“Judges, not above the law”

“In the efforts to pass from one society which is deprived from democracy and individual freedoms, where the constitutionality and rule of law principles are prevailing, the work and contribution of the justice system are irreplaceable. But naturally, this is not easy. In a society where the political interests or other ways of pressure on the judicial system try to impose the decision-making and partiality of justice institutions, judges are the ones who must keep their interests clean, in order to give justice, to guarantee the independence of the democratic institutions and the power division principle. These principles are often very delicate and difficult to be found in a written form on the Constitution or other laws, and for this reason, the work of judges is beautiful and difficult”, Topi declared.

The US Ambassador in Tirana, Alexander Arvizu, returned to the immunity issue for judges and politicians, as an obstacle for the investigations but that is reflected in the public perception. However, as for the limitations, the US diplomat appealed several times in different times, but everything has remained in a level of declarations.

“I also want to mention a matter that I don’t know if it has been treated by your countries, but in Albania it is problematic: the immunity of judges. In this country and maybe in some other countries, the judges, MPs and other high rank officials enjoy a very wide immunity, not only from criminal prosecution, but also from being investigated. No investigation can be held since there is immunity, destroying this way the necessary discretion for successful criminal investigations. If you want to improve the public’s perception for the judicial system, the judges should not be over the law, especially the criminal law”, Arvizu declared.

The President of the Supreme Court, Shpresa Becaj, raised her concern for blocking the legal reforms, which have affected their daily work in courts.

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