Today's judicial session regarding the flawed procedures through which prosecutor Olsi Dado was appointed is not a lawsuit against Olsi Dado himself. It should not be viewed as such, despite the public and legal dispute that exists between him and the plaintiff.
The lawsuit should be seen as a way for the justice system to also be placed on equal footing with the executive power or any other power in the country, which must self-correct when caught violating the law.
If a high-ranking official is required to resign when found in violation of the law, the same should be demanded of a prosecutor or judge. In this specific case, the justice system is being tested to appear equal before the law, just like all other powers. The law is not a whip in the hands of justice to wield over others, but a standard before which everyone must be equal, including judges and prosecutors. They have been entrusted with the duty of enforcing the law and delivering justice, both for citizens and for themselves.
In this case, the new justice system is being tested by itself, as it must do unto itself what it does unto others. It is not that all prosecutors in Albania have been appointed like Olsi Dado, so as to call it a movement against the new justice system. On the contrary, this may be the only or one of very few cases similar to any other illegality, so the new justice system cannot take on the face of the entire system just to defend Olsi Dado.
Practically, we are faced with the fact that he was appointed prosecutor in violation of the law. The President's representative in court admitted that in the President's vault, there is only a letter signed by the Chief Prosecutor requesting his appointment as prosecutor and nothing else, which under the constitution would never be accepted.
Thus, the investment in defending a prosecutor appointed in violation of the law and the condemnation of anyone seeking to enforce the law against him is a bad sign that the new justice system will not be equal before the law with other citizens of the republic and other powers.
Even worse, this shows a tendency to usurp the justice system by using it for the private interests of certain agents and prosecutors.
If the new justice system is afraid and does not accept the lawsuit, then we are faced with living proof that SPAK is blackmailing the justice system and not an institution that reflects the tendency to deliver justice. Then it makes sense to say that dozens of other blackmail cases in the name of SPAK against judges have been carried out for private interests, like this case or worse.
This is a case that does not harm the system; on the contrary, it perfects it and gives it a strong moral card, as it shows that you are ready to do unto yourself what you do unto those who break the law. And cases like Olsi Dado are so few that they do not harm any link in the system.
And this will be seen when the court accepts or does not accept this lawsuit. It is the test of whether justice will accept being equal before the law, just like citizens and other powers, or not. If yes, we are faced with a standard before which everyone must bow their heads before the law. If not, then it turns out we have created a justice system that bows its head before Olsi, but this is not what we promised Albanians.
