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When principles go awry

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14 years ago
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Opposition choice for deputy head of High Council of Justice and silence over the Kajolli case show Socialists are willing to step over their principles for political gain or self-protection.

Tirana Times Editorial

Tirana, April 12 – This week has brought two news stories that indicate Albania still has big problems with the justice system and that politicians – both in opposition and power – are not doing enough to raise the bar for the rule of law in this country.
First, the arrest this week of Fatmir Kajolli, an Albanian businessman and local legislator, has everyone questioning how a fugitive sentenced twice by Italian courts on drug-trafficking charges could have escaped any action from Albanian authorities while building a public profile as a businessman, local politician and political insider.
The man has been convicted at all levels of Italian courts. Even the European Court of Human Rights in Strasbourg sided with the Italian courts, yet as Kajolli refused to face Italian justice, Albanian officials did nothing to honor an international warrant in place for a decade. To make things worse, this international fugitive was elected to a local legislative body and through his company was able to win public tenders.
Someone needs to explain why this happened. The interior minister’s excuse over the extradition treaty not being valid before September 2011 is not enough, since seven months have passed since then.
We are not just dealing with corruption in this case. It’s worse than that. In Albania sometimes there are no borders between public and private offices. That’s part of the story here. But what’s even worse is that the in a country that aspires to be an EU member someone convicted to 40 years in prison not only refuses to face justice, but is also elected to local government and served on the ground assisting in the election of governing coalition members of parliament.
And all this is done as the opposition stays silent on the matter. It too might have a few skeletons in its closets, so perhaps it doesn’t pay to attack the government on the basis that the fugitive from justice was elected as part of the ruling coalition.
The opposition and its willingness to walk over its principles are also involved in the second story – the Socialists’ choice for the post of deputy head of the High Council of Justice. Lawyer Ardian Visha came as a surprise to many, because Visha was the defense attorney of Fatmir Mediu, former defense minister and now environment minister who was accused for being partly responsible for the deaths of 26 people at the 2008 Gerdec explosion.
The decision by Socialists to propose Visha is perplexing as they had spearheading accusations against Mediu. The Socialists lost the vote, and the candidate proposed by the Democratic Party, won, but in not picking a better candidate the Socialists also risk losing some public support. They had hoped to get some votes from ruling coalition MPs for Visha, but the strategy backfired.
At this point we are not just talking about a lack of principles by opposition. It shows some a good reason why there is little public trust in its ability to bring change, since it is ready to go against its own principles to win a parliamentary vote.
The High Council of Justice is an important organ for the functioning of justice in Albania. And even if we take for granted that the opposition candidate is a good and competent lawyer, that is not enough to even get a the council seat.
Also, good lawyers everywhere have made a career out of protecting innocent people and criminals alike, as even a murderer has the right to legal protection. But ability to lead one of the highest justice institutions in Albania should not be measured on how many people you kept out of jail, particularly in a justice system in taters like that of Albania.
It’s true that Visha defended Mediu as a private-practice lawyer, but anyone familiar with the nature of attorney-client relations in Albania, would agree the Socialists should have made another choice for one of the most important posts in the Albanian judiciary. If Visha is what the opposition refers to as Albanian Rebirth, of which Socialist Edi Rama speaks so often, then the baby has been stillborn.
At the end of the day, it was not really important if the opposition candidate won or not. What’s important is that the opposition showed frightening standards in making its choice.

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