Independence and impartiality
Independence and impartiality
This is a clear example of the judges’ bias, who were the elders of the village. Before the trial began, the parties left hostages, items of some value such as pistols, tobacco boxes, etc., contrary to today’s judge’s ethics and the principles that the judge must adhere to. Another fact that contradicts the judge’s present regulations is that the elders received a reward for the trial set in the opening.
From an independent Albanian state, we will pass to the Albanian feudal pashas, who were dependent on the Ottoman state, and the law that was applied in these pashas was the Ottoman law. What we are interested in examining in this period is the trial of criminal cases. Do we have a real judge in the modern sense of the word during the Albanian feudal pashas?
For the first time, we can talk about a judge called a kadi based on the name of Ottoman law. The kadi acted as a single judge, without members, and adjudicated both criminal and civil cases, so we do not have a criminal or civil procedure code. But it is worth mentioning that this is not an independent judge because he depended directly on the sultan. National was autonomous Albanian feudal possession.
The Albanian League of Prizren 1878 marked a new stage in the functioning of the administration of justice. For the first time in the history of the creation of courts in the Albanian state, there is talk about a person’s conditions to become a judge. The Albanian League of Prizren program, published in “Terxhumani Shark” on September 15, 1878, required the creation of courts. In point 4, This program required the establishment of trials with people “who know the language of the country and can hear the prayers and requests of people in need and to speak to them without having interpreters.”
It is clear that this requirement sets the task of creating bodies for the first time in May 1879; representatives of the Pristina parish expressed before the vali the Albanian people’s desire to have a judiciary of their independence of the sultan’s power. Such a reaction gave the impression that we would have courts that would function independently, but this did not happen as the Albanian courts were usually elected 12-20 people. Among these members in the first place were those who had participated in the Albanian League’s committees, which proves that the courts themselves became bodies that acted to realize the League program.
Independent judiciary is a term that found application in the government formed after the Declaration of Independence, 1912-1914. In May 1913, the judicial organization underwent several significant changes. The changes consisted of removing the cadets who previously exercised the function of. From now on, court cases would be tried by state courts. In contrast, those of a religious nature would be tried by sharia courts, presided over by muftis. e Përtashëm”, other state bodies could not interfere in the work of justice. So, as we see in Vlora’s government, there is talk of separation of powers and an independent judiciary.
The Statute of Lushnja brought significant progress for the judiciary. As a short constitutional act, with only six articles, the Statute of Lushnja did not define the country’s state organization in detail. Still, at the same time, the statute was expressed and stopped regarding the status. of the court and the judiciary. It sanctioned a recognized principle that of the independence of the courts. The statute dealt with the main issues of this activity. These issues had to do:
First, with the manner of review and sentencing by the courts;
Second, with the appointment of judges and the principle of their non-replacement; For judges’ meeting and their non-replacement, the statute also reiterated the judiciary’s prominent position in these matters. The so-called executive power did the work: a special commission at the Ministry of Justice made the relevant proposals passed to the government. After their appointment, they could not be removed from office, except in cases of their consent, retirement age, and a court decision. This summed up the meaning of the principle of non-substitution of judges, which was explicitly mentioned. In the statute, declaring that: Judges were provided with real estate from their offices.
Let us dwell on a critical period for the judiciary, such as 1924, the government of Fan Noli. The government pledged to give absolute independence to the courts and democratize them; it was required that these institutions be prepared people at their heads. The above requests were reflected in the decree-law “On the judges’ qualities and their appointments,” approved on August 13. According to this decree-law, all judges and assistant judges, to be appointed in these places, must have Albanian citizenship, to speak fluent in Albanian, to enjoy moral and political rights, to have graduated from the Faculty of Law. They should also have three years of practice in law and master European foreign languages.
Another aspect of particular importance was the Fan Noli government’s effort to democratize the courts’ activity. Extension of trials, frequent transfer of II judges to force them to obey the orders of the courts’ openness, and the brutal intervention of the government clique in the trial had raised the stamp of anger everywhere, and the people had lost faith in injustice. In the face of this situation, the government paid particular attention to implementing the proclaimed principles.
Ensuring Independence Trials, the Ministry of Justice instructed, to be based on the law, indisputable evidence, and the judge’s internal conviction, could they be liked and defended. From the people. We note the Noli government’s great importance to the court’s independence and impartiality from all the above.
During the period of the Albanian Monarchy, the judicial system was not independent and impartial. It mainly aimed at eliminating the most dangerous opponents of the regime and suspicious persons.
The darkest period for Albania and state institutions was during the rule of the country by Enver Hoxha. The land was under a dictatorship, a model taken from communist Germany. It isn’t easy to talk about separate powers or a judiciary independent and impartial in this period. Legal thought was generally guided by the politics and ideology of the communist regime.
Until the overthrow of Albania’s communist regime and the entry of democracy, a rigorous legal system was followed, expressed in the courts’ functioning directly dependent on the communist system and harsh sentences. With access to democracy and the overthrow of the previous system, the legal system and Albanian justice changed.
This article’s analysis concludes that the judiciary operates independently and makes decisions without being influenced by other powers and any other body. It operates independently and is impartial in its decision-making by deciding only based on evidence. Presented at the main trial, this is an essential step for a state governed by the rule of law and fair criminal practice for every citizen.