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Shouldn't vetting be done too !?
Written by Ramazan Sherja 27 Qershor 2022
A few days ago, the SPAK arrested the member of the Independent Qualification Commission, KPC, Etleda Çiftja, for false declaration and forgery of documents. Etleda Çiftja is the third judge to be charged with dishonesty in the exercise of her profession, after two other members, Luan Daci and Ardian Hajdari. Like the first two, this member of the KPC is expected to be suspended from office. When this happens, when those who have been selected as the best to judge and evaluate others, become the object of investigation and judgment, then everyone has the right to ask: What is happening with vetting !? And the prosecutors and judges dismissed from the body that also included these three members, have the right, not only to think that they are morally cleaner than such a judge, but also to file lawsuits against them. It has been almost 5 years since the two commissions, KPC and KPA, started their function, but in general their work has not been excellent in administering justice. A few months ago, the Assembly reached a qualified majority of votes to approve the amendment to the Constitution which provides for a 36-month extension of the term for the functioning of vetting bodies. In order to implement the Justice Reform, the Assembly approved the constitutional amendments on July 21, 2016, where out of 26 articles of the Constitution, which belong to the justice system, 21 of these articles were changed. To intervene twice in the Constitution and not have the expectation proper in results, is not an easy thing. Without denying the results achieved, the shortcomings and damages that have resulted from the improper functioning of these two Commissions should not be overlooked. It is true that 535 decisions have been made so far and 200 judges and prosecutors have left the system, but corruption has been on the rise and so has the illegal enrichment of the oligarchs. Statement by Ambassador Yuri Kim at the Anti-Corruption Conference: "You are at a critical juncture in your history. You have to practically decide which direction you will go: will you go forward or backward? Who will own your country? Organized crime will be dominated only by the oligarchs, or even ordinary people will have the opportunity to gain, to own property, to develop property, and to get rich. You have to decide ", shows that the results of the fight against corruption have remained in place. So in our country there were even oligarchs, because until now such a thing was not officially accepted! The dishonest functioning of the Vetting bodies, including the SPAK and the Special Court for Organized Crime, has not only distorted the justice system in some cases, but has also caused damage to the state budget. Thus, these commissions, having in their bosom people with moral and legal problems, have been influenced by various subjective circumstances and have removed from the justice system even prosecutors and judges who with their honesty, dedication and professionalism did honor to the Albanian justice. And the sane public, which knows them well, by name and surname, both the unjustly dismissed and the corrupt, asked: how is it possible that X prosecutor, or judge, was removed and others who are corrupt to the throat remained. But the damage is also material. The rightly corrupt outcasts enjoy the pristine wealth they have put at the expense of the citizens. Prosecutors or other judges, who have "successfully" passed the vetting, mock the lawsuits of citizens who have problems, as they have denounced with facts many times the investigative shows. Also, the Vetting Commissions, even though they were paid with high salaries, did not carry out certain tasks planned for 5 years. Thus, the additions for another 36 months of the vetting period, and the payments and other rewards for dozens of members of the commissions that will be made for a job that should have been completed, weigh heavily in the pockets of Albanians. The reform to reduce the number of first instance and appellate courts is another cost for Albanian citizens and justice. This causes citizens to wander and trials to drag on. I have personally conducted several politically mounted trials of Berisha's "justice" since November 1994 until 2014, which although I have won with great sacrifices in honesty and confrontation with facts, I have not yet received the reward due to me under the law. There are judges and prosecutors who have deliberately given unfair decisions, and they not only continue to judge according to their whims, as they have now "thrown the river", but some have also made a career. Even worse, others who have rightly left the system, not only have their assets not been affected, but have made a career in state administration. Isn't it time for vetting to become a vetting? Let the people know where they work, what to do with the illegal property of those who have left the justice system. Despite the fact that Vetting has been given full power by the Constitution, he should not return to the taboo, untouchable, that in this fragile democracy of ours no one is infallible. For this I have the opinion that the Parliament or another special body should be set up, professionally capable, with full competencies, to scan all the judges and prosecutors who have passed or have remained in the vetting and each to get what belongs to him, or to be punished if there are legal violations. Just one example is enough: how to explain the fact that all those who have not passed to the Independent Qualification Commission, after the complaint made to the KPA, have not won any, or any rare, that has had warm arms. It is logical for those who have not passed the vetting and claim that injustice has been done to them, to create the necessary legal space to complain at all levels of the judiciary and for the truth to come out and for the public to be convinced. And how can there be a law to block the way of a citizen and not allow him to go to all levels of the court for the injustice done to him. "Right is not something one's give," says one philosopher, "but something no one can take." I say this because I know judges and prosecutors who are "burned" only by the statement of the heads of the commission that "there is secret information for you, but it is not made known for state reasons" !? Only by scanning the entire activity of the vetting bodies, it will be possible to differentiate the prosecutor and the judge who protects the criminal, covers the corruption of the senior official, who instead of the culprit keeps the victim in prison, from the one who was expelled because he could not justify 2 million old lekë put with his sweat, but who does not have the relevant documents for justification, or that he once trampled on some "big" in the callus. Finally, the property of those judges and prosecutors who have rightly left the justice system, or who have resigned in advance, and if it has been corrupted, should be seized and returned to the people.