Pango at the Supreme Court

The Court has received an appeal from Ylli Pango, after the Court of Appeal decision. Top Channel published on 4 March 2009 a video that showed Ylli Pango, then Minister of Tourism, asking sexual favors in exchange of a job.

Pango considers the facts as untrue, manipulated and a clear violation of his privacy. The Court of Appeal rejected his request and on 21 September 2011 returned it to the Court of First Degree, to be reviewed by another judge panel.

According to the Appeal, the Court of First Degree had procedural violations as regards the administration of the evidence and it also had contradictions in the arguments of the decision.

The Court of First Degree, led by Judge Agim Bendo, decided in favor of Ylli Pango and blamed Top Channel for publishing untrue and illegally obtained materials.

Judge Agim Bendo set a 400.000 EUR fine as indemnity, but the Court of Appeal returned the case since the Court of First Degree did not give arguments why the privacy has a priority towards the freedom of speech.

The European Court of Human Rights has clearly stated the borders between the freedom of speech and the privacy.

The Court of Strasbourg, with a similar case of a public figure, as a Minister is, was declared in favor of the public interest.

But the Court of First Degree in Tirana did not take this argument in consideration, although Mr. Pango was Minister of Tourism, Culture, Youth and Sports.

After the facts were made public, Pango was immediately discharged by the Prime Minister and his act was condemned by the entire political class.

The 400.000 EUR fine has also been mentioned in the US State Department report for the freedom of speech and human rights and at the European Commission progress-report, as the investigative journalism that fights corruption among high rank officials.

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