Head of the OSCE Presence in Albania on Gërdec proceedings

TIRANA, 16 June 2011 - The Head of the OSCE Presence in Albania, Ambassador Eugen Wollfarth, issued a statement today on the Gërdec case:

“The OSCE Presence in Albania is following closely the ongoing criminal proceedings in the so-called Gërdec case, the 152nd hearing for which was held on 15 June.

I am concerned that this process appears not to be progressing in full compliance with fair trial principles, as enshrined in the Constitution and relevant domestic legislation.

While a defendant has the fundamental right to legal defence, the repeated non-appearance of defence lawyers at the hearings is an abuse of any justice system.

The latest hearing only serves to underline this point, given that the session lasted only 20 minutes when the court postponed the hearing due to the absence of an overwhelming number of defendants and legal counsels.

Some three years since the Gërdec tragedy, and despite important efforts made by the panel of judges to schedule sessions to take place every second day, the case seems far from being finalized, with most court sessions not having taken place.

Continued delays will only serve to further undermine much-needed confidence in the justice system, and more widely in the rule of law in Albania – especially in this highly sensitive case.

I urgently call upon all relevant legal authorities to undertake all possible efforts, within the legal framework, to ensure that a fair and public hearing of this case is concluded within a reasonable time."