Lifestyle - Opinion

How I Fought For My Right To Stay In Albania- A Journalists Story

In November 2018, I found out I was pregnant and was also diagnosed with a condition known as a subchorionic haematoma which can increase the risk of miscarriage. Sure enough, within a few weeks I had been put on bed rest due to the worsening of my condition, one month later I was admitted to hospital. After being told there was no heartbeat and I had lost my baby, I begged the doctor to check again. It was at that moment, my daughter’s beating heart was picked up by the ultrasound.

From that moment on, I was placed again on bedrest and a combination of medication designed to lessen the chance of me having a miscarriage. I was told to avoid stairs, walking too far, and travelling in cars, public transport, or planes. 

During this time frame, my one-year residence permit to stay in Albania had expired. Due to the complications and multiple hospital stays, I had not been able to attend the Border Police and Immigration department in Laprake. When I finally did attend to start the renewal process, the police advised me that if I provided a medical certificate detailing my condition and that I had been unable to attend their office during the renewal timeframe, they could waive all penalties and obstacles.

I did this, as well as submitting all of the documentation I was told I needed to by the department. In a meeting with the Director of Immigration, my medical certificates were accepted and signed off on and I made the payment in the bank for renewal fees- the final step of the process.

Days later, I became the victim of a media smear campaign that saw a number of internet news portals publishing articles claiming that I was a “Russian Spy”, “enemy of Albania”, “traitor” and was “paid by the opposition”. They also published photos of my partner, an Albanian citizen saying he was “wanted by the police” and was a “violent militant”. These reports came as retaliation to my factual reporting on the anti-government protests that had happened in Albania at the time, as well as comment given to Russia Today along with another British journalist from The Guardian.

I was 6 months pregnant at the time and was harassed through social media, news outlets and even on the street. I was eventually hospitalised for high blood pressure and heart palpitations due to the stress which almost resulted in a csection at 6 months, due to the fact they could not stabilise me. Luckily, at the last moment, I stabilised but again, was put on bed rest and a lot of medication.

The attack on me was condemned by Committee to Protect Journalists, Reporters Without Borders, the Council of Europe, the International Press Institute, the European Centre For Press And Media Freedom, the Albanian Media Council, and her union both in Albania and internationally.

Just four days after the smear campaign started against me, I received a call from the Immigration police who informed me that the previous approval for the renewal of my residence permit had been refused due to “an order from above”. The police refused to provide any documentation to support their claim, as required by law.

For two weeks, I received no written reason meaning I was unable to appeal the decision. I was told that I had to leave Albania and re-enter in order to restart the permit application from the beginning, something I was unable to do due to my pregnancy complications. In the meantime, the police leaked private information about me to the media as well as false information that was then published to try and discredit me further.

https://www.instagram.com/p/B3EajsZAQgv/

Eventually, the police informed me that my residence was refused due to missing the deadline for renewal and because apparently I had applied for the wrong kind of permit. The decision was appealed by me, with the assistance of lawyer Egla Muzaka on the basis I was hospitalised and on bed rest at the time it had expired, that I had provided medical documents, and that I had applied for the permit based on the requirements stipulated to me by employees of the immigration department. The police refused my appeal.

I then proceeded to take the Immigration department, the immigration police, and the Ministry of Foreign Affairs to court, claiming that I should not have to pay a fine, or restart the application as I was in line with the law.  

In the meantime, the Albanian Ombudsman investigated the case and offered the opinion that the police’s decision was not based on law and that all obstacles to my acquisition of a new permit should be removed. They gave the police 30 days to respond but their opinion was ignored.

When my lawyer Egla Muzaka contacted the Immigration department to query whether I could travel outside of Albania due to work commitments, she was told “we don’t know” and they refused to clarify whether she would be stopped from leaving, refused reentry, or just fined. This move was described as “administrative harassment” by a representative of the Committee to Protect Journalists.

At this time, and with the support of my union, the International Federation of Journalists, I engaged the services of Bendo Law, headed by founding partner Boiken Bendo. Muzaka was unable to attend one of the court dates and due to the urgency of the case and the fact that I felt I was essentially a prisoner within the country, another option had to be found.

 

Me and Boiken Bendo, one of my lawyers.

With just two days before the preliminary hearing, Boiken and his team worked hard to make sense of the series of events, as well as the conflicting correspondence from the police.

In some communications they had refused my renewal and requested a payment, in others they said if I paid, they would issue the permit. Furthermore, from the documents provided by the police, it was not clear exactly why the fine had been imposed to begin with. If indeed they had issued the permit, accepting my reasons for delay of renewal, then the fine would not be applicable. It seemed like the fine was there for no reason, with no logic in Albanian law.

At the preliminary hearing, Boiken submitted a number of documents to court including my extensive medical documents. Hearing him read out details of when I had nearly miscarried my beautiful daughter, brought me to tears. Police lawyer Entela Selamini objected saying she had not seen these documents before, despite them being presented multiple times in February, March and April.

Me and Ira from “We Translate”.

Prior to the trial session starting, my partner and I walked past Selamini in the hallway of the court. She asked my partner why he was looking at her, he answered because she was stood there, and then asked if she was the police lawyer. We progressed to the courtroom where Selamini made the astonishing claim that my partner had “threatened her”. She said she had called two patrol officers to wait outside the room who would arrest my partner after the proceedings.

In a clear attempt to change the opinion of the court and to intimidate me, luckily the judge saw through it. She challenged Selmini to bring the officers into the courtroom and to openly discuss the issue- Selmini refused and the patrol officers magically disappeared.

When the court session finally started, the police lawyer requested the case be dismissed, claiming there was no fine issued against me. We stared in shock and disbelief. 

Thankfully, Boiken found several instances of the demand in correspondence from the police and presented it to judge Seraramis Hoxholli. He also read out details of my medical history, clearly showing that there was no way I could have travelled to the Immigration department’s office during the timeframe that they stipulated. He called for the court to rule for the removal of any penalties and for my residence permit to be issued.

Judge Hoxholli took around 10 minutes to deliberate, during which time I sat there in a state of anxiety. My heart was racing and I was blinking back the tears, praying for justice.

Luckily the judge returned a verdict that followed that of the Ombudsman and the request of my lawyers. In addition, the police were asked to cover all court costs and were informed that the decision in favour of myself, could not be appealed. The police’s lawyer left the room without saying a word.

I am so relieved this nightmare is over, it has been eight months of hell placing undue stress on me, my baby, and my family. I have no doubt that this whole situation arose because of my work as a journalist and that they were designed to intimidate and harass me. I will continue writing and I extend my thanks to Boiken Bendo and his wonderful team, as well as all of those who helped and supported me throughout.

The court proceedings were monitored by the Albanian Ombudsman and the Helsinki Committee with remote observation from the OSCE Media Freedom unit and EU Delegation in Albania. The British Embassy in Tirana did not react to the ruling after refusing to intervene during the initial and later stages of the case. Translation assistance was provided by We Translate Albania and the Balkan Investigative Reporting Network was present at hearings to report on the case. Support was also given on a continuous basis by a number of international human rights and media freedom organisations.

Court cases against Mero Baze, his publication Gazeta Tema, and publications owned by Alfred Peza are ongoing. I have sued them for libel for being key figures in the smear campaign against me and for refusing to take down the libellous posts about me and my family. All proceeds of the case, if and when I win, will be split between Streha, Food Bank Albania, ASPCA and Useful To Albanian Women, and a fund that will be set up to pay the legal bills of journalists who are attacked, smeared, or judicially harassed as a part of their work.

Yes, I still love Albania and this whole ordeal has just made me more passionate to fight for justice and the truth in the country I love. 

Thankyou to everyone who supported me legally, with translation, with news reports, and with messages and comments of encouragement and strength.

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