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Former judge of the Constitutional Court, Luan Daci has held a statement to the media today where he spoke about the sentence given by the Special Court to sentence him to 6 months in prison.
Daci said that with the decision taken, GJKKO had committed a series of violations “Violation of the Basic Law of the State, the Constitution of the Republic of Albania, plus the Constitution-Annex”. Daci is accused of forging documents during his application for the position of KPA member.
The court convicted Daci of hiding his dismissal in 1997 by becoming a member of the Special Appellate Panel, which he denies.
MEDIA STATEMENT BY THE FORMER JUDGE, LUAN DACI:
First of all, thank you for your participation in this press conference, convened by me, as a judge of the Constitutional Court, member of the institution of transitional re-evaluation of judges and prosecutors of the Republic of Albania – Judge of the Special Appellate Panel, parallel room of the Constitutional Court, which functions and is organized on the basis of the Constitution of the Republic of Albania (its Annex).
I. The purpose and object of this press conference is:
Clarification of the legal-constitutional situation of the judge of the Constitutional Court, Luan Daci, regarding two evident facts:
a. My criminal punishment without law – without criminal fact, without foreseen offense defined in the Albanian criminal legislation as a criminal offense. I have not falsified any official document or official form presented before the People’s Advocate and the Assembly of Albania. All documentation submitted and submitted by me has been and is regular, official and valid and uncontested by these bodies, as well as by 6 commissions of procedure.
b. I have not falsified any form or document of any kind, requested by the procedural body, as evidenced by his bilateral document, entitled “Certificate” no. prot. 8, dated 06.02.2017, issued three days after my application for positions in the vetting bodies. Everything that this bilateral document required, signed by me and the People’s Advocate, ie documents or data, was presented correctly by me, without correcting, without deleting, without scratching any data on them. So I have not forged any document, no form, so I am absolutely innocent. I have been convicted without a criminal fact and in violation of Article 388/1, points a, b, c, d of the Code of Criminal Procedure.
I have been convicted of a “criminal offense” called by the GJKKO “Intellectual Forgery”, which DOES NOT EXIST AT ALL IN THE ALBANIAN CRIMINAL LEGISLATION!
Exactly, this legal invention, this norm created, both by the SPAK Prosecution and by the Special Criminal Courts, is the first cause, the first legal phenomenon, for which I have convened this conference and I want to inform the public opinion, Albanian media and lawmakers, that in the criminal decision against me, the prosecutors and some judges of this case (the judge of the Court of First Instance, two judges of the Court of Appeals and two judges of the High Court, in violation of of the Basic Law of the Albanian state, which is the Constitution, according to Article 145/1, not only have not been subject to the law and the Constitution, as ordered by this constitutional norm, but have invented a legal norm, thus obtaining the attributes of the body of the highest state power, which is the Assembly of Albania (legislative power)! So, with arbitrariness, violation and non-compliance with Article No. 1, 2, 3 of the Criminal Code, the judiciary, to punish me, have created flax gj unforeseen in the Albanian criminal legislation, inventing the norm of the so-called “intellectual forgery”.
This makes this process manifestly illegal, through Article 388/1, points a, b, c, d of the Code of Criminal Procedure, openly in violation of Article 7 of the European Convention on Human Rights (ECHR), according to which there is no punishment without law, as well as in violation of Article 29/1 of the Constitution of the Republic of Albania, so in my case, they have set a precedent for an unforeseen offense as a criminal offense. Specifically, “intellectual falsification” the plaintiffs, the prosecution and the judges involved in this process have considered my expression in the Request – Application for positions in the three re-evaluation institutions, which is based on Article 6/1 / dh, with the following content:
f. No disciplinary measure has been taken against me for dismissal or any other disciplinary measure, which is still in force, according to the legislation at the time of application.
Shamefully, the prosecution has made a play on words, cutting this sentence in half, leaving only:
f. No disciplinary action has been taken against me for dismissal or any other disciplinary measure.
He described this as “intellectual forgery”! Apart from being absurd and completely illegal, also in the linguistic sense, this term is wrong, because in fact, intellectual forgery is part of plagiarism and is not related at all to forgery of documents.
Above all, the request is a free expression of the interest and will of the applicant, compiled by him in a discretionary manner (according to his wish) and expresses only the interest, position (object) and time limit.
I also clarify that the alleged disciplinary measure was taken in my absence for 20 years prior to my application for vetting positions (1997-2017) and that I was never notified of it prior to the commencement of criminal proceedings (2020). I also emphasize that there is no disciplinary measure with a duration of 20 years! Also, the prosecution, officially initiated by those fired by me and not mainly, made a series of other charges, which fell during the process.
II. The same phenomenon of punishment without law, again in violation of Article 100/2 of Law no. 96/2016, “On the Status of Judges and Prosecutors in the Republic of Albania” was openly violated by the Disciplinary Commission of the Special Appellate Panel, when it took its Decision no. 1 (JD) on 09.12.2021, which decided my dismissal from duty, as well as the criminal one, without the cause of my discipline, which is clearly defined and provided in Article 16 of the Special Vetting Law, with no. 84/2016, which guarantees the functioning of the concrete body of the KPA.
The KPA Disciplinary Commission, in clear violation of Article 6 of the Constitution of Albania, deviated from its legal reference, bypassing the provisions of this Article and Article 4/1 of the Constitution and moved to Article 128 // 2 / bi Constitution, ignoring Special Law 84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania” (Vetting Law) and special provisions of the Constitution (Annex) in Article C / 16 thereof:
Article C
“The member of the Commission, the judge of the Appellate Panel and the Public Commissioner have disciplinary responsibilities. Cases of disciplinary violation are reviewed by the Appellate Panel, according to law.
“According to the Law” means: according to Law 84/2016, as Article 16 of Law 84/2016, clearly states that:
Article 16
Disciplinary responsibility of the member of the re-evaluation institutions
The member of the re-evaluation institution bears disciplinary responsibilities, especially due to:
…. 16 cases are listed – point and point 17 states:
17. Other cases provided by this law.
Thus, the legislator has clearly defined that the violations of KPA members are regulated by their special Law no. 84/2016, in contrast to other magistrates of the Republic of Albania and in contrast even to other members of the Constitutional Court, who are regulated by Article 128 of the Constitution and Law no. 96/2016 “On the status of judges and prosecutors in the Republic of Albania”. The law on the KPA is a unique, special law, clearly framed and leaves no room for extrajudicial treatment.
The malicious intentional passage of the Disciplinary Commission to Article 128/2 / bi of the Constitution in my case makes the arbitrary decision, unfounded in the special law 84/2016.
Non-compliance with Law no. 84/2016, which provides for two legal institutions:
a. Maintaining disciplinary responsibility for all 17 cases provided in this law
b. Initiation of disciplinary proceedings only in the conditions of committing a disciplinary violation defined in the same law (84/2016), according to Article 16 thereof, by order of the legislator, for cases provided by this law.
The Special Appellate Panel, as part of the re-evaluation bodies, is regulated by the Special Vetting Law (84/2016) and not by the general Law “On Magistrates”, nor by Article 128 of the Constitution, which is for members of the chamber. other of the Constitutional Court.
Precisely to share the competencies, status and obligations and penalties towards the members of the KPA, the amendments of 2016 were made (Annex to the Constitution and Law no. 84/2016, voted as never unanimously by 140/140). This is in order to avoid pressure on the members of the transitional re-evaluation institutions, so that we can give objective judgments and have special legal protection.
It is a fact that I have not violated any of the provisions of Special Law no. 84/2016 nor of the Constitution-Annex, specially modified in 2016.
This very clear provision makes this process openly illegal, in violation of Article 16/17 and Article 17 of Law 84/2016, in conjunction with Article 4/1 and Article 6 of the Constitution and also make my dismissal from the duty of the member of the KPA, with the above-mentioned decision, an arbitrary decision, which has created a norm outside the competencies of the court (ultra vires), by absorbing the competencies of the other power, that of the legislator, this unconstitutional action.
The legal consequences of this decision of the KPA Disciplinary Commission for my dismissal, openly illegal, are the result of an illegal disciplinary process, in violation of Article 17/1 of Special Law no. 84/2016, as well as in non-compliance with Article 100 / b of Law no. 96/2016 “On the Status of Judges and Prosecutors in the Republic of Albania”.
I inform the media opinion and through it, the entire Albanian public that the Disciplinary Commission that decided my dismissal, has committed with full legal conscience (conviction without law, without fact, without disciplinary cause) a set of violations:
a. Violation of the Basic Law of the State, the Constitution of the Republic of Albania, plus the Constitution-Annex.
b. Violation of special law no. 84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”.
c. Violation of Law no. 96/2016 “On the Status of Judges and Prosecutors in the Republic of Albania”, which does not belong to the members of the KPA.
Violation of the above legal provisions is unconstitutional, in clear violation of the principle of legality and makes this decision absolutely illegal, illegal, unenforceable, with null and void effect.
I would like to remind the public and the media that the activity of the judiciary is only the implementation of the law and not the creation of a legal norm by the judiciary. Albania is a Parliamentary Republic, which means that laws are drafted only by the Albanian Parliament and the judiciary only implements them. Decisions in excess of these competencies are clearly illegal, illegal decisions, ie without legal basis and without legal fact, which bring unenforceable legal consequences. The trinomial “Fact – Legal basis – Legal consequence” defines the regular legal processes. The deformation of one of these three elements during the decision-making process makes the decision illegal, unenforceable, even verifiable and correctable by the relevant body, which in this case is the Assembly of the Republic.
Thus, the violations committed both in the disciplinary proceedings and in the decision-making of the KPA Disciplinary Commission against me, are evident, have a constitutional barrier for non-implementation of a decision, for which the ECHR, in Article 13, authorizes the highest national body to provide effective remedies for all violations of the KPA Disciplinary Commission, despite the fact that these violations have been made in the formal fulfillment of their official function.
In compliance with this provision, which even prevails over domestic legislation, the Assembly should correct this situation through the establishment of a Parliamentary Commission of Inquiry, which should verify all legal violations in both these processes.
With respect to your participation
Luan Daci
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