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"State's failure to guarantee conditions"/ Judge: The threat to the magistrates' lives did not come out of the blue

2025-10-09 13:08:00, Aktualitet CNA

"State's failure to guarantee conditions"/ Judge: The threat to

The Deputy President of the Tirana Court of First Instance, Gerd Hoxha, in his speech at the judges' meeting, said that the dangerous situation in which judges find themselves today is not unexpected.

Hoxha said that this comes as a result of the climate of hatred, which has been fueled by political discourse for years.

He further said that it is the obligation of every justice worker to show that they are not afraid or divided.

 

Full speech

 

Dear colleagues!

I have spoken in formal and informal conversations and meetings, where we have been gathered together, to discuss, prompted by many problems that concern us, such as: the workload illogically increased by an unclear and exhausting vetting process; inadequate financial treatment, the unreasonable lack of human resources, the glaring lack of suitable work environments, the frightening lack of security for us, our families and our properties, but never, never did I think that we would gather to discuss how to protect ourselves from the risk of murder in the workplace, where it is believed that the safety of the life and integrity of the judge is inviolable and the cornerstone of fair decision-making.
The macabre murder of our unforgettable colleague Astrit Kalaja, in the courtroom of one of the most important courts in the country, is a terribly serious event, which has caused such deep pain that it has savagely torn the soul of each of us, Tit's colleagues, but also the souls of every human being, who has at the foundation of his existence the love of life, respect for each other, coexistence based on morality and law.
This serious event, unprecedented in the 110 years of existence of our state, unheard of in countries where the highest moral democratic values ??prevail, among which, amidst sacrifices, we try every day to be a part, is a terrifying alarm bell for any individual who lives and works in Albania, Albanian or foreign, to wake them up from the agony in which the morality of our society has sunk and where the failed efforts of state bodies for a safer life are struggling, which have a constitutional and legal duty to guarantee the life and integrity of judges and all justice workers, as a premise of a peaceful and safe life for all citizens and a healthy economy.

Honorable colleagues!
We all agree that a justice system based on the rule of law must first take into account the principles of equality before the law, of a fair trial within a reasonable time; of legal certainty, of adversarial proceedings, of equality of arms, of innocence and proportionality in the event of punishment, in any case and against anyone who is the subject of a criminal proceeding.

The judiciary welcomes the principled and supportive stance in some cases and the constructively critical stance in others, held to date by representatives of politics and the media. We are convinced that this will strengthen and increase public trust in the justice system in general and the courts in particular.

We welcome and encourage any criticism of judges, their work, performance, and behavior inside and outside the office.

But the dangerous situation that today threatens the lives and integrity of magistrates, especially judges, did not come as a bolt from the blue. It is the result of a deep climate of hatred towards every employee of the justice system: lawyer, bailiff, judicial police officer, prosecutor and especially judge. This malicious climate, inciting not only verbal hatred but also, as has already been proven, inciting direct actions against the lives and health of judges and winning parties in the trial, has for years been fueled and amplified by political and media discourse, which often presents the judiciary as the source of every problem in society. This approach has damaged public trust in justice, inspired disrespect, insults and attacks on judges, significantly increasing the risk and pressure on the independence of the judiciary.
Also, for years this climate of hatred and negative approach towards the judicial system has been persistently seeking to achieve two main objectives:
a) intimidation of judges,
b) their division,
which are elements of the main goal – the capture and domination of the judicial system by representatives of anti-constitutional, anti-legal, anti-democratic and criminal interests.
Therefore, it is the moral and legal obligation of every lawyer, bailiff, judicial police officer, prosecutor and judge to show that they are not afraid and not divided but are determined, united and dedicated to their work to provide quality justice and within reasonable time frames, based on the objective conditions in which they work.
Also, it is the moral obligation of every free person, who works and lives in Albania, whether Albanian or foreign, who believes in the values ??of a social system based on freedom, democracy and the rule of law; It is the moral and legal obligation of every domestic or foreign institution, public, state or private, of every media outlet and portal, to react as soon as possible and strongly to these intimidating and divisive tendencies, which aim to capture and rule the judicial system in an unconstitutional, illegal, antidemocratic and criminal manner.

The failure of the state to guarantee the minimum conditions of security and work in the courts is encountered every day by us, the judges of the Republic, but also all users of the courts and prosecutors' offices. The lack of suitable buildings, especially for courts of general jurisdiction in the capital, is a situation that has mocked our society for decades; the courts, which for decades have operated in premises that were once used as dormitories or training centers for police animals, or as facilities with no connection to the judicial system, are today the workplace of more than 100 judges, hundreds of court secretaries and other employees; they are the place where thousands of people meet, in conflict with each other, to solve the most acute problems known to society; and where, like in no other institution, they reach solutions, which materialize in tens of thousands of decisions.
This Meeting is not a supersession or an overstepping of the High Judicial Council, but an indicator of our self-organizing strength, of responsibility towards the fate of our society and of human solidarity. The High Judicial Council has our full support in fulfilling its constitutional and legal obligations to guarantee the safety of judges, as an essential part of the functioning of a fair, impartial and independent judicial system.
Therefore, this scandalous situation, this deadly lack of working environments, human resources and this high uncertainty for the life and integrity of judges and court users must end once and for all.
Based on the above, I propose that:
a) we call for public accountability from all institutional, political and media actors, to stop inciting hate speech against the judiciary. Without respect and real protection of judges, there can be no independent justice, the rule of law and citizens' trust in justice.
b) to ask the Government of the Assembly of Albania to urgently intervene in the laws on the judicial system, in aspects related to:
• increasing safety at work;
• the safety of life, health and property of judges and court employees;
• reducing the workload and increasing the quality of trials and reducing the time for completing judicial processes
c) to ask the Supreme Court of Justice and through it the Government of the Assembly of Albania to determine within 6 months the place where the palace of justice will be built, where the court of first instance, the court of appeal and the respective prosecutor's offices will be located (there are plenty of such places, at least 3 are the lands of the courts of first instance and appeal) and within a maximum period of 5 years to deliver to the citizens of Tirana and all of Albania a dignified, safe and functional palace of justice.
d) to call on the responsible institutions of the judicial system to complete the approval of the Court Security Regulations within a period of one week;
e) to ask the Supreme Court of Justice, in cooperation with the relevant institutions, within a month, to equip all courts of the Republic of Albania that do not have such equipment with scanners and detectors.
f) to ask the Ministry of Interior, the Ministry of Justice, the State Police and the Prisons Commission, in cooperation with the Supreme Court of Justice, to draft within a week a Regulation, which should initially be approved by a normative act of the Government and then become part of the law, which would initially allow the State Police and the Prisons Commission to take custody of all court buildings throughout the territory of Albania, not only during the official hours of 08:00-16:00 but 24 hours a day, every day of the year, as well as to maintain security and order within these buildings and in the courtrooms, according to the requests of the judges in those courts.
g) Consequently, the exclusion of private police for guarding the buildings, as experience has shown that they are untrained, unequipped, unmotivated, underpaid and consequently, with serious shortcomings in guaranteeing the physical security of the Court buildings and the integrity of the judges.
h) to ask the Supreme Court of Justice, in cooperation with the State Police, to immediately begin training security officers in the courts.
i) to create a special force trained to guarantee security in the courts, during judicial processes.
j) drafting security protocols to be implemented in cases of serious incidents in the courts (increased protection of judges and their families, protection of property, guaranteeing security in the workplaces of judges' families, schools and educational facilities attended by the children of threatened/raped judges, guaranteeing the same standard of living in the event of incapacity for work due to these incidents)
k) establishing a permanent working group, with judge members, mandated by the judges' meeting to initiate the establishment of a permanent Committee with representatives of the Supreme Court of Justice, the General Prosecutor's Office, the Ministry of Justice, the Ministry of Justice, the State Police and the Prisons Police, which will draft and supervise the implementation of the legal provisions in force, which relate to security in the courts and of judges.

In conclusion, on my own behalf and on behalf of all of you, esteemed colleagues, I would like to assure the entire public that hostile discourse and physical attacks will not be able to intimidate the judges in the Republic of Albania, who will continue to work with dedication to serve the public, providing justice, for which our father, family member, friend and good man, our unforgettable colleague Astrit Kalaja, gave his life in the line of duty.





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