2026-10-18 14:28:13Pikëpamje SHKRUAR NGA EUGEN BECI

In tense protest situations, the justice system faces its greatest test: can it maintain its independence and apply the law equally, or will it be swayed by the pressures of the day?

From the point of view of criminal procedure and the rule of law, the standard must be clear and uncompromising:

1. Who punishes illegal police actions?

No uniform gives immunity. Illegal actions, excess of force or violent escorts by State Police officers must be investigated immediately by the Prosecutor's Office of General Jurisdiction (for enforcement-level officers) in cooperation with the AMP. This is not an option, but a legal obligation. The Prosecutor's Office must seize plans of measures, operation orders and video footage, treating police violations with the same severity as it treats violent acts by protesters.

2. The role of SPAK: "terrorist acts" and senior officials

When political discourse escalates by labeling developments as "terrorist acts," legal competence passes exclusively to SPAK. The law has given this competence to SPAK, just as it has given the competence to investigate high-ranking state officials or senior police leaders if they give illegal orders.

However, SPAK should act as an objective filter: the classification of an act as "terrorism" is made only if the specific elements of the Criminal Code are proven, and never on the basis of political statements or public emotions. SPAK should strike hard where there is evidence, and dismiss charges when they are merely political facades.

3. What does objective investigation mean?

Article 304 of the Code of Criminal Procedure obliges the prosecutor to gather evidence both to incriminate and to exonerate suspects. This means that guilt is not presumed. Any behavior—whether of a protester throwing a pyrotechnic device or a police officer using a rubber baton in violation of the rules—must be subject to the same standard of proof.

How is public trust restored?

Trust in justice does not come with statements, but with a "blindfolded" justice. The public will trust in the rule of law only the day they see that a police officer who abuses his duty, a high-ranking official who gives an illegal order, and a protester who commits vandalism, are held equally accountable before the law. Justice does not play politics; justice investigates facts!


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