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SPAK imprisoned him innocently as a terrorist, now justice is delaying compensation

2023-05-02 18:35:55Aktualitet SHKRUAR NGA REDAKSIA VOX
SPAK imprisoned him innocently as a terrorist, now justice is delaying
SPAK imprisoned him innocently as a terrorist, now justice is delaying compensation

Albanian legislation provides for financial compensation for wrongfully imprisoned persons. But in the actuality of the judiciary in the country, with courts empty of judges, this process does not seem easy.

In November 2016, fans were prepared to light the "Loro Boriçi" stadium in Shkodër for the red and black national team's challenge against Israel, but the match was moved to another stadium for fear of terrorist attacks.

Those days, Medat Hasani was imprisoned on the suspicion of being part of an extremist cell, which would carry out a terrorist attack in this football match. It happened that after three years of investigation, started by the former Prosecutor's Office for Serious Crimes and completed by SPAK, the charges of terrorism were not proven and the case was dismissed. But staying 1 year in detention and 2 years in "house arrest" gave Hasan the right to compensation of 1.8 million ALL in the Administrative Office of Tirana. But the case remained pending in Appeal along with the money. After waiting two years for a trial date, Hasani asked the Supreme Court for the right to review the case within a reasonable time. The request was dismissed with the argument that the judge in the case was not abusing, reports A2.

"The relator judge stated that the case was not tried not because of a lack of will, but because of the extraordinary caseload. The judge has stated that she is in the trial of the cases registered in September 2016. The judge has 4,500 files under her charge and the case has passed to her as a relator with the draw date of 21.12.2021".

So, the fault remains with the reformed system that placed Medat Hasan's file after 4500 other files on the table of the same judge. The order is determined by the time of deposit. The College brings another reasoning: The principle of trial within a reasonable time should not be misunderstood and in no case should the quality of the legal process and the court's decision-making be sacrificed for the amount of the reasonable time.

And when the high court assesses that there is no deliberate delay in the process, even that the delay is in his favor, the petitioner has to wait several years to receive the money he has benefited from a court decision, reports A2.


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