FATOS DERVISHI WAS A ZEALOUS SERVANT OF POLITICAL POWER AND A BRUTAL EXECUTOR OF THE LAW
Discussion by MP Namik Dokle
Mr. Chairman! Along with the draft law on the punishment of genocide and crimes against humanity committed in Albania during communist rule for political reasons, we are also presented with the draft law amending the Penal Code concerning the criminal responsibility of persons holding state or public office for violations of citizens’ political rights.
We put forward sufficient arguments at the Conference of Chairpersons as to why we could not support consideration under an accelerated procedure, and we hoped that the Committee on Laws would adopt a measured and serious position so as not to bring this draft law before this plenary session.
As it appears, not only was there no reflection, but the Presidency of the Assembly opened the doors in a grand manner to a legislative initiative about which even the right-wing media of the time (without going into details, I suspect even its true sponsors) state that the president is placing heavy stones on his own head, having consulted neither well-known jurists in the country nor even specialists and professors of law from his own party.
What is loudly said in defense of this legislative initiative, to give momentum to the Albanian justice system to judge and punish officials of the communist dictatorship, is in fact an extreme and dangerous politicization of the ideas of the rule of law and lawfulness.
In fact, as it has been presented to the deputies, it clearly emerges that two standards are being sought in assessing people who have served in the state administration: a special standard for those who worked in the period before December 1990 and another standard for those who worked after the change of system.
I call this a new injustice dressed in legal clothing.
Why? Because the draft law and the discussions around it aim to label collectively people who served in certain state structures, prejudging them without individual investigation and without distinguishing concrete responsibility.
This is unacceptable. The law must punish individual guilt, not replace justice with political labeling.
If an official has committed specific violations, he must be held accountable under existing law and on the basis of full evidence; but if the aim is to strike at an entire category of people because of the period in which they worked, then we are facing a dangerous initiative.
In this sense, the case of Fatos Dervishi is being used as a symbol to feed a divisive political climate. I do not intend to defend anyone beyond the law, but I say that no one should be prejudged and no one should be sentenced by a special political law.
This initiative is not only about the past; it affects the standard by which the rule of law will function today and tomorrow.
Therefore, I consider the spirit of this draft law to be wrong and I call on the Assembly not to go down this road.
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