High Inspector of Justice Mr. Artur Metani gave an interview to journalist Anila Hoxha on Top Channel, in relation to the complaint process as well as the investigation and proceedings of magistrates. Regarding the complaints for actions omissions of the magistrates, the High Inspector of Justice highlighted the importance of filing a complaint with the institution, since only in this way the complainant- a citizen or institution, has the opportunity, in case he is not satisfied with the HIJ decision on his complaint, to appeal this decision to the relevant Council- to the High Judicial Council, if the complaint is about a judge, or the High Prosecutorial Council if it is about a prosecutor. Mr. Metani underlined that the law definitely provides for the initiation of an investigation, and this is the High Inspector of Justice discretion, but in this case, if the decision of the investigation is not liked, it is not appealable.
Asked by the journalist if the HIJ has started a verification on the case of the decision to send the former Minister of the Interior Saimir Tahiri to serve his punishment at home, the High Inspector of Justice said: “This question was also asked to me in the Assembly, when I made the annual report of the institution in the plenary session. The answer I gave there was that until that moment, the HIJ had not started any investigation, because as far as it was commented or stated in the media, there was not yet an important reason for the HIJ to undertake an investigation. The case is obviously being pursued, to see what happens. On the other hand, it should be emphasized the fact that there is no complaint against this case. And why do I point this out? For me it is very important to be understood that we must use and must realize how to use the system of complaints against judges. Complaints against judges and prosecutors cannot be made in public premises, with public statements, or, despite the respect for the work of media, in the media. This is not the right way. I understand the media, but I would also you to understand me in what I am saying. There is a very important legal issue. When the HIJ receives a complaint from a citizen, and if the citizen is not satisfied with the decision taken by the HIJ, he has the right to appeal it to the relevant Council- Prosecutorial or the Judicial one. If the HIJ initiates a case on its own initiative, anyone who may be dissatisfied with the decision taken by the HIJ on this case, has no right to appeal. I would like my decision as the High Inspector of Justice to be appealable. I have no situation to discuss. That’s why I insist, I’ve been saying it for three years, that the only way to address to the HIJ in a constitutional manner, is to file a complaint.”
As a response to the journalist question to comment on the request of Mr. Berisha for the resignation of the High Inspector of Justice, Mr. Metani said: “I don’t have any.” I don’t want to make political comments, but I will respect your question. For the specific case, but also for anyone else who has complaints or accusations against the High Inspector of Justice or against Artur Metani, I say to address them to the prosecution office. Second, I tell anyone who tries to intimidate, influence, or put pressure on the work of the Inspector High Justice, to forget it! Just forget it!”
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FULL INTERVIEW OF THE HIGH INSPECTOR OF JUSTICE WITH JOURNALIST ANILA HOXHA ON TOP CHANNEL
Journalist Anila Hoxha: What do Albanian citizens complain about the most with the HIJ?
High Inspector of Justice Artur Metani: Albanian citizens complain with the HIJ about prosecutors and judges, and their claims are related to the procrastination of court trials, delays in investigations, complaints about certain decision-making, or delays in reasoning and delivery of written court decisions. The last typology of complaints regarding the delays in delivering written court decisions has been added recently. This has constituted the reason for the High Inspector of Justice to start the inspection on this matter in March. We are at the end of this thematic inspection and results are being produced, which will be made public. But what I want to emphasize here is an important balance which must be preserved, even with the High Inspector of Justice, so anyone can understand that the delivery of a written decision of a judicial process is very important, even for the citizens’ right to appeal. However, it mustn’t happen, and I would not like it to happen, that because of this haste, judges write with mistakes, as it has happened in certain cases. So obviously the workload of the magistrates, obviously their fatigue, and the expectations of the citizens have their own effect. But to have justice and a due professional judicial process based on facts, it is obvious that it should be a balance, between the public interest, of course of the citizens, and the workload of the judges. This is not to protect judges and prosecutors, obviously it is not this, but to understand the reality under which courts and prosecution offices perform today.
Journalist Anila Hoxha: Does the HIJ have figures of citizens’ complaints, divided in percentages – what is the percentage of complaints against the judiciary and the percentage against the prosecution body?
High Inspector of Justice Artur Metani: This is public information. We have also presented it to the Parliament. There are more complaints against judges than prosecutors. It is natural to be so, because courts are the final decision makers of the judicial process. Consequently, the highest number of complaints are filed against judges. In general, complaints are against important courts in the country, such as Tirana or Vlora, because undoubtedly the biggest social problems are in these two cities, where there is even more population and more interests that conflict with each other. But we are looking at all of them as a priority, not forgetting the small towns, because justice is the same everywhere, the courts are the same everywhere and the phenomena that harm the image of justice are the same, both in small and big courts.
Journalist Anila Hoxha: When we say that investigations are delayed and processes are delayed, you are mainly talking about civil cases, of what nature, and when we say that citizens complain about delays in investigations, are we talking about assets investigations, or delays in investigations for people in pre-trial detention?
High Inspector of Justice Artur Metani: Well, they are all. There are more claims on procrastination of trials, delivery of written court decisions for cause or for civil cases, but undoubtedly, those of a criminal nature, as you say, are not excluded. While there are delays in investigations in both cases, civil and criminal, but there are fewer criminal cases, while civil cases occupy the largest part, because in my opinion, such is the nature of interests in our everyday life.
Journalist Anila Hoxha: You have started a thematic inspection, related to delays in the prosecution offices and in courts. Has the implementation of the new judicial map affected the backlog of files and procrastination?
High Inspector of Justice Artur Metani: This remains to be seen after the results of the thematic inspection. The first thought is obviously that it would have its own effect, because a new way of organization is obviously a new way of assigning work and a judge accustomed to one work dynamic will face another dynamic in Tirana, obviously other conflicts, other interests. And all these have their own effect, but the new judicial map will be able to adapt to the new situation and the magistrates have to adapt to it. However, this process will be seen in continuation. We are following, also due to the law, the problems that arise in relation to the rights of citizens, from this new Judicial map. The moment we find a situation for which we have to intervene, firstly we will intervene, and secondly, we will undoubtedly make it public.
Journalist Anila Hoxha: Have you identified any problems so far, from January to July, when the third phase of the new judicial map was implemented, and have you made suggestions as an institution?
High Inspector of Justice Artur Metani: No, we do not have any suggestions, because these are part of the inspection. And even if they are part of the results, which they definitely affect the dynamics of the new judicial map, we definitely have to give it time to produce results and effects in order to see what is happening.
Journalist Anila Hoxha: Have you obtained any findings in advance, which can you share with us?
High Inspector of Justice Artur Metani: Yes, we have, but we are still in the process of consulting with the inspectors who conducted the thematic inspection, and I would like to respect their work as well. The moment we finish them, and we are processing very quickly even the consultation with each other, we will definitely make them public, as any other inspection, which can be found today on the official website of the High Inspector of Justice.
Journalist Anila Hoxha: What is the number of prosecutors and judges whose cases you have sent to the HPC and HJC for further proceedings?
High Inspector of Justice Artur Metani: Well, since the moment I took office, the number of judges and prosecutors who have been disciplinary processed by the justice bodies is 32 magistrates. This figure includes more judges. Measures proposed range from dismissal to public reprimand. So, this is the situation.
Journalist Anila Hoxha: But have there been cases when you have been rejected by the relevant councils?
High Inspector of Justice Artur Metani: In 32 cases processed by the High Inspector of Justice, there is no single case where the Councils have not found the violations found by the HIJ to be right. The difference is in the proposed measure, which the relevant Council agreed or did not agree with.
Journalist Anila Hoxha: Where does this procedure stall at the councils? Why do they change, or refuse to give the same decision that HIJ requests?
High Inspector of Justice Artur Metani: This depends on the discretion of the bodies and obviously everyone is independent, as I am independent to propose a certain measure, obviously the Council is also independent to approve or disapprove the measure proposed. It also concerns the point of view of each of the bodies on the proposed violation, as a violation to further proceed it and the decision on the measure proposed. Obviously, the measure is important for the HIJ, but more important is the offence confirmed by the Councils. This is not about the proceedings of the magistrates in person. Obviously, if someone has broken the law, he should get what he deserves. But what is important is the offence which the proceedings started for, because the offense is a standard that is set for all other magistrates.
Journalist Anila Hoxha: Is the HIJ heard by the HPC and the HJC, as far as judges and prosecutors are concerned and their verification, referring to the requests you have submitted?
High Inspector of Justice Artur Metani: Regarding cooperation, the High Inspector of Justice has no concerns in relation to the Councils. As I said, there is no case for the Councils to have said or decided, that the findings of the High Inspector of Justice are incorrect. The difference is in the measure proposed by the HIJ, in some cases not confirmed by the Councils.
Journalist Anila Hoxha: Are you satisfied with the measures decided by the HPC and HJC or are you not satisfied?
High Inspector of Justice Artur Metani: I have no emotions regarding it. What is important is that the process goes on, what is important for me is the violation, which we find. Our aim is not to control a specific judge or prosecutor, we aim at violations and what is important for us is the violation. The moment we prove the violation and produce a standard so that the body of magistrates, the body of prosecutors and judges can understand that this constitutes an offence for the HIJ and for the Councils. This is the highest professional standard, I think, which is also set by a body that controls the work of judges and prosecutors.
Journalist Anila Hoxha: Since 2016, when the Justice Reform package was approved, do you have any suggestions on what points the law needs to be urgently changed, affecting the competences of the HIJ, but also the agreements between the two “governments” the HPC and HJC, that of prosecutors and judges?
High Inspector of Justice Artur Metani: Well, because of my personal and professional nature I generally give time to the work processes and I think that for the HIJ it is not the time yet to propose changes in relation to the control of judges and prosecutors work. This system takes time to prove. It will take a little more time to prove. I have proposed some changes in the Assembly, which have nothing to do with the system we are talking about but with constitutional issues, they have to do with solving the problem I have today, the lack of magistrate inspectors. The law provides that the HIJ has a team of inspectors, half of which is composed of lawyers with 15 years of work experience and half magistrates. I am not able to complete this second half, because there are no magistrates to complete it. For this reason, I addressed the Assembly and said that this is a worrying situation for the HIJ, because I am unable to respond in time to the dynamics of the institution development. For this reason, I have proposed changing the legal criteria for hiring or commanding judge inspectors. From 13 years of experience that the law provides today, it should be reduced to 7 years, which is the criteria necessary for being appointed an appeal judge. This is part of the discussions. I understand, this should have a systemic discussion and I accept it, but the point is that the situation is currently like this. There are no inspectors coming from the magistrates, or the body of magistrates.
Journalist Anila Hoxha: One of the most discussed issues has also been the decision of a judge in the Court of Elbasan, who sent former Minister of the Interior Saimir Tahiri to serve his punishment at home. There were also reactions from the international community about this decision-making. Has the HIJ started a verification on the judge who gave this decision? And have you verified from the inspection whether this decision was delivered in writing or not?
High Inspector of Justice Artur Metani: This question was also asked to me in the Assembly, when I made the annual report of the institution in the plenary session. The answer I gave there was that until that moment, the HIJ had not started any investigation, because as far as it was commented or stated in the media, there was not yet an important reason for the HIJ to undertake an investigation. The case is obviously being pursued, to see what happens. On the other hand, it should be emphasized the fact that there is no complaint against this case. And why do I point this out? For me it is very important to be understood that we must use and must realize how to use the system of complaints against judges. Complaints against judges and prosecutors cannot be made in public premises, with public statements, or, despite the respect for the work of media, in the media. This is not the right way. I understand the media, but I would also you to understand me in what I am saying. There is a very important legal issue. When the HIJ receives a complaint from a citizen, and if the citizen is not satisfied with the decision taken by the HIJ, he has the right to appeal it to the relevant Council- Prosecutorial or the Judicial one. If the HIJ initiates a case on its own initiative, anyone who may be dissatisfied with the decision taken by the HIJ on this case, has no right to appeal. I would like my decision as the High Inspector of Justice to be appealable. I have no situation to discuss. That’s why I insist, I’ve been saying it for three years, that the only way to address to the HIJ in a constitutional manner, is to file a complaint.
Journalist Anila Hoxha: Why, doesn’t the law allow you to check or verify mainly as an institution?
High Inspector of Justice Artur Metani: Yes, but I am trying to explain this to you, that when we start an investigation, mainly a verification, of course it would come out with a certain result. Some may like this result and others may not like it. When we start it on our own initiative, this decision that some people may like it or not, is not appealable. So, what I’m saying is, use the system that the Constitution has establish. File a complaint! If you do not like the HIJ decision, you have the right to appeal it to the relevant Council. It’s that simple!
Journalist Anila Hoxha: Mr. Berisha requested your resignation a day ago. Do you have any comment?
High Inspector of Justice Artur Metani: I wouldn’t like to make political comments, but I will respect your question. For the specific case, but also for anyone else who has complaints or accusations against the High Inspector of Justice or against Artur Metani, I say to address them to the prosecution office. Second, I tell anyone who tries to intimidate, influence, or put pressure on the work of the Inspector High Justice, to forget it! Forget it!
