Statement on SPAK Prosecution
Today’s announcement by SPAK that it has concluded its investigation of Mayor Erion Veliaj and his co-defendants is just that – the end of SPAK’s misguided investigation. SPAK’s allegations and charges against Mayor Veliaj remain unproven. No pre-trial judge or trial court has considered, much less ruled on, any of the allegations or evidence against Mayor Veliaj.
In the democratic society that Albania strives to have, every defendant should be afforded the presumption of innocence, and the burden of proof as to the charges falls on SPAK alone. It is plainly contrary to basic fair trial rights common in all mature criminal justice systems in the EU and elsewhere for an investigator or prosecutor to publicly assert the guilt of a defendant before trial. In simple terms, whether a prosecutor has “proved” a case against a defendant to the requisite standard is a matter for the trial court alone. It is not for a police officer or prosecutor to publicly assert that they have proved a case to the requisite standard, before a trial has taken place or before a defendant has been given an opportunity to consider the case against them, still less reply.
No responsible investigator or prosecutor who has any awareness of their role in the criminal justice process should be making statements of this nature. It is inconsistent with the presumption of innocence and betrays a total disregard for the foundational principles of modern criminal justice.
Despite these well-settled principles, SPAK’s announcement creates the misleading impression that Mayor Veliaj and his co-defendants are already guilty. It appears to have been drafted to cause maximum prejudice to Mayor Veliaj, both in the minds of the public and any future court of trial. This latest example of oppressive prosecutorial behaviour is consistent with SPAK’s conduct throughout the investigation where there have been repeated, systematic, and egregious violations of Mayor Veliaj’s procedural and human rights.
Mayor Veliaj continues to categorically deny all allegations and charges of wrongdoing. He looks forward to having his day in court before an independent and impartial tribunal where he intends to expose the fundamental flaws in SPAK’s allegations and offer evidence to refute the charges and fully vindicate himself.