FLASH
Shkruar nga Pamfleti
Four years of postponed hearings, tolerated absences and "sick" prosecutors on the day of the trial; justice for 26 victims is being closed on the table, with the scenario of a state that simulates a trial, but grants silent amnesty...
With the continuous postponement of court hearings against former Defense Minister Fatmir Mediu for the "Gërdeci" file, SPAK prosecutors and GJKKO judges are confirming three repeated clientelistic practices in the treatment of senior officials:
The first is the deliberate procrastination of processes, with the aim of diminishing public interest and bringing cases to a close through formal procedures or exceeded legal deadlines.
The second is the underground, but legible, bargaining between prosecutors, judges, and investigated officials, which occurs under the direct influence of political, economic circles, or personal connections.
The third is the inequality of treatment and selectivity in the trial of defendants, where some former officials face harsh justice, while others, even for serious crimes, are tried at large, creating the perception of the purchase of justice and of a system that self-accepts its own degradation.
In the specific case of the "Gërdeci" case, where Fatmir Mediu is officially the defendant for the tragedy with 26 victims, two direct questions arise: Is the former minister ignoring justice himself, by not appearing in hearings for four years in a row? Or are we dealing with a silent, well-coordinated bargain between Mediu and the leaders of SPAK and the judges of the GJKKO, to endlessly drag out the process to the point of its closure without conviction?
If these suspicions do not hold, the leaders of SPAK and GJKKO are obliged to publicly explain why the process against Fatmir Mediu is dragging on for four years in a row, with an unprecedented number of postponed hearings and with the same justification: the absence of the defendant. According to the Code of Criminal Procedure, if a defendant avoids the trial with subjective justifications, he must be brought to the hearing by force after the third time. If he is not found, the trial is held in absentia with a defense attorney appointed by the court. If the attorney is also absent, the prosecutors are obliged to request the appointment of a defense attorney.
But in reality, Fatmir Mediu is neither hiding, nor is he sick, nor unable to participate. In fact, on at least seven occasions he has appeared publicly at conferences on national security and the fight against crime, alongside the leaders of SPAK, GJKKO, SHISH and the State Police. So, a defendant in a sensational case with 26 victims, who appears on panels to preach equality before the law, while his legal process is endlessly postponed by the same institutions that applaud his speeches.
Since May 2021, the process known as "Gërdeci" has entered an organized cycle of delays. Suffice it to mention the fact that on May 22, 2023, SPAK prosecutors officially declared that they would file the claim against Fatmir Mediu at the May 24 session. The court declared the closure of the judicial investigation. But everything was suddenly canceled. The session was postponed with the excuse that the prosecutors were "suddenly" ill, the claim was not read and since then the process has entered a phase where every session is a postponement, with the standard excuse that "the defendant did not appear".
This is no longer just a procedural scandal. This is a deliberate scenario to lead to failure one of the most important processes of Albanian justice in the post-reform era. Postponing hearings, tolerating the absence of the defendant, the silent cooperation of judges and prosecutors with a person who should be in the dock and not on the conference panels, clearly show that justice against Fatmir Mediu is not being implemented. It is being simulated. And this is no longer a technical issue. It is a compromise of justice, cooperation for impunity and the biggest institutional bargain that is happening before the eyes of the public, in silence, but with political permission. / Pamphlet
Lini një Përgjigje