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Imprisonment of Salianj, Diaspora for Free Albania reacts: This unjustified decision endangers the integrity of the procedure

Politiko 2024-10-04 16:40:39

Imprisonment of Salianj, Diaspora for Free Albania reacts: This unjustified

The Diaspora for Free Albania has reacted to the 1-year prison sentence for DP MP Ervin Salianji, who is accused of "false report".

Through social networks, the Diaspora for Free Albania, after becoming familiar with the acts and the legal file in charge of Salianj, has raised concerns about the decision of the Court of Appeal of the General Jurisdiction.

Among other things, it is said that based on the court file and public information, problems and deficiencies in the process followed have been identified, such as the lack of a complete and comprehensive investigation, disproportionate punishment compared to similar cases, non-respect of precedent and legal standards, etc.

Full reaction:

Diaspora for Free Albania, an organization that supports the fundamental rights and freedoms of Albanian citizens, as well as a stable and fair democracy, expresses its deep concern about the recent decision of the Court of Appeal of the General Jurisdiction regarding the punishment of the opposition deputy, Mr. Ervin Salianji, for false report. This decision raises a number of concerns related not only to the integrity of the Albanian justice system, but also to freedom of expression and the healthy functioning of democracy.
Based on the court file and public information, we highlight the problems and shortcomings in the process followed, and the concerns that stem from this decision:
1. Lack of a complete and comprehensive investigation:
From the documentation we have reviewed, it is clear that the investigation for this case did not include a full analysis of all the facts and circumstances. The release of the records and allegations of the involvement of senior figures in significant criminal matters, such as drug trafficking, require thorough and impartial investigations, which appear to have been lacking. Such an investigation should have guaranteed consideration of all the evidence and taken into consideration the circumstances of the offense, avoiding hasty conclusions.
2. Disproportionate punishment compared to similar cases:
In previous cases, for the same criminal offense of false reporting, lighter sentences were given, or decisions were made to suspend sentences. The one-year prison sentence for a deputy who exercised his right to denounce a matter of great public interest is extremely heavy and constitutes a disproportionate punishment that raises doubts about the selective approach of justice to certain individuals. This creates a perception of injustice in the handling of cases affecting public figures and representatives of the people.
3. Ervin Salianji's public profile and role as a deputy:
As a deputy elected by the citizens, Ervin Salianji represents the interests of the public and has played an active role in uncovering issues of importance to the public interest. His conviction for a denunciation related to matters of high criminality raises serious questions about freedom of expression and the right to demand accountability from state institutions. Freedom of speech, guaranteed by Article 10 of the European Convention on Human Rights and by the Constitution of the Republic of Albania, is fundamental for a healthy democracy. Salianji's punishment for using his right to express public concerns sets a dangerous precedent for any politician or citizen who seeks to raise his voice for the good of the country.
4. Failure to respect precedent and legal standards:
In the sentence given, a deep discrepancy with other similar cases is clearly visible. For similar cases, the punishment measure has been lighter, or the punishment has been suspended. Failure to respect previous precedents raises concerns about the lack of a clear and uniform standard for all citizens, significantly weakening the integrity of the justice system.
5. The impact of this decision on democracy and the integrity of elections:
This decision not only directly affects the freedom of the individual, but also has serious consequences on the functioning of democracy in Albania. As a deputy elected with over 10,000 preferential votes from citizens in the 2021 elections, Mr. Salianji endangers not only his status as a deputy, but also affects the representation of citizens who have entrusted him with representation in the Assembly of the Republic of Albania. As the country prepares for parliamentary elections in 2025, this sentence not only undermines his right to run, but also harms free and fair political competition.
6. The effects of the sentence on the integrity of the institutions and the trust of the citizens:
The immediate execution of this sentence, in the conditions where the reasoned decision is not yet available, raises great concerns for the transparency and legitimacy of the judicial process. Such a process, which does not offer the defendant all the means of protection in accordance with the law and is carried out without a full justification, constitutes a risk for human rights and for the justice system as a whole.
7. Appeal to the Supreme Court:
In this context, we make a strong appeal to the Supreme Court of Albania to examine with particular care the appeal of Mr. Salianji. Given that the sentence was based on a summary and unreasoned decision, we request that the Supreme Court ensure that the judicial process fully respects the principles of the rule of law and fair and equal justice. The lack of a reasoned decision jeopardizes the integrity of the procedure and creates doubts about the basis of this punishment. The Supreme Court has an important responsibility in this case to maintain citizens' trust in the justice system and to protect the principle that every trial should be based on the law, data and full transparency. This case is an important proof of the independence of the judiciary and its commitment to the rule of law.
Diaspora for Free Albania invites citizens, civil society organizations and international institutions to monitor this case closely and ensure that justice is protected and respected at every step. To build a strong and stable democracy, the rule of law and the right to a fair trial must be protected at all costs.