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Fiks Fare denounced the blunders of the Administrative Court of First Instance Tirana, which has changed the names and numbers of the decision, dragging a citizen for months.
The collapse that has gripped the judicial system directly affects the citizens, who, in addition to not receiving justice, are plagued by the mistakes of this court. They are even penalized with monetary values that have to pay for these shortcomings in court decisions made “step by step”.
The editorial office of the show “Fiks Fare” received a complaint from Mr. Timoleo Babi, who is appealing against a court decision given by Semiramis Hoxholli, dated July 29, 2021. The applicant for this decision is IKMT, while the object of issuing the order of execution with fine number 255, dated 17 July 2020, of IKMT for the subject Timoleo Babi. A decision went to this person, but he claims that no inspector of IKMT went to his facility to make such a finding. According to him, the decision no. 255 is not in his name but of other persons.
Following this appeal, Fiks Fare made a search on the website of the Administrative Court of First Instance Tirana, where it found that this case had gone on July 14, 2021. It is an administrative case, type of initial trial, category execution order, status delivered. While the object of the lawsuit is “issuance of the execution order” with no. 255, dated 17 July 2020, with serial number 0000393 of the National Inspectorate of Territorial Defense for the subject Pjetër Viluni. So, the data of the court decision are the same, while only the subjects change. In the first case it was Mr. Timoleo Babi. Meanwhile, from the observation of Fiks Fare, the subject is Pjetër Viluni!
After this finding, the journalists of Fiks Fare, went to the Administrative Court in Tirana to get information. “It is an execution order decision requested by IKMT. The execution order is issued with only one copy and is received only by IKMT. “The person can follow the entire legal way to oppose him if he has been executed,” said the chancellor. He further stated that “only by following the legal path can he gain his right”. She said that for the mistake of changing the names, we had to make a request for information. Fiksi made a request and after a few days, the Administrative Court of First Instance returned an answer that “on July 14, 2021, two requests from IKMT went to this court”. But, both requests were for the subject Pjetër Viluni and not for Mr. Timoleo Babi! “We clarify that regarding the case with no. 3111-04361-80-2021 during the registration of the object of the request in the system, a material error was made in the name of the subject. The object of the previous case was mistakenly copied and pasted and the name of the subject for which the issuance of the execution order is requested has not been changed, when in fact it refers to the subject for which the judge has made a decision, ie the subject Timoleo Babi. So the decision no. 1799, dated 29.07.2021 was issued for the subject Timoleo Babi ”says the Administrative Court.
But, in addition to the error in the system, even in this answer, the Administrative Court returns the answer that both requests are for Mr. Pjetër Viluni. Not for Mr. Timoleo Babi! If there was a mistake in the system, why did this court make a mistake in the answer to Fiks Fare ?! Even in the whitewashed decision sent to us by the Administrative Court, in the end there are still gross errors. At the end of the decision, in point 2 it is written; Issuance of the execution order for the offending subject Timoleo Babi, Bledar Ismaili in the amount of 500 thousand ALL. So there are mistakes again! For which subject was an execution order issued, for Pjetër Viluni, Timoleo Babi or for Bledar Ismaili ?!
Fiksi was also interested in IKMT for which person the decision was taken with number 255, for Mr. Babi or for Mr. Viluni ?! IKMT brings us a written answer that there are two different decisions, one for Mr. Viluni and one for Mr. Babi. According to IKMT, decision number 255 is for Mr. Babi. But, Mr. Babi says that he has never been informed about such a violation, especially since in the same period when IKMT claims, the IMT of the Municipality of Saranda also went to him. He challenged in court the decision of IMT Saranda, where he won in both levels of the judiciary, in the first instance Saranda and in the Gjirokastra Appeal. So, an error of the Administrative Court of First Instance Tirana, which has changed its number and name, has plagued it for months, already facing execution. He was not notified of the trial, without being able to appeal to the Administrative Court of Appeal. Furthermore, both administrative courts are in Tirana, while the complainant is in Saranda.
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