Weekly Briefing, Vol. 52. No. 1 (Al) June 2022
An Albanian conundrum of justice and politics
Summary
In the past 7 years, perhaps the most repeated word pair in the Albanian political narrative is Justice Reform. At its core, there was the adoption of constitutional amendments in 2016, where out of 26 articles of the Constitution related to justice, there were amended 21. Furthermore, 3 institutions defined in the Constitution were dissolved and the creation of at least 12 new institutions was foreseen. One of the most prominent of these new institutions is the Special Anti-Corruption Structure (SPAK), established in late 2019. In theory, all parties have saluted and endorsed its creation, while later claiming it is not doing enough. First, it was the opposition, and as of May 2022, the Prime Minister (PM) is lamenting on the same line arguing that SPAK is not fighting corruption properly.
Introduction
For the first time since its inception, PM Edi Rama revealed his criticism of the new judicial system. The SPAK and the body of judges and prosecutors were targeted in during May several times. The head of the Albanian government complained about their slow working process and not targeting high-profile politicians. To some, this is only a diversion of focus from other pressing issues that the country is facing; to others, this is a potential fear of the PM that the new justice is hitting close to home (his party). When the leader of the ruling party (and the executive branch) targets the judiciary branch, the power struggle becomes public and the strings of dominance become tighter.
Rama targets SPAK
The Albanian PM has directly accused SPAK by stating that justice is being challenged and their work is being delegitimized and with it the entire justice system. Initially, Rama took a harsh stance against SPAK during his speech at the Assembly of the Socialist Party, stating the SPAK is losing the battle against the evil in the country and warning that the government’s patience is wearing thin. He continued by accusing it of not delivering justice for any of the judges or prosecutors ousted by the vetting process. He added that this will be among the first things that Albania will have to give accountability for, at the negotiating stage for its European integration.
Some have called this pressure on justice, others fear losing power, while others have commented on it as an attempt to hide government failures. According to Rama, the most important thing is for this discussion to take place because SPAK is slow and not delivering for the Albanian people, who have been waiting for fair and true justice for more than 3 decades. For as far as these words might appear just and in line with what most Albanian citizens agree with, the fulcrum of this attitude is directly linked to his political opponents, who he names. Rama called for the former PM Sali Berisha and President Ilir Meta, labeling them as “shame of the country” and he blamed SPAK for violating the justice reform by not investigating them.
Sali Berisha responded to the statements of Prime Minister Edi Rama and said that Rama is acting so to divert attention from the terrible poverty that has gripped the country. Berisha blamed him for the harsh economic situation of Albania and stated that he wants to use the justice system as a whole to punish political opponents.
One thing is for sure, Berisha is on the offense. He is present in the political scene and his antagonism toward Rama has been displayed in every declaration. Berisha has taken many hits from the United States (US) and on May 18th there was another. On this day, former US State Secretary Mike Pompeo visited Albania and he did not meet Berisha. Some media reported that Mike Pompeo’s staff confirmed that there was an attempt by Sali Berisha to have a meeting with Pompeo during his stay in Tirana, even if it was spontaneous. This American antagonism, however, did not stop Berisha to be elected the new leader of the Democratic Party (PD) on June 22nd.
It is true that the international community appears against Berisha and has accused and sidelined him from official events. Yet, as of mid-2022, there is not a single accusation on paper against him. Albanians know very well that the corrupt practices that Berisha, and his entourage, implemented in governing the country have great costs for the nation, yet, he is still at the center of political events. The “new justice” in the same line as the old one, cannot make a case against him.
The next in line for this rage of Rama is President Ilir Meta. Contrary to Berisha, he did not reply publicly to the PM accusing him of corruption, but people close to him did. As Meta’s term in office is about to end, some think that he will come back into the political scene as a harsh adversary of Rama.
The Prime Minister and the judiciary system
The judiciary system is supposed to be separate and independent from any other governing institution in the country. Yet, as Albanians have come to realize in the past decades, politics is always involved in the process of shortlisting, electing, and placing in office judges and prosecutors.
Since the start of the Justice Reform, a reform that all 140 Members of the Parliament (PM) approved, there has been only approval publicly, yet it has not been free of criticism. When the head of a government criticizes the judges, it should raise concerns. This is especially true for institutions such as SPAK, established less than three years ago with the special purpose of investigating corruption and organized crime at high levels of government. The shadows of doubts, questions, assumptions, and hypotheses behind Rama’s strong criticism of the SPAK, judges, and prosecutors are diverse and not insignificant. The answers to why this attack comes at this point, and why against the SPAK, a structure for which the government has been the biggest supporter, for now, remain within the realm of hypothesis.
The Justice Reform as a whole, concrete actions to fight corruption, the establishment of the vetting mechanisms, and the SPAK are within the framework of the parameters monitored by the European Union (EU) legal institutions and are needed to open the procedures of Albania’s accession to the EU.
In the case of Rama’s criticism, it should be noted that they are the same as those of recent European reports. They argue that sentences in cases involving senior officials remain limited, favoring a culture of impunity within the highest levels of the state. Some main findings of the 2021 Report of the European Commission on Albania note that SPAK should significantly strengthen the overall capacity of the country to investigate and prosecute corruption. In general, corruption is widespread in many sectors of public life and entrepreneurship and continues to cause serious concern – states the report.
The Justice Reform and SPAK have been the pride of Rama’s presence in the international arena. Also internally, he has always claimed that they are the success of his governance, but now they are not doing enough!
Albanians’ long quest for justice
For the majority of Albanians who have hoped for the Justice Reform to be the last resource of truly advancing the country, all the ordeal of the past years should not be futile. Unfortunately, the special prosecutors of SPAK have just forwarded some “hot cases” to the district courts, and some other times they just archived them. The SPAK was set up to investigate the corrupt acts of high-profile politicians (the president, the speaker of the assembly, the prime minister, the government body, and MPs). Rarely has a special structure been received with such impatience and hope by people. It has been seen and continues to be followed by all as the basic edifice from which an entire political class will be placed under scrutiny. The question many are asking is mainly what prevents the SPAK from investigating the accusations that have been made (against Sali Berisha for example) even in the face of political pressure? Since he was designated by the US State Department for corruption, common sense would call for a national investigation, yet it is not happening.
There is something wrong with all this equation. As of May 2022, more than 50% of judges and prosecutors are out of the system because of questionable wealth. The vetting process in the justice system was not enough, the vast majority of them have been dismissed due to the illegal and unjustified assets they had amassed, and have created private enterprises. This powerful structure should no longer waste its time with the corruption of an ordinary citizen. In Albania, in thirty years, there have been major acts of corruption and organized crime, the nucleus of which have been important segments of the state, from the heads of large institutions to the departments of the justice system.
Conclusion
Rama claims his patience is running thin; Albanians are losing hope in the new justice and their patience run thin a long time ago. To date, their activity of lukewarm transparency regarding the lack of investigations against judges and prosecutors is a concern.
Two main problems arise. First, justice means accountability, but there is none for the judges and prosecutors who were dismissed for corruption. They are working in the private sector and their wealth was never confiscated. Second, besides very few notorious cases, no high-profile politician has been held accountable for their actions while in office, thus, justice is delayed. To citizens, justice delayed means justice denied.