Analysis: Imprisonment of opposition MP for making public accusations sets stage for new political reality in Albania
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- The Democratic Party has vowed to escalate its protests, with leaders calling for civil disobedience and other radical measures to challenge what they see as an assault on democracy.
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TIRANA, Oct. 1, 2024 - The recent conviction and imprisonment of Ervin Salianji, a prominent opposition MP in Albania, has ignited intense debates about the independence of the country’s judiciary and its implications for democracy as well as radicalized opposition action in parliament and on the streets.
Salianji, a member of the Democratic Party, was sentenced to one year in prison by the Court of Appeals for allegedly making a false public accusation in a drug trafficking case involving the brother of former Interior Minister Fatmir Xhafaj. The brother, Agron Xhafaj, was later extradited to Italy to serve a sentence related to drug trafficking.
-A politically charged conviction-
Salianji was convicted for allegedly filing false charges, yet he never formally submitted a complaint to law enforcement. Instead, he publicly accused the brother of Fatmir Xhafaj of drug trafficking in a press conference. Salianji's accusations revolved around Agron Xhafaj’s conviction in Italy for international drug trafficking and the claim that despite being internationally wanted, he moved freely in Albania.
Salianji suggested that the then interior minister himself shielded his brother from arrest and extradition, raising serious questions about potential abuses of power. Crucially to the case, he accused Agron Xhafaj as actively involved with drug trafficking at the time.
Legal experts argue that even if the accusations were false, Salianji should have been prosecuted for defamation, which carries a fine, rather than being convicted for making a false report. Furthermore, the facts seem to support Salianji’s allegations, as Agron Xhafaj later turned himself in to the authorities and was extradited to Italy to serve his sentence.
-Unveiling the Xhafaj scandal-
In 2018, Salianji publicly accused Agron Xhafaj of ongoing involvement in drug trafficking. The opposition Democratic Party (DP) used these revelations to challenge the Socialist Party government, alleging that Fatmir Xhafaj, as interior minister, had protected his brother from justice. The scandal escalated when Salianji presented an audio recording purportedly showing Agron Xhafaj's continued involvement in criminal activities.
This bombshell accusation sparked a political firestorm, with the opposition accusing the government of corruption and organized crime links. However, the prosecution dismissed the audio evidence as fabricated, claiming it was staged by the opposition to create a political scandal. Despite this, many remain unconvinced, believing the case was politically motivated to punish Salianji for exposing government wrongdoing.
-Judicial independence in question-
Salianji’s conviction raises serious concerns about the independence of Albania’s judiciary, particularly given the country’s ongoing justice reform, initiated in 2016 with EU support. The reform aimed to root out corruption and political influence in the judiciary, but the case against Salianji has caused many to question the effectiveness of these efforts.
Salianji and his supporters argue that the charges are politically motivated, intended to suppress dissent and protect powerful government figures. His conviction, they claim, is a direct result of his attempts to expose the government’s ties to organized crime, specifically in shielding Agron Xhafaj.
The Democratic Party sees the ruling as an attempt by Prime Minister Edi Rama’s government to silence opposition voices. Critics, including analysts like Ermal Mulosmani, have pointed out that while the courts swiftly prosecuted Salianji, they were slow to investigate the serious allegations against Agron Xhafaj. The perception of selective justice, where those in power are shielded while critics are punished, has deepened concerns about the integrity of Albania’s judicial system.
-Interior minister with brother convicted of drug trafficking-
The fact that Fatmir Xhafaj was serving as interior minister during the investigation into his brother’s drug trafficking adds another layer of complexity to the case. As the head of Albania’s law enforcement, Xhafaj would have had oversight over the very agencies tasked with investigating his brother, leading to widespread allegations of conflict of interest.
Following Salianji’s public accusations, Agron Xhafaj eventually surrendered to the police and was extradited to Italy. The opposition, however, claims this only happened due to mounting political pressure and that, without Salianji’s revelations, Agron Xhafaj would have continued evading justice.
Moreover, the DP alleges that Agron Xhafaj remained involved in criminal activities even after his conviction, but these claims were never thoroughly investigated by Albanian authorities.
Instead, claiming he had helped fabricate a wiretap to shore up the accusations, prosecutors went after Salianji.
The Anti-Mafia Law, designed to investigate and seize assets from individuals involved in organized crime, was notably absent in the case of the Xhafaj family, despite the seriousness of the accusations. This failure to apply the law has further fueled allegations of government protection for the Xhafajs, undermining the credibility of the justice system.
-Political implications and growing tensions-
Salianji’s conviction comes at a time of increasing political unrest in Albania. The opposition has long accused Prime Minister Edi Rama’s government of authoritarianism and corruption, and this case has only exacerbated those tensions.
The Democratic Party has vowed to escalate its protests, with leaders calling for civil disobedience and other radical measures to challenge what they see as an assault on democracy. On Sept. 30, they caused a massive brawl in parliament, for example, taking their chairs outside the building and burning them.
The ruling Socialist Party says it will expel 24 opposition MPs from parliament for their actions and will file criminal charges against the opposition MPs involved in the protest.
Salianji has framed his conviction as a personal sacrifice in the fight against corruption. His imprisonment, he argues, is proof of the government’s deep-rooted corruption and willingness to use the judiciary to silence critics.
The conviction of a prominent opposition figure for exposing alleged government corruption raises troubling questions about the state of democracy in Albania. The use of criminal charges to silence opposition voices, particularly in cases involving political speech, is a disturbing trend. If the judiciary is seen as a tool for political retribution, it undermines public confidence in Albania’s democratic institutions.
