Der Standard: Rama is sabotaging justice, investigations threaten his power
By Adelheid Wölfl, DER STANDARD
She simply did not show up. Earlier this week, the Albanian Parliament discussed the request of the Anti-Corruption Prosecutor's Office to lift the immunity of the Albanian Deputy Prime Minister, Belinda Balluku, a Socialist Party MP.
But she reacted with disrespect. The politician is suspected of interfering in a public tender process for seven major road projects in favor of a particular bidder.
The Anti-Corruption Prosecutor’s Office SPAK has been investigating for months, while Prime Minister Edi Rama is using the case to wage a personal battle against justice. In doing so, he is practically undermining the separation of powers in the country. When SPAK last November requested Balluk’s suspension, Rama filed an appeal with the Constitutional Court. He called the decision a “unique and dangerous precedent” and declared that the suspension was “absurd in itself.” But the Constitutional Court ruled in early February on the suspension.
Rama got angry. When Rama didn't like something, he used to bang the table like an angry boss. Now he's going even further. Last week, his Socialist Party proposed amending Article 242 of the Code of Criminal Procedure.
Senior officials – including the President, the Ombudsman, the Prime Minister, the Deputy Prime Minister, ministers, members of the Constitutional Court, and the heads of the Supreme State Audit Office – should no longer be suspended if they are suspected of corruption.
This legal change would be a serious and unfounded interference in the independence and efficiency of justice, and a step backward in the fight against corruption and favoritism. If the law is changed, the equality of all citizens before the law would be undermined – because a group of officials would benefit from privileges.
Suspension during corruption investigations ensures the integrity of criminal investigations and minimizes the risk of influencing evidence or witnesses. Removing the possibility of suspension of executive officials would also weaken the balance between the executive and the judiciary.
Ermal Hasimja, from the Forum for Political Dialogue, believes that the proposed changes serve Rama to prevent a possible suspension of his presidency and to support the theory that the judiciary is interfering with the executive.
As part of the justice reform, SPAK was established in Albania, which investigates effectively and has given hope to many Albanians that justice and equality before the law can work. SPAK was supported and defended by the US and EU partners.
But SPAK and the Special Court have become a threat to Rama's power. In addition to Balluku, the Mayor of Tirana, several ministers and other important officials have also been indicted or convicted. "The Balluku case has forced Rama to abandon his previous, more reserved stance," a political scientist tells DER STANDARD.
Rigels Xhemollari from the NGO “Civic Stability” notes that the draft law is a step back for Albania’s democratic development and the rule of law. “Any person proven to have abused public funds should be prosecuted. No one can be above the law or have a privileged status over the citizens of the Republic of Albania,” Xhemollari tells DER STANDARD.
Moreover, the draft law was only discussed between the Prime Minister and his ministers and was not reviewed by experts or debated publicly. “The process was non-transparent and without institutional consultations,” he criticizes.
Rama has launched an aggressive campaign against the judiciary – through public and media attacks to weaken SPAK. However, SPAK is, according to polls, the most trusted institution by the Albanian population. “This puts the Albanian political class in a very uncomfortable situation,” explains Xhemollari.
The NGO positively emphasizes that the European Parliament strongly warned of the consequences that Albania could face if the Socialist Party attacks the independence of the judiciary.
The European Commission has not been so clear so far; it is trying to present Albania as a leader in the accession process and as a successful model. Most recently, Rama’s decision to join Albania in US President Donald Trump’s “Peace Board” has raised eyebrows within the EU.
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