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The Court of Administrative Appeals has accepted the request of the Tirana Prosecutor, Sonila Muhametaj, for the review of the competition for appointments in the SPAK.
The Prosecutor of Tirana sued the High Council of the Prosecution and demanded the null announcement of the appointment of Elvin Gokaj and Alfred Shehu, as according to her the scoring was given without merit.
The hearing is in the phase of final conclusions, the prosecutor requested the re-establishment of the appointment of two SPAK prosecutors Alfred Shehu and Elvin Goge.
Regarding the appointment procedure, the procedure was violated and the decisions taken by the HPC were given in conflict of interest. There have also been constitutional violations, in appointing and not receiving full points. He demanded the reopening of the competition and a decision by the High Council of the Prosecution.
While the plaintiff in this case the High Council of the Prosecution during the reading of the final conclusions before the court stated that there was no conflict of interest, as the two members of the HJC were part of the council and not the commission. The monitoring was also done by internationals.
The representatives of KLP requested the dismissal of the case and if this does not happen then as another request they filed the dismissal of the prosecutor’s lawsuit, for the rejection of the decision of KLP. After hearing the parties, the court withdrew its decision.
Appointments to the SPAK / Prosecutor’s Court of Appeals to reinstate the race
Prosecutor Sonila Muhametaj again insisted before the administrative court of appeal that Elvin Gokaj and Alfred Shehu won the race for SPAK under deliberate preferences, even though according to her one was considered incompetent by vetting and the other with uninvestigated files, such as pre-election murder in Elbasan.
Sonila Muhametaj: As far as Mr. Shehu is concerned, the first condition is not security, his security certificate is partially declassified and the prosecutors and the entire magistrate must be completely declassified.
You also raised a question mark about the event in Elbasan?
Sonila Muhametaj: Yes, you gave it, the media and the attitude of the prosecutor gave it. One of the sensitive conditions is the attitude of the prosecutor in the investigation. For Gokaj, the attitude of the KPC and the KPA is that of his inability to go to the magistrate school.
In her battle for SPAK, prosecutor Muhametaj is using as a weapon the decision-making of the KLP, which appointed Gokaj and Shehu as special prosecutors, who have been wearing this tunic for months. For this appointment, the prosecutor accuses the KLP of appointing them by favoring them, while the prosecutor Muhametaj had investigated the two members of the KLP.
This investigation, according to the prosecutor, brought him a discriminatory ranking.
Muhametaj: I investigated Balla’s uncle’s son and I investigated Tartar Bazaj directly.
But with Gokaj and Shehu long appointed to a Spak that has been formed with 17 judges, the battle of prosecutor Sonila Muhametaj raises a question mark as to how the SPAK was formed.
During the session that is being held in Tirana and where questions are raised about how the two most recent appointments in SPAK were made, the prosecutor of the capital, Sonila Muhametaj asks the Administrative Court of Appeals to receive the two files of prosecutors appointed in SPAK, Elvin Golkaj and Alfred Shehu.
“I think and appreciate“, Further said the prosecutor who ran for SPAK, but was not ranked the winner”that the two members of the KLP, Tartar Bazaj and Alfred Balla have been in conflict of interest as I had investigative issues in one case against Baza and in the other for Balla’s relative. I therefore seek to administer data on those proving conflict and bias“, Said before the court Muhametaj.
Journalist Anila Hoxha, who is following the administrative process, reports that the prosecutor requests the abolition of the ranking of two qualified winning prosecutors who are currently appointed to the SPAK.
“I have entered and in all the procedures of these appointments it has been done in violation of the law“, Said the prosecutor.
“I request the abolition of the list for the promotion of two prosecutors in office because the law on SPAK has not been respected, as candidates had to meet the requirements of professional skills. Tomorrow for the candidate Elvin Gokaj the skills would be evaluated, the commission of KLP should be abolished his name for career advancement. KPC in the process of re-evaluation of this subject during Vetting has qualified this magistrate as incompetent, giving him the obligation to attend the magistrate for one year. The other candidate is Alfred Shehu, who has problems with the CISD certificate.
These criteria had to be taken into account when the HJC promoted them and the HJC was obliged to obtain data. For the investigation that the prosecutor conducted for an event in Elbasan. Justice must ask what is hidden for this candidate who went to SPAK “stated the prosecutor before the Administrative Court of Appeal in Tirana.
“These two prosecutors should not have been appointed to the SPAK, so I request the abrogation of the decision of the HPC“, She added.
Muhametaj: I ask the court to administer the file of each of us who ran for SPAK and there you will understand why I request and insist on the abrogation of the decision-making for their career advancement.
SPAK has been filled with 17 prosecutors, but for the last two places where she was a competitor and Sonila Muhametaj, the prosecutor requests the zero declaration of the appointment of Elvin Gokaj and Alfred Shehu, because according to the accuser they did not receive the points with merit.
The High Prosecution Council has ended up indicted in the Administrative Court for the way it has listed several prosecutors before the SPAK. Former crime prosecutor Sonila Muhametaj demands the intervention of the court to overturn a decision of the KLP that did not qualify her from the competition and demands her appointment to the SPAK.
The process of appointments in SPAK reminds the prosecutor should be open, while two members of KLP according to the plaintiff are in conflict of interest and should have resigned. Because Sonila Muhametaj insists that he or their relatives were under investigation. Comparing with colleagues Shehu and Gokaj, she remembers not only the volume of files she has investigated, but also the parameters required to rise in her career at SPAK.
One of the winners, according to Muhametaj, was classified by the KLP as a violation of the Constitution, as he did not meet the condition of professional ability. As for the other, according to the prosecutor’s lawsuit, KLP did not go deeper and did not receive information from the Elbasan Prosecutor’s Office on how it had investigated while “the winning prosecutor of SPAK had some incorrect attitudes after being asked by the media for evidence on the murder of Pjerin Xhuvani”, says Sonila Muhametaj.
The prosecutor even accuses the HCJ of being on the verge of abuse of office.
Throwing strong doubts about the real reasons for the ranking, Sonila Muhametaj tells the court that the council unjustly appointed her two colleagues.
In a lawsuit that questions the access of this institution, the prosecutor asks the court to reopen the competition and rank 3 candidates according to law and meritocracy.
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