DREAM / The Prime Minister resigns and wakes up under the Parisian bridge!

 Kliko këtu për të tjera
Voxpress:

SPAK shashka jailed journalists

2022-06-16 18:28:20Fokus SHKRUAR NGA REDAKSIA VOX
SPAK shashka jailed journalists
SPAK leader, Kraja

Note: The secret of the state secret has been used for decades in Albania to avoid transparency, accounting, hiding misrule to protect powers from publishing crime files during communism.

But to use the same term by new structures of justice, especially by the SPAK, no one expected it. That's what happened. SPAK ordered a journalist to threaten him with prison if he were to release information from Nuredin Duman's report.

In this case, SPAK cited the first point of Article 103 of the Code of Criminal Procedure, which states:

"The publication, if not partial, of secret acts related to the matter or only of their content through the press, or massive information, is prohibited."

The projections of this article apply as long as they do not conflict with the Constitution and international human rights conventions and information rights, which Albania has ratified. Without going too far at these Conventions, we cite only the first point of Article 23 of the Constitution, which says that the right to information is guaranteed.

In the hierarchy of the country's laws, the Constitution is the first and at the same level as the conventions and international agreements ratified in the Assembly. However, the SPAK between the Constitution and the Code of Criminal Procedure, an organic law, has chosen to refer to this second.

The reason? State secret. The classified classification of this file on the part of SPAK sounds abusive, because the law for classifying secret state materials says:

Information will be subject to the classification process when related to:
a) military plans, armaments or operations;
b) capabilities, or weaknesses, systems, installations, projects and plans dealing with national security;
c) activities of information services, with forms and methods of work, with cryptology in objects and technical means, in places where information is processed and archives where information is stored;
(c) information of foreign governments, international relations
or international activities of the Republic of Albania, as well as with confidential sources;
d) scientific, technological and economic issues
related to national security.

Of course, the secret applies even when it comes to files in the investigation and as sensitive as Nuredin Duman's testimony, "murderer and entrepreneur of murder." But in this case the secret must preserve the SPAK itself, because if the file falls into the hands of a journalist then if he chose not to make it public he would violate the principles and oath to serve transparency for the public.

So more than legal in this case is in the journalist's consciousness to choose to make this file public, or not. To force it by mentioning them under laws, when it comes to investigations that censor national security, is at the limits of anticonstitutionality.

The journalist, if he has not broken the lock of the institution's door and has stolen the file from there, in all other cases it is in his right to publish any information, or evidence if it is always true.

The publication serves the transapreence of the public, but also monitors how state authorities who are paid with our taxes are doing their job, including the SPAK of fat salaries compared to others.

The order of the three SPAK prosecutors has caused outrage in the journalist community, but more than the order, it is 'intimidation' for journalists to stop publications for this file, because if tomorrow ends up in court, there is no judge to convict the journalist on why he published the testimony of a law associate, or not, as long as the journalist himself has not stolen this testimony.

If the logic of the SPAK is followed by this order, why in cases similar to investigation have been allowed the media to publish evidence of repentants, as is the case of testimony for the murder of Vajdin Lames? There was danger there, too. But and the other issues that before they went to court ended in the media, such as the incenerators, the process against the former director of RTSH, the cocaine files that have been seized dozens, the process towards The Oblast and others.

If the prosecutor, or prosecutors, can't keep in the drawer the secret of a testimony, they better resign and do another job and not ask journalists to keep the secret they couldn't keep themselves, because it's the same as asking the wolf to keep your sheep.

Media ka të drejtën e vet dhe do e ketë gjithmonë që të jetë përçuese e informacionit. Po i kushtojmë këtë shënim, jo se kemi frikë nga SPAK, apo shefat e kreu i SPAK, por sepse duam të qetësojnë kolegët, të cilët punojnë në kushte tejet të vështira.

Në fund, ngremë një pyetje për SPAK, a keni nxjerrë enkas informacione në media për qëllimet tuaja? Nuk po akuzojmë se rrisni pazarin, por e sigurt është që ju ndihmon në hetime, pasi me publikimin e një informacioni ju monitoroni se kush shqetësohet dhe kush bën lëvizje të dyshmta.

©Copyright Vox News

Ky artikull është ekskluziv i Vox News, gëzon të drejtën e autorësisë sipas Ligjit Nr. 35/2016, "Për të drejtat e autorit dhe të drejtat e lidhura me to". Shkrimi mund të ripublikohet nga mediat e tjera vetëm duke cituar Vox News dhe në fund të vendoset linku i burimit, në të kundërt çdo shkelës do të mbajë përgjegjësi sipas Nenit 178 të Ligjit Nr/ 35/2016.


Në përputhje me standarded JTI

Video

SHIKO KANALIN NE YOUTUBE
×