Can SPAK be improved by our political class?

2025-02-26 14:21:00, Opinione Blendi Kajsiu

There is a broad consensus in public opinion that SPAK can be improved, even though its achievements in the fight against corruption are evident. There are many legitimate concerns about the way SPAK has acted, from the constitutionality of wiretapping and phone seizures to witness intimidation and pre-indictment arrests.

These are concerns that essentially seek to balance the fight against corruption with respect for the fundamental rights of those under investigation, especially those public officials who do not enjoy the political, media, and financial support of the big fish.

Although the media's attention is on political VIPs, SPAK's problematic arrests are much more frequent at the lower and middle levels of public administration. There are many cases of individuals at lower levels of public administration who have been abusively arrested by SPAK's anti-corruption zeal.

Of course, accepting the improvement of SPAK does not mean agreeing with its reform, as the SP is demanding, and even less supporting its elimination, as Berishism claims. The idea that SPAK should be reformed and not improved implies that this institution has failed.

A failed institution is reformed while a successful institution is improved. And despite the criticisms that may be made of SPAK, in the eyes of most Albanians its success is undeniable. Therefore, it can be improved but not deeply reformed, as it is the product of the reform of the old justice system, which had completely failed in the fight against corruption.

The question arises, who will improve SPAK and the new justice system? At first glance, the answer is simple, parliament has the constitutional authority in this area because we are a Parliamentary Republic.

The problem is that the Albanian parliament is, and will most likely continue to be, a showcase for our old political class that is in deep conflict of interest with SPAK because it is being investigated by it. The most flagrant example is of course the case of Berishism, which has now been reduced to a political movement to close SPAK's investigations into the Berisha family.

A similar conflict of interest exists in the case of the SP, although less blatant than in the case of Berishism. The Socialist Party and Prime Minister Rama declare the urgent need to reform SPAK precisely when its investigations strike at the heart of the socialist government.

The SP's calls to put SPAK on constitutional tracks and to depoliticize the new justice system sound dubious when articulated after the arrest of Mayor Veliaj. Even more so when his arrest was neither more violent, nor more anti-constitutional, nor more political than previous SPAK arrests.

SPAK's accusations against Veliaj may be dismissed in court tomorrow, but they are no less serious and less substantiated than the accusations of this institution against Meta or Berisha. Most journalists and a good number of legal experts who have carefully studied this file testify that this is a serious investigation that does not simply deal with gibberish.

On the other hand, Veliaj's arrest is no more political than Berisha's arrest, nor more violent than Meta's arrest, which was dragged in the middle of the street. The political blow that SPAK has dealt to the LSI/PL and Berishism is much greater than the political blow that the SP received with Veliaj's arrest.

And yet, neither in the case of Berisha nor in the case of Meta, the SP has spoken out against the violence or politicization of SPAK. Therefore, the sudden concern of Prime Minister Rama and the socialist camp with the constitutionality, violence and politicization of SPAK is suspicious. Especially today when they are in an open conflict of interest with this institution.

Under these conditions, the question arises: Through what legitimacy will the same political class that has been put in the dock by this institution reform SPAK? With the legitimacy that comes from the people's vote, would be the answer of our political class.

But all polls show that when it comes to the fight against corruption, Albanian citizens have much more trust in SPAK and the new justice system than in political parties. Even more so when the latter have monopolized the political scene, completely blocking its renewal.

Rama has monopolized the SP, eliminating any possibility of renewal within the socialist government, while Berisha has privatized the DP, eliminating any possibility of opposition renewal. In a deeply bipolar system, this has reduced political renewal to small parties on the periphery of the political and media space. It is no wonder that most citizens are not satisfied with any of the traditional political parties.

The Socialist Party is, and will continue to be, in power not because the majority of Albanians are satisfied with its governance but because this majority hates the Berisha alternative more. Meanwhile, Berishaism will continue to mobilize that minority of the electorate that hates Rama more than Berisha.

Under these conditions, improving SPAK should not, and cannot, be a priority for the Albanian political class. Albania's problems and the problems of our political class are much more serious than SPAK's problems.

The latter has, however, some internal mechanisms of control and balance between its various levels, the Special Prosecutor's Office against Corruption and Organized Crime, the Court against Corruption and Organized Crime (GJKKO) and the Court of Appeal for Corruption and Organized Crime. Not to mention the judicial mechanisms that exist outside SPAK.

Nothing like this is found within our political parties where power is concentrated entirely in the hands of the boss, without any internal or external mechanism of check or balance. Trusting these institutions, deeply corrupt and anti-democratic, to reform the most successful anti-corruption institution in the history of the Albanian state is like hanging the livers on the neck of a wolf. Especially today when the West is too paralyzed by the Trump disease to guarantee the improvement and not the deformation of SPAK.