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Osman Kavala wins against Turkey, Osman Gazepi is the judge of Albania

2026-08-28 09:28:29Pikëpamje SHKRUAR NGA YLLI MANJANI
Osman Kavala wins against Turkey, Osman Gazepi is the judge of Albania
Sonila Bejtja, Ylli Manjani

When Judge Sonila Bejtja, a few months ago, during the Constitutional Court hearing of Erion Veliaj's lawsuit, invited her colleagues to rule on the constitutional standard of reasonable doubt, an entire public opinion rushed against her. Ignorant commentators with the courage of a fool, party militants who have forgotten how a state is built and how it comes to power, belittled the judge simply because she had the courage to write in the minority an elementary truth, there is no reasonable doubt without evidence that connects the person with the criminal consequence.

For them, Sonila Bejtja was "sold out." For them, SPAK has enough to say and the Constitution should shut up.

Three days ago, someone else spoke. Not Sonila Bejtja. The 17 judges of the Grand Chamber of the European Court of Human Rights spoke in the case of Osman Kavala v. Turkey. And what they said is a slap in the face to all of Osman Gazepi's justice.

The Strasbourg Court reasons that the prosecutor's suspicions, conjectures or subjective conviction do not constitute "reasonable doubt". Reasonable doubt is not a feeling. It is not intuition. It is not the prosecutor's conviction. It must be based on objective facts, real and verifiable evidence, capable of convincing even an outside observer that the person may have committed the criminal offense.

So, Sonila doesn't say "sold out." Strasbourg says so.

And here begins the Albanian tragicomedy.

In Osman Gazepi's justice system, any suspicion is automatically reasonable, all it takes is for the prosecutor to pronounce it. Just like a jealous husband or wife who suspects that their spouse is cheating on them. The suspicion arises in the head and then the search for evidence to support it begins.

Our prosecutors also act this way. First, they create the story. Then they start the hunt: wiretaps, phone conversations, cell phone memories, personal contacts, meetings, trips, photographs, completely normal civil activities. Everything becomes "evidence," because the conclusion has been decided beforehand.

But Strasbourg says exactly the opposite.

Normal civilian activities cannot be artificially transformed into criminal evidence. You cannot take a meeting, a phone call, a conference, or a public event and package it as a criminal organization just because it suits the prosecution.

This is a European standard. Not an Ottoman standard.

Therefore, the decision for Osman Kavala is much more than a victory for a Turkish activist. It is an indictment against justice that arrests people based on media fables and prosecutorial convictions.

In Albania we have set up a system where evidence is not judged in the courtroom. It is judged in the television studio. The commissioned media builds collective conviction and then the court seals what the public has been fed to believe.

This is why Sonila Bejtja was judged more severely than the lack of evidence in the SPAK files. Because the "collective reason" was convinced that an official's wife's panties are stronger evidence of corruption than respect for constitutional guarantees. Everyone applauds until their turn comes to the door of the house.

But the Kavala decision does not stop at reasonable doubt.

He also talks about an impartial court.

Strasbourg says that it is not enough for a judge to claim to be impartial. It is enough that the circumstances create an objective suspicion that the court is under pressure or influence and the right to a fair trial has been violated.

Now let's bring it to Albania.

In Osman Gazepi's justice, the court has become the prosecutor's notary. The prosecutor can threaten, eavesdrop, intimidate or open proceedings against any judge who dares not sign his request. When SPAK eavesdropped on judges of the Constitutional Court while exercising their function, that is where Osman Gazepi's justice reached its peak: the prosecutor rose above the judge.

And it is precisely this logic that Strasbourg refutes. A court that judges under the shadow of the prosecutor is not an impartial court.

If Albania claims to be a European state and a serious member of the Council of Europe, the Osman Kavala v. Turkey decision is not optional literature. It is a mandatory standard. It must be read in every courtroom where a citizen's freedom is decided.

Because with that decision, the two pillars on which Osman Gazepi's justice system was built fall: the idea that the prosecutor is enough to create reasonable doubt and the idea that the court exists only to seal the prosecution's request.

Osman Kavala won against Turkey.

Now it remains to be seen whether Albania will continue to live with Osman Gazepi's justice, or will accept the Strasbourg standard.


Në përputhje me standarded JTI

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