Albania Blast Case Delays Worry OSCE

Shells collected by the army after the blast on March 15, 2008 | Photo by : Besar Likmeta

“I am concerned that this process does not appear to be progressing in full compliance with fair trial principles as enshrined in the constitution and relevant domestic legislation,” Wolfarth said on Thursday.

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

The explosion ripped through a former army barracks, used as a collection point for old Chinese and Soviet-made shells that a local company was demilitarizing to extract the metal. The blast killed 26 and wounded more than 300. Over 3,000 were left homeless.

According to prosecutors, the explosion occurred after workers, often untrained and low-paid women and children, tried to weld several metal carriages used to transport heavy munitions, close to containers filled with explosives.

Immediately after the explosion, it emerged that the company that ran the factory had blatantly disregarded safety rules.

The investigation led to criminal charges being filed against 29 people, ranging from abuse of power to murder.

They included a former defence minister, Fatmir Mediu, other then senior defence ministry officials and members of the army top brass. Aside from Mediu, the indicted include the former chief of staff, Luan Hoxha, General Shpetim Spahiu, and General Zija Bahja. All denied wrongdoing.

Initially filed in the Supreme Court, the case against the defendants, apart from Mediu, was then separated and sent to the Tirana District Court. There it is still being plagued by constant delays caused by the absence of the defendants’ lawyers.

In September 2009, meanwhile, the Supreme Court suspended the case against Mediu because he had won a new seat in parliament in the June 2009 general election, and had claimed parliamentary immunity. The court’s decision has angered victim’s families.

The 152th hearing in the case was held on Wednesday in Tirana’s district court, but closed after 20 minutes after it became apparent that most of the defendants’ lawyers were again absent.

“Some three years since the Gerdec tragedy, 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,” Wolfarth noted.

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