Judicial Corruption Promotes Organized Crime in Albania - Term Paper Example

Judicial Corruption Promotes Organized Crime in Albania Thesis statement Corruption and political interference are inimical to the Rule of Law. All the same, Albania’s judicial system and police have a constant companionship with these two elements. Introduction In the region of the present day Balkans and Europe, the organized crime of Albania has been recognized as having the fastest growth. In addition, it is characterized by well networked criminal groups, and is comprised of organizations that engage in political and criminal activities. An instance of this criminal-politician nexus is that of the movement for the independence of Kosovo, which these organized crime groups support, so as to expand the base of their operations[Chê11]. In addition, the region of the Western Balkans has been embroiled in conflict of varying intensity for the past three decades. In the 1990s, the United Nations imposed an embargo on the nations that had constituted the erstwhile Yugoslavia. This resulted in a massive proliferation of smuggling of arms and goods. The organized criminal groups of this region rapidly established trade routes for their nefarious activities. These routes traversed national boundaries with impunity. A clear nexus between the politicians and these criminal groups was discernible in almost all of these nations[Zhi11]. The principal centers for such criminal activity were Albania, Bulgaria, and Romania. Albania was the last nation to experience the dismantling of the communist empire, in the early 1990s. For nearly 40 years after that incident, Albania retained its status of being one of the least known and least accessible nations of the world. This was the outcome of its decision to isolate itself from the rest of the world. The neighboring nations did not adopt the Albanian model and underwent significant development. Albania had been an instance of patrimonial socialism, during the communist era[Xhe12]. By the year 1997, the GDP of Albania decreased by more than 7% of what it had been the previous year. This was the consequence of failed fraudulent financial pyramid schemes and the related civil unrest. Albania continues to be plagued by corruption, inequitable tax regulations, inefficient bureaucracy, and political instability. These adverse features have made it very difficult for Albania to conduct business with other nations. A heavy toll has been exacted by these negative characteristics on Albania[Xhe12]. For instance, its application for membership to the European Union was rejected in November 2010. Corruption of the Judiciary The Albanian judiciary is one of the most corrupt institutions in the nation. This has been disclosed by a number of surveys. In fact, the Bertelsmann Foundation submitted a report in 2010, which revealed that the independence of the judiciary had been seriously harmed, due to interference from politicians. Similarly, Freedom House 2010 arrived at the same conclusion, and stated that the government, as a matter of course, interfered with the functioning of judges and prosecutors[Chê11]. A large number of instances of political interference with the administration of justice have come to light in this country, In addition, in Albania, it is commonplace for private sector entities and criminal groups to influence judicial decisions. Moreover, inadequate security for the judiciary has rendered it vulnerable to the external pressures. There is widespread bribery of the court administrative staff and the judges. An enterprise survey by the World Bank & IFC revealed that just 28% of the companies with operations in Albania, regarded the judiciary as fair, impartial and uncorrupt[Chê11]. As such, court decisions are not enforced strongly, especially when such decisions are opposed to the interests of those in power. Strategies of the Albanian Organized Crime Groups The organized crime groups of Albania resorted to corruption of varying intensity to emasculate the functioning of the judiciary. To this end, extensive use of bribery and blackmail was employed, which allowed the criminal organizations to obtain favorable rulings or even acquittals from the courts. In one instance, a reformed criminal disclosed in his diary that the court returned a verdict of not guilty against him, as he had bribed the judge, the prosecutor and his lawyer [Zhi11]. This incident transpired in 1994, and speaks volumes for the rampant corruption of the Albanian criminal justice system. Moreover, in 2008, the Durrës district head prosecutor resigned from his post. He had been serving for just nine months, and his departure was due to the inquiry initiated into property owned by him. He had failed to declare this property, which was very valuable, as was legally required of him. Furthermore, in 2009, a prosecutor was charged with the offense of having taken a substantial amount as a bribe to negotiate with the presiding judge of the court[Zhi11]. This judge was his wife, and the bribe had been paid by a criminal group, whose member was being tried. Distrust in the Judicial System and the Corruption of the Police In addition, the police of Albania have been notorious for their corrupt practices, from a very long time. As disclosed by the US Department of State, Albanian police was directly involved in a tenth of the cases of trafficking of foreign victims through Albania. Moreover, these guardians of the law have been actively involved in sex trafficking. The police have been in active collaboration with such smugglers, whom they protect from prosecution[Bek12]. On the other hand, the victims discover to their unmitigated chagrin that their case has been delayed for years or even abandoned. Moreover, the police have regularly helped traffickers, who had been found guilty. Such assistance ensured that they received much lighter sentences for their crime. There is a strong affinity among the politicians, bureaucrats, and the criminals. This has reinforced and rejuvenated the criminal organizations[Bek12]. Moreover, the police provide considerable assistance to criminal organizations, in the area of falsifying documents. Such corrupt individuals and their deeds are well known to the public. In addition, these persons engage in criminal activity openly and with impunity. The real danger lies in the fact that the Albanians accept corruption among the politicians, law enforcement agencies, government, and the judiciary as a normal feature of their society[Bek12]. Furthermore, the Center for Transparency and Freedom of Information conducted a survey of Albanian judges. This survey disclosed that several of these judges acknowledged the presence of rampant corruption in the judiciary. This survey had polled 58% of the judges of Albania. Amongst these respondents, a mere 18% declared the judiciary to be free of corruption. In fact, a fourth of these respondents stated that they had been forced to pay bribes to receive medical treatment in the public hospitals[Lik12]. Thus, Albania’s judiciary receives and gives bribes, indicating the pervasive nature of corruption in this nation. As such, corruption and political interference are constant companions of the judicial system of Albania. This was disclosed by Nils Muižnieks, the Commissioner for Human Rights. The rule of law and the trust reposed by the populace in justice had been seriously compromised by the extraordinary levels of corruption in the judiciary. The latter’s functioning left much to be desired, and it was incumbent upon the authorities to adopt measures that would bring on the effective investigation and prosecution of instances of judicial corruption[Cou14]. Nevertheless, Nils Muižnieks expressed happiness at the national reform strategy and the action plan to buttress the judiciary of Albania. However, he was quick to point out that the need of the hour was for more determined action, such as better transparency and the selection of candidates to the judiciary and their appraisal on the basis of merit. Whilst submitting his recommendations, Nils Muižnieks, stated that the judiciary had to be depoliticized. This was to commence with the strengthening of the autonomy of the High Council of Justice, which was responsible for ensuring the integrity of the judges[Cou14]. In addition, Nils Muižnieks, recommended that the members of the High Council of Justice were to be elected by a qualified parliamentary majority. Furthermore, these members were to be enabled to exert greater influence on the appointment, promotion, and disciplinary proceedings of judges at every level of the court hierarchy[Cou14]. Every attempt was to be made to ensure that there was no improper interference with the judiciary by the politicians. One such measure was to prevent the Minister of Justice from intervening in the disciplinary proceedings initiated against judges. Finally, he called upon the Albanian authorities to enact legislative measures pertaining to the appointment of the General Prosecutor by the President of Albania. These legislative measures had to ensure a qualified majority in the vote and consent by parliament[Cou14]. Accordingly, the steep corruption rates in Albania have emerged as a major hurdle to the development of this nation. The World Bank’s Control of Corruption measurement of 2008, accorded Albania a rank in the 25-50 percentile. Moreover, the Transparency International Corruption Perception Index of 2008, was 3.2 for Albania, which accorded the 85th place to Albania among the 180 nations ranked by this organization[Ska10]. Conclusion Albania is beset with several problems. However, one of its major problems is that of corruption. It comes in different guises, such as the bribing of public officials, misuse of tenders, defective privatization, prejudicial award of public contracts, formation of monopolies on essential commodities, discriminatory application of taxes and laws, illegal funding of political parties, and the embezzlement of state revenue[Ska10]. There is an intimate and close association between corruption and organized crime. Thus, several of the senior state officials are involved in criminal activities, such as, the acquisition and sale of contraband goods, smuggling, tax evasion, and land grabbing. With regard to the control of corruption, vis-à-vis its neighbors, Albania has been extremely lethargic and disinterested. Until 1996, the situation in Albania had not deteriorated significantly. Subsequently, control of corruption was effectively abandoned and the little recovery that had been displayed proved to be insignificant[Ska10]. As such this work substantiates that corruption and political interference, which are the enemies of the Rule of Law, are rampant in the judiciary and police of Alabama. The Rule of Law, per se, should be founded upon the elements of justice and fairness. In Albania these elements are conspicuous by their absence. List of References Chê11: , (Chêne, 2011), Zhi11: , (Zhilla, 2011, p. 389), Xhe12: , (Xheneti & Bartlett, 2012, p. 611), Xhe12: , (Xheneti & Bartlett, 2012, p. 612), Zhi11: , (Zhilla, 2011, p. 392), Bek12: , (Bekteshi, Gjermeni, & Van Hook, 2012, p. 484), Lik12: , (Likmeta, 2012), Cou14: , (Council of Europe, 2014), Ska10: , (Skardziute, 2010), Read More