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The court as notary of SPAK / Prison for any charge, even when the law is violated

2023-01-08 17:40:10Fokus SHKRUAR NGA REDAKSIA VOX
The court as notary of SPAK / Prison for any charge, even when the law is
Enver Sheshi, judge Ilirjana Olldashi and SPAK building

The tragic case of Enver Sheshi, who died in the harshest and most notorious detention cells in Albania, reveals to the square a 'side effect' of the justice reform that few could have predicted.

Keeping the deceased in a cell, even though he submitted to the courts a bunch of documentation proving his health problems, raises strong suspicions that in an effort to do justice, freedoms and basic human rights are being violated with both feet.

Violations stem from the legal, but more than legal, public 'power' vested in SPAK. The Special Prosecutor's Office is legally responsible for raising charges and requests for security measures, based on the dangerousness of the persons under investigation.

Then, regarding these accusations and security measures, the court should legally have the last word. But, in three years of SPAK and special courts, the cases where these courts have decided differently from the requests of special prosecutors are almost zero.

This is also reflected in SPAK's annual reports, where for the years 2020 and 2021, the austerity security measures approved by the court go up to 90 percent of the total demands of SPAK.

More than a good work of SPAK, the figure suggests that it is the court itself that has transformed in this case into a notary of the special prosecution and the special prosecution has de facto taken over the power of the court.

The most typical example is the case of Enver Sheshi, for whom the lawyers asked for the relaxation of the security measure to allow him to receive proper health care, while SPAK requested to be released under the security measure of prison arrest.

The court, in the decision made by judge Ilirjana Olldashi, ignored the evidence presented in the 59-year-old's health file and, moreover, did not also ignore the fact that the deceased was investigated and convicted in a case for the same charge of evasion as the Fier incinerator.

As in the case of Sheshi, there are plenty of other examples. In all cases, before the law of evidence, the court decided the requirements of the SPAK, transforming with or without intention from a body that has the main word in a judicial process in a notary office.

This is the main side effect of justice reform, the consequences of which may be even more severe in the future if special courts do not curb the appetite of special prosecution, which is more than justice, with the often absurd demands to keep treated in the cell as dangerous criminals, persons under investigation, balances are needed for annual reports.

In these reports, for two years, the high number of security measures, arrest and imprisonment, have been presented as an indicator of success, even with an attempt to sell this as an indicator of the quality of investigations. But, only the case of Arben Ahmetaj and the exclusion of the evidence showing his benefits from Klodian Zoto, suggests that SPAK 'finds the needle in the haystack', but does not see the 'beam in front of its nose'.

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