Three key representatives of the international community in Albania spoke at the Judicial Reform Conference on June 8 stressing the need for systemic change to address corruption and end impunity for all judges, prosecutors and lawyers who are involved in corruption.
The ambassadors of the European Union, the United States and the OSCE spoke as parliament prepares to discuss a comprehensive justice reform bill. We are bringing you their comments in full.
Head of the EU Delegation to Tirana, Ambassador Romana Vlahutin:
The fundament of a social contract between citizens and their democratic states is the trust of citizens in institutions, regardless of who is elected to govern them.
The fundament of the community of EU Member States is the trust of member States in common standards that institutions in all of them have to adhere to.
This is what the reform of the judiciary needs to accomplish – a new trust of Albanian citizens and international partners in the Albanian judicial system.
This is a task beyond and above any other that Albania has gone through, and will go through, in its integration process. I am not talking only about new legislation and constitutional changes here, but a new order of checks and balances that will make the implementation of new justice in Albania possible and protected.
This reform has to be comprehensive, very deep and without compromise. It is not only about the system, or only about the people, it is both.
Reform must ensure that it would be impossible to have corrupt judges in the judiciary, and to have a judiciary that would make it impossible for judges to be corrupt.
It must ensure that it would be impossible for any prosecutor not to investigate all allegations of corruption, and for those who are corrupt to think that they will never be prosecuted.
And it must ensure that, with no exception, all are equal before the law.
There is no such thing as a perfect democracy, but in a truly functioning one no telephone calls, visits in expensive big cars, fat envelopes, or promises or threats of any kind, should have an ambition to be above the State. Or to believe that they are the State.
This is why the upcoming reform must cut deep, and must do it with surgical precision.
It has to ensure clear separation of powers, and should bring an end to any control of executive over judiciary.
It equally must ensure full independence of the prosecution from any political or other undue influence, especially prosecution of high level corruption and organised crime cases.
But first and foremost it must ensure accountability of those in the system, prosecutors and judges alike. We do not want to see the situation where people who are corrupt, or ignorant, or abuse the system, are protected, and where culture of impunity is taken as a standard.
At the same time, honour and dignity of all those who are doing their jobs with utmost professionalism need to be respected. Those who are not will have to go.
If there is something I really don’t want to do is to behave or sound patronising. Using word must I just want to emphasise that all of the things mentioned so far are necessary prerequisites for Albania to start its future negotiations in chapters 23 and 24 in an effective and successful way.
Member States will appreciate good legislation, but will much more look for its implementation, and a very clear track record. In translation, it means that those who abused the law will have to be investigated and face the consequences.
EU commends the work that the Ad Hoc Parliamentary Committee on Judicial reform has done so far, and the resolve of its chair, Mr Fatmir Xhafaj. But our special gratitude should go particularly to experts who are working very diligently on proposing the best solutions that would be aligned with the EU highest standards, and would equally cater for the specific needs of Albania at the same time.
International community, including our own project Euralius, has been with the Committee since the first hour of the first day of their work.
We regret that the members of the opposition have still not taken their seats around the table, and I would plea with them once again to do so. This should be not a reform for one of two elections cycles. Albania cannot afford short term or any group of interest-driven solutions. Albania needs an all-inclusive, thorough, constructive dialogue on major changes like this one.
Everybody in this country who has been elected to represent the people, be it in the government or in the opposition, is equally responsible for the results of the reform. It is an open process, discussions are co-chaired by the international experts, and all those who are willing and interested in ensuring quality and seriousness of change are invited to do so.
International community has been assisting, is assisting and will assist in the future. But democracy cannot be lived through a proxy. International community cannot change your country for you.
This is your State and it is your responsibility. Albanian citizens very clearly want Albania to become a member of the European Union. Standards are clear, they are same for all and are non-negotiable. Other countries have gone through this, Albania will do to. Please double your resolve.
Bring trust back into the society, create trust in the rule of law, and that all are equal before it. Albania needs it and deserves it. Corrupt judges and prosecutors should know that change is coming.
U.S. Ambassador Donald Lu:
Mr. Prime Minister Rama, Speaker of Parliament Meta, Chief Justice Zaganjori, Ambassadors, Ladies and Gentlemen,
In your justice system, some people need to be fired for corruption and some people need to be put in jail. In a survey of judges financed by USAID, 25 percent of judges said the system was corrupt and another 58 percent said that the system had a public perception of corruption. In a system where even judges agree that there is corruption, this necessarily means that judges, prosecutors and lawyers must all share responsibility for giving and receiving bribes. But, I also believe there are some experienced, qualified and honest professionals who should be allowed to work in a judicial system free of corruption.
In addition to being accountable on corruption, your judicial system must also independent to resist political pressure. In this same survey, 7 percent of judges said that the Albanian judicial system is not free from political interference and 50 percent said it was only partly free. Judges and prosecutors should make decisions based on the law and evidence, not the influence of political or private interests.
Finally, the judicial system needs to prosecute more serious crimes. Today many known organized crime figures and corrupt senior officials walk the streets of Tirana with no fear of prosecution. The European Committee on Efficiency of Judiciaries ranked Albania the lowest of all of the 25 countries surveyed in terms of serious crime prosecution. In a NATO country with aspirations of EU membership, political and criminal elites cannot operate with impunity.
This is all a very ambitious list of reforms. If achieved this could be the most important reform since the fall of communism. To accomplish this, the best Albanian and international experts must participate. The opposition has political interests in ensuring that the judicial system remains independent of political influence. It also has top legal experts. There can be judicial reform that upholds international standards without the opposition, but it will be better and more sustainable in Albania with its active participation.
We believe in the value of this reform. We pledge our support for this process. And corrupt judges and prosecutors should know that change is coming.
Head of the OSCE Presence in Tirana, Ambassador Florian Raunig:
It is an honour for the OSCE Presence to join with you today to mark the publication of the Analysis of the Justice System in Albania. This is a milestone in democratic reform. It stands on a very solid foundation: it is based not just on two months’ work by national and international experts, but on 24 years of transition and reflection. For, in preparing the Analysis, the experts have reviewed and taken into account all the studies, assessments and recommendations made since 1991.
The OSCE Presence, as a traditional partner of Albania in rule of law reform, is proud to celebrate this achievement. Our tradition is one of quality. In every piece of legislation we assisted with over the past 17 years, we supported excellence in law reform. This is not just quality of the wording of the text, but, equally, quality of democratic process.
The first principle of democratic process is inclusiveness. Inclusiveness is essential to sustainability, to the implementation of the resulting reform over the long term.
The democratic process is inclusive when all have the opportunity to contribute, and all contributions are valued. Beyond the experts, this means that all stakeholders in the justice system and all those who use or benefit from it have the opportunity to participate. Opportunity has two parts: occasion, such as broad consultation and townhall meetings, and time, the time to study, discuss and respond to proposals.
I regret that at this stage, not all political forces have taken the opportunity to participate in this process. They should not exclude themselves from shaping the future of Albania.
The next critical process element is speed: the reform should proceed without delay or hesitation, but without haste. If we cut corners on the democratic process, there is a risk of making mistakes, of solving today’s problems while creating new problems for tomorrow.
The experts are considering very serious and important legislative and constitutional amendments. At the level of leadership, we must look beyond these amendments, with a view to their implementation. Implementing new laws has been a challenge in the past, but it is a challenge we can face together now, in anticipation of a better future. That requires planning, however.
Now, even as the experts are working on legislative measures, is the time to develop an agreed implementation plan. Let us work together to create a Strategic Plan, with a holistic vision for the justice system of today and of tomorrow. That Plan should include management measures, such as introduction of Active Case Management in all district courts, needed before amendments can enter into force.
The Strategic Plan should identify immediate, medium-term and long-term amendments. It should calculate resource needs and areas where further research is needed to answer critical policy questions. It should also identify training needs, for judges, lawyers and others to learn to work with the amended legislation.
The OSCE Presence shares the concern for improving accountability in leadership, in the justice system and in all institutions. Corruption is one of the main impediments to progress in Albania: to accelerate the development of this country, we need to cure it from the cancer of corruption. We know this disease has affected many layers of society and public institutions, including the judiciary. It is important to emphasize, however, that anti-corruption measures need to be mainstreamed in all institutions. They are not only a matter of investigation and prosecution.
But let me further emphasize the responsibility of the leading officials, as well as of the institutions of this country, including the justice system, to not only resolutely fight corruption, but also to lead by example. Albanian leaders and decision makers have the obligation towards their citizens to be transparent, accountable and – last but not least – honest.
In conclusion, I would like to congratulate all of you who participated in the preparation of this comprehensive analytical document, in particular the parliament, the Chair of the parliamentary reform committee, Mr Xhafaj, and all the experts.
This document constitutes an achievement in the reform process, and is a serious first step. Let me express my hope that this multi-layered, multi-step process of justice reform will lead to a fundamentally renewed and trusted judicial system. A judicial system for a just society, in which all citizens – from the most vulnerable to the most powerful – are accountable for their actions and can receive justice.
