“The high-rank corruption in the judiciary brings serious obstacles for
the justice system in Albania and undermines the public’s trust on
justice and the rule of law”.
This is a conclusion of 25 pages, planned by the Commissioner for Human Rights at the Council of Europe, Nils Muiznieks.
“The authorities should increase their efforts to make sure that all judiciary corruption cases will be investigated and prosecuted effectively”, the report conclusion state.
The national strategy and the action plan regarding the reform for reinforcing the judiciary in Albania are some encouraging measures, according to the Commissioner, but there is the need for more determined actions, including more transparency in appointing and evaluating judges, and procedures based on merit.
“If the justice system doesn’t work efficiently, then the country has a major problem, since the human rights cannot be addressed properly. I am happy for the initiatives taken by the government, focusing on the adoption of the legislation through special programs for fighting corruption, including the readiness to cooperate with the Council of Europe, the Commission of Venice for reforming the justice legislation. I want to value the eradiness and good will of the Interior Minister, Saimir Tahiri, for fighting corruption in the Police. I wish that these efforts continue, because it is clear that there is still much to do”, the Commissioner declared.
The Commissioner asked for a reinforcement of the High Council of Justice, which guarantees the integrity of the Albanian judiciary.
“The members of this council must be voted with qualified majority in Parliament, and need to exert their influence in the appointment, promotion and disciplinary proceeding of judges, including those of the Supreme Court”.
The Commissioner has invited the authorities to take the appropriate legislative measures that could enable the approval of the Prosecutor General through a parliamentary voting with qualified majority, after the President appoints him.
The report also mentions the January 21st issue.
“The old problem of mistreatment and impunity for human right violations committed by the law enforcers, including the violent events of January 21st in Tirana, are still a very serious concern”.
The Commissioner of Human Rights says that the acts that have been reported as illegal and that have been carried out by the National Guard during the January 21st events need to be urgently investigated, for bringing the authors to justice. The Commissioner underlined that the role of the Minister of Justice in the disciplinary procedures against judges, brings serious concerns that are related with interventions in the independence of the judiciary. Ayuthorities are encouraged to take the necessary measures and make sure that the Minister of Justice will not be anymore involved in decisions that are related to the disciplinary measures against judges. It also underlines the long delays of trials.
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