By Desada Metaj
What is today the most controversial topic of the day, the draft of the new criminal code, is neither a new topic nor previously undisputed. In fact, it all started in December 2020 when the then Minister of Justice Etilda Gjoni submitted to the Parliament some fundamental changes to the Criminal Code drafted by a working group led by Arben Rakipi. Coincidentally or not, the criminalization of insults or mockery of political figures was almost the same as the draft presented a few days ago by Minister Ulsi Manja. In other words, Etilda's version of the code and the one proposed by Ulsi have in common not only the Socialist Party but also a name: Arben Rakipi, the current director of the School of Magistrates.
The latter, a former chief prosecutor, marked the peak of his career with the arrest in '98 of former DP officials on charges of crimes against humanity. As one of the journalists present at the press conference at the time, which happened to be an uneventful Sunday, I remember in detail the scene when Mr. Rakipi presented as evidence to former Defense Minister Zhulali and other officials 3 plastic Coca-Cola bottles with a liquid that, according to him, was a poisonous substance. This case, the murder of Azem Hajdari and the Cocaine file would be Arben Rakipi's challenges as Prosecutor General. But even though all three resulted in failure, over the years the former prosecutor general, like all those who followed him, managed to build his empire of professional and financial success, always with the blessing of politics.
For the second time in 5 years, Arben Rakipi is at the center of a debate about a variant of the new penal code. If in the first presentation in 2020 he had Etilda Gjoni by his side, a few days ago he had Ulsi Manjë. The Minister of Justice whose jacket recently seems to be blowing up from the currents of the PS corridors. The reason seems to be the Veliaj case where socialist colleagues consider Ulsi Manjë as the leader of the "anti-party" group that persecutes the acting mayor of Tirana. Surprisingly or not, in these currents, Arben Rakipi's name comes up again: his law firm was the first to be contracted by the mayor until a few weeks ago it was replaced by a law firm from the USA. That alone, in fact, would be enough for Mr. Rakipi to not be considered an expert to draft and present a new penal code. And even more so since Ulsi Manja is at his side in this process, who if he hadn't been a socialist chosen by Rama, probably wouldn't have even passed the vetting process as a weak prosecutor.
But the not-so-distant history of justice in the hands of politics in Albania is clear when important initiatives (such as the one for drafting the Penal Code) are transformed into a game in the hands of politics, which, if it does not intend to adapt the code to its interests, at least tries to use every debate about justice as a weapon for its internal battles. If you add to this the apathy in the actions of the opposition and the vocal aggressiveness of its leader, the changes or the new penal code will remain in suspense as long as Edi Rama enjoys a barren debate about a code that he has the votes to approve as and when he wants.
Albania needs changes to the Criminal Code more than opinions and comments on these changes. It is not that difficult to find a group of experts who do not come from either Fatmir Xhafa's court or Ulsi Manja's anteroom. It is enough to read the criticisms of the current draft in the media by specialists in the field, the suggestions of the EU office in Albania or to agree with some international experts and in a short time we can have a normal draft on which remarks and suggestions can be made. Otherwise, the variants served by the former prosecutors of the communist regime who, like reptiles, continue to be part of the system will simply be an object for ridicule and settling scores within the former Party of Labor. In this country, in 2025, it is absurd to think that justice can still be reformed by Fatmir Xhafaj with the special parliamentary commission and his extensions in the justice institutions. And if you add to this picture of justice reform and the New Penal Code with Ulsi Manja's stamp, maybe it would be better to keep the old one!
