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Aktualitet

The Albanian Helsinki Committee criticizes Rama for closing the Turkish college: Hasty decision and consequences, the standards of the due process were not respected

The Albanian Helsinki Committee criticizes Rama for closing the Turkish college:

The Albanian Committee of Helsinki has reacted through a press statement regarding the authorities' procedures for closing the Turkish college. In its statement, the Albanian Helsinki Committee clarified that the authorities' procedures for closing the Turkish college do not meet the standards of the regular process. According to KSHH, the measure of closing the school is not in accordance with the requirements provided in the legal provisions listed by the Committee. Also, the CSC emphasizes that the right to due process is not limited only to the judicial process, but also includes that of an administrative nature, i.e. prior knowledge of the person with the facts that charge him with responsibility, respect for the right to be heard and protected, through the provision of preliminary clarifications. Adding that during the review of the case, are some of the basic elements that guarantee anyone's constitutional right to due process. "The procedures of the authorities for the closure of the Turkish College "Mehmet Akif Ersoy" do not meet the standards of due process, resulting in the granting of a harsh measure , hasty, disproportionate and with harmful consequences. KSh assesses that in the case of the closure of this private pre-university educational institution, the standards of the regular process required by Article 42 of the Constitution of the Republic of Albania were not respected. In decision no. 25, dated 10.05.2021 of the Constitutional Court, it is emphasized that the right to due process is not limited to the judicial process, but also includes the administrative process. Prior knowledge of the person with the facts that charge him with responsibility,

KSH: The decision does not meet the essential standards of reasoning

Meanwhile, in the statement of the Council of Ministers, it is stated that in the decision of the Council of Ministers, attention is drawn to the fact that it only mentions the obligations of the private pre-university educational institution and not the concrete reasons or motives, as well as the violations of the law that conditioned the approval for the closure of this school. Also, it is declared that the decision does not meet the essential standards of reasoning. "Getting familiar with this Decision of the Council of Ministers, I draw attention to the fact that it only mentions the obligations of the private pre-university educational institution and not the concrete reasons or motives as well as the violations of the law that conditioned the approval for the closure of this school. This decision does not meet the essential standards of reasoning, as an administrative act with consequences for the parties, but also for the students and their parents who have entrusted the Foundation with their education. According to the jurisprudence standards of the Constitutional Court, in addition to the formal elements, the administrative act must be clear and contain, in addition to the explanation of the factual situation on which it was taken, a summary explanation of the result of the administrative investigation and evaluation of the evidence, the basis legal provisions of the act, an explanation why the legal conditions for its implementation are met in this case (see decisions no. 25, dated 10.05.2021; no. 29, dated 27.06.2013 of the Constitutional Court)", the statement says.

Kërkesa për Ministrinë e Arsimit

Po ashtu, në deklaratë Komiteti i Helsinkit thekson se drejtori i Përgjithshëm i Fondacionit Gulistan, i ka kërkuar në rrugë zyrtare Ministrisë së Arsimit dhe Sportit miratimin e transferimit të shkollës nga godina ekzistente në një godinë në Kashar. Sipas KShH, Ministria e Arsimit dhe Sportit, me shkresën përgjigjej se godina ku mendoj transferimi nuk përmbushte kushtet.“Drejtori i Përgjithshëm i Fondacionit Gulistan, më datë 10.06.2022 i ka kërkuar në rrugë zyrtare Ministrisë së Arsimit dhe Sportit miratimin e transferimit të shkollës nga godina ekzistente në një godinë në Kashar. Ministria e Arsimit dhe Sportit, me shkresën nr. 4030/3, datë 01.07.2022 i përgjigjet se sipas relacionit mbi gjendjen ndërtimore të objektit të Zyrës Vendore Arsimore (ZVA) Tiranë, godina ku mendohej transferimi i shkollës nuk plotësonte standardet përkatëse”, thuhet në deklaratë.