The Association of Prosecutors of the Republic of Albania has reacted to statements by the head of the Socialist Party (PS) parliamentary group, Taulant Balla, who questioned the impartiality of Tirana prosecutor Arbër Berexha, accusing him of being linked to the Democratic Party (PD) because he released arrested protesters from prison. Balla claimed the prosecutor had political ties with members of the Democratic group and called on the High Inspector of Justice to examine the matter. In its response, the Association expressed concern about statements that link a prosecutor’s decision-making to claims of political affiliation, stressing that such language may affect the independence of the magistrate and the performance of his duties.
“Hints at a prosecutor’s political ties, linked to a specific decision, risk undermining his independence, the respect of which is a constitutional obligation and a requirement of the rule of law”, the Association’s statement says. The Association stresses that prosecutors are independent magistrates and that their decisions must be based on the law, the facts and the evidence administered, without political influence.
“Prosecutors are magistrates and enjoy independence in the exercise of their functions. In performing their duties, they are subject only to the Constitution and the laws in force. Prosecutorial decisions must be based on the facts and evidence administered, in line with the requirements of the law, without pressure or political influence”, the statement emphasises.
The Association clarifies that the independence of the prosecution does not exclude public criticism, nor responsibility for decisions taken. According to it, concern arises when criticism is accompanied by accusations of political ties without concrete evidence being presented. “In principle, any prosecutorial decision may be subject to criticism, including public criticism. The independence of prosecutors does not constitute an exemption from accountability. However, a claim of political ties, without presenting concrete facts in support, shifts the debate from legal reasoning to the personal and professional discrediting of the magistrate”, the statement says.
The Association also warns that public calls for the involvement of the High Inspector of Justice, when directly linked to a specific decision, may create pressure on the prosecutor and on his future decisions. “When such a claim is accompanied by public calls for the intervention of the High Inspector of Justice because of this decision, there is a risk of exerting pressure on the prosecutor and on his further decisions. Political representatives have a particular responsibility to avoid this kind of rhetoric in public communication”, the Association emphasises.
In conclusion, the Association calls on political representatives to show responsibility in their public statements and to avoid rhetoric that may undermine the standing and independence of prosecutors. “The Association of Prosecutors of the Republic of Albania calls on political representatives to exercise the right to criticism responsibly and to avoid hints that target prosecutors. Protecting the independence of magistrates serves a fair process and the equal application of the law for everyone”, the statement concludes.