Remarks by Ambassador John L. Withers II
Signing Ceremony of Memorandum of Understanding in Support of Accountable Courts
January 28, 2008
Mr. Minister of Justice, Mr. Deputy Chairman of the High Council of Justice, Mr. Chief Justice, Distinguished Guests, Ladies and Gentlemen. It is a pleasure to be here this morning to witness the signing of this Memorandum of Understanding in Support of Accountable Courts.
By signing this document, you express your willingness to cooperate with each other and with the United States to improve court administration and court decisions.
This Memorandum marks the beginning of an effort that we hope will transform Albanian courts into models of transparency, efficiency and accountability.
Our shared goal is to improve the delivery of justice in selected courts, and this is very important, in ways that citizens can see and feel. Simply and clearly put, we want to help Albania’s courts to earn the public’s trust.
Trust in the courts is indispensable to the rule of law. Citizens must believe that when they take their disputes to the courts they will be treated fairly and equally. They must feel that courts will judge their case impartially based on evidence and the law.
The perception that court decisions are made not on the basis of fact and law but subject to other influences or interests serves to erode public confidence. And it causes citizens to look for non-judicial alternatives to resolve disputes.
I find it encouraging that this signing ceremony takes place amid a larger debate over judicial reforms begun by the President.
This debate has taken a productive turn in recent months. As it moves toward a political consensus over the next few weeks and months -- and we hope it will -- there is no need to stand by and wait to take actions in the courts. Concrete steps to better courts can begin right now.
Following today’s ceremony, the United States Agency for International Development will enter into separate agreements with each of the 10 participating courts and will give those courts what they need to become more transparent and accountable in decision-making and more effective at enforcing judgments.
In exchange, the participating courts have already agreed in principle to the practices and scrutiny characteristic of courts in other democracies. These include activities like publishing decisions, recording and monitoring court proceedings, and increasing media coverage and civil society involvement.
These interventions will produce a near term impact of more open courts whose performance is better and is less susceptible to corruption. Over the longer term, the impact should be reflected in higher public trust in Albania’s courts and greater confidence in judicial officials.
The United States Government also supports these reforms as part of our longstanding commitment to support all efforts to advance Albania’s democratic development and Euro-Atlantic integration.
I commend all of the parties for their collaboration that produced this Memorandum of Understanding. We are about to undertake together a commitment to create more accountable courts and a fairer judicial system.
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