creates for itself to work calmly with the suspect in custody would be justified if the evidence were provided, even within the legal deadlines, but cases are showing that SPAK's "calmness" goes beyond these deadlines. Not even the court that should control the progress of the investigations, disrupts SPAK's "comfort".

In some cases, arrests are made in the hope that evidence will come from the countries where the suspect's criminal activity is spread. But, even if this is true, it would probably be better if the arrests were made after the evidence arrives. Special structures cannot operate according to the principle of "fish in the sea and frying pan in the fire".

If the arrests were hasty and the results of the investigations during the detention period were not what was expected, the "extinction" of security measures seems like a "regretful reflection" for the haste of the arrest decision.

For all these dynamics, it seems that more than SPAK, "the ball is in the hands of the GJKKO", which has the procedural obligation to control the quality of the investigations at every stage.

The court cannot be satisfied with simply stating that security measures have been lifted without reflecting on the circumstances that led to them. If they cannot control the investigative structure, they will prove that we are in a 'prosecutors' republic'.


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