By Lutfi Dervishi
A Historic Ruling
In a historic decision, the European Court of Human Rights in Strasbourg has declared the arrest of former Albanian National Broadcaster (RTSH) director Thoma Gëllçi unlawful.
This ruling not only highlights serious human rights violations but also paints a grim picture of a judicial system plagued by fear, incompetence, or, even worse, a dangerous blend of both.
The Gëllçi Case Should Never Have Existed
Thoma Gëllçi’s ordeal began in October 2021 when he was arrested on charges of abuse of office related to a tender for technical equipment—the infamous RTSH AGRO case.
The Special Court for Corruption and Organized Crime, following the prosecution’s request, ordered his pre-trial detention. The justification? A vague suspicion that Gëllçi might manipulate evidence and pressure witnesses.
The ruling was reinforced by claims that he posed a flight risk—claims that crumbled under the scrutiny of European justice standards.
Strasbourg found that Albanian courts had failed to provide concrete evidence to justify the detention. The prosecution’s arguments remained generic, unsupported by facts. This is a blatant violation of the European Convention on Human Rights, which guarantees the right to liberty and security.
Shame Has Names
This case is not just about Gëllçi’s rights. It is about the individuals behind this repeated abuse of justice.
The prosecutor built a case on sand, backed by the head of the Special Prosecution (SPAK) at the time. A drawn-out, absurd, and laughable investigation.
The judges of the First Instance Court,
the judges of the Court of Appeals who merely rubber-stamped the decision, and, MOST IMPORTANTLY,
the judges of the Supreme Court and the Constitutional Court, who chose inertia over justice, embodying the old Balkan shrug: “Not my problem.”
These notary-style prosecutors should feel ashamed today.
They all had eyes to see and minds to think. They all had the opportunity to demonstrate integrity and professionalism. They all failed. Shamefully.
Meanwhile, the State Advocacy Office, directly under the Prime Minister’s Office, defended an indefensible cause to the bitter end. They stood by the prosecutor’s “arguments”—a stance that now appears to be either sheer incompetence or a dangerous political order. They, too, have earned a place on the wall of shame.
The Theater of Justice
The Special Prosecution Office (SPAK) is increasingly turning into a theatrical troupe, staging the spectacle of arrests instead of ensuring rigorous case-building.
The “circus” of high-profile raids broadcast on national media and dramatic pre-trial detentions may have fed the government’s once-revolutionary optics, but it has done so at the expense of European standards of justice.
The irony is complete. The same government that fought tooth and nail against Gëllçi all the way to Strasbourg now finds itself trapped in the very web it wove.
Yesterday, it boasted about the Gëllçi case: “We don’t know anything, it’s a matter for the judiciary—let justice do its job.” Today, Strasbourg’s ruling suits it just fine.
Strasbourg awarded Gëllçi compensation for non-pecuniary damage and €5,000 for legal expenses. While the financial compensation may seem symbolic, the moral victory is immense.
The Battle Continues
Attention now shifts to the courts, where Gëllçi’s legal team will seek to restore justice—twisted and deformed by SPAK’s overzealousness and the cowardice of judges.
The Strasbourg ruling sets a precedent that could become a thorn in the side of an administration increasingly at odds with its own creation.
This decision is a mirror reflecting the state of the system. A system where accusations, not evidence, dictate pre-trial detention. A system where the mentality of “jail first, investigate later” echoes the Soviet-era justice of pre-1956.
In this circus, the media also play their part—obediently amplifying the prosecution’s narrative without asking the most basic questions:
What law was broken?
What damage was done?
Who benefited?
The Real Reform
Real reform is not about creating new institutions or staging arrest spectacles. Real reform means building a judiciary that understands evidence, respects due process, and delivers justice—quietly, honestly, and without fanfare.
Today, shame has names.
Tomorrow, let’s hope reform will have faces—the faces of judges and prosecutors unafraid of justice.
