Powers need to be respected

No violation to the principle of the presumption of innocence

17.02.2004

The spokesman of the Ministry of Public Order in the press release dated 16.02.2004, among other things refers to the case of the former inspector Mr.  Ilirjan Dida that was exempted from the police ranks.

Albanian Helsinki Committee is a bit reserved to pronounce on the legitimacy of this measure, and especially when the intending party has turned to the court. As a result his complaint will be subject  to judicial review.

However, AHC considers as necessary to refer to that part of the press release, where the Ministry of Order takes over some powers, irrelevant to it, by violating at the same time the principle of the presumption of innocence. It is worth mentioning that the Ministry of Order is part of the executive, whereas the state police is an institution of the state administration.

In the press release it was stated that the former Inspector Ilirjan Dida was exempted from the police ranks “with the charge of having committed a serious crime” that he” has favored the staying in office of the incriminated law enforcement officials…”that “ … he has hindered the investigation for the truth related to the death of a citizen ..” that “… the former inspector Ilirjan Dida was charged with the murder of a citizen in the district of Kukës, where he evidently manipulated the material evidence.

If the Ministry of Public Order had information about the commission of any criminal offense on the part of Ilirjan Dida, it is its own responsibility to submit the relevant material to the prosecution body. (prosecutor’s office). It was the prosecutor’s power to start, stop, or reject the prosecution related to the file suited. It results that Ilirjan Dida has not been communicated any criminal charge so far. But in such a case, according to the Constitution and the Code of the Penal Procedure he shall be presumed innocent, until proved guilty with a final court verdict.

Article 20 of the Constitution states : “Everyone is presumed innocent until proved guilty according to a final judicial verdict.”

In compliance with the Constitution, the article 20, item 3, letter D of the law Nr. 8553, dated 25.11.1999, “ On the state police” where mention is made of the cases of exemption from the state police it is stated that: ”only when the person is sentenced with imprisonment by a final verdict.”

 In conclusion Albanian Helsinki Committee considers of importance to identify the fact that the European Court of Human Rights in applying and interpreting article 6 of the European Convention of Human Rights has consistently  pertained to the principle of innocence presumption.

 In one of the decisions it has highlighted that the presumption of innocence is not only a procedure guarantee in the criminal process but its role is wider. The question in point is the protection of everyone  from being considered guilty for the commission of a criminal offense until proved guilty by a court on the part of the state bodies and authorities.