FLASH
Shkruar nga Pamfleti
The General Prosecutor's Office, after a verification process that lasted two years, has concluded that the GJKKO judge, Irena Gjoka, has been convicted in Greece for the criminal offense of visa forgery.
The official conclusions emphasize that "the sentence is true and authentic."
According to the data, in the self-declaration form completed in 2016, within the framework of the decriminalization law, Irena Gjoka did not declare this conviction.
When asked if she had ever been convicted by a final decision, she answered "no", while the same answer also appears for the question regarding the existence of a non-final court sentence.
In this context, the judge's defense arguments regarding the case in question have also been made public. She has submitted detailed written testimony to the High Judicial Council, explaining the circumstances of her clash with the Greek authorities.
In her statements, Gjoka says that the incident dates back to late 2002, when she was traveling to Greece with a visa obtained from the Greek consulate in Albania, but was denied entry at the border by the Greek police. According to her, such a decision was repeated on February 13, 2003.
The judge considers the ban on entry into Greek territory to be unfair and emphasizes that the situation was misinterpreted by the relevant authorities.
Regarding the sentence imposed by the Greek judiciary, with three months' imprisonment, a fine of 1,500 euros, and court costs of 73 euros, while the prison sentence was converted into a financial payment of 4.4 euros for each day in prison, a decision that was never implemented, Irena Gjoka stated before the Supreme Court of Justice that she was not notified of the development of the legal proceedings against her and had no information.
"I personally have not been informed, neither officially nor in fact, about the administrative judicial process or any other process conducted against me in the Greek courts ," the judge stated, continuing: "After administrative or other decisions in my name were published in the media, not being aware of any decision, I authorized a representative with a special power of attorney to obtain information about what was being published."
She also claimed that the conviction was never recorded in the criminal record and, therefore, the conviction is considered as if it never existed.
Excerpt from Irena Gjoka's letter to the Supreme Court:
"On December 24, 2002, I, Irena Gjoka, presented myself at the Greek border crossing point, Kakavija, where the border police denied me entry into the Greek state (after a debate with the border police officer). I assessed that the Greek authorities had no reason to deny me entry into Greece and for this reason I was provided with another visa, at the Greek consulate in Albania. Subsequently, on February 13, 2003, I presented myself again at the border, where I was again denied entry, unjustly.
Since I was convinced of the illegality of the administrative measure taken against me, the refusal of entry into the Greek state, under the conditions when I had no right of entry into this state, on 31.03.2003, I authorized the citizen Andon Konomi/Ikonomou (this citizen did not have the capacity of a lawyer) to oppose on my behalf the administrative measure taken illegally and arbitrarily by the Greek authorities, at the Ministry of Public Order in Athens or any other institution, to carry out any type of action that is not prohibited by law, specifically related to the measure of entry ban issued against me.
Despite this fact, I have not personally been informed, either officially or in fact, of the administrative judicial process or any other process conducted against me in the Greek courts. After administrative or other decisions in my name have been published in the media, and not being aware of any decision, I have authorized a representative with a special power of attorney to obtain information about what was being published.
From the documents submitted to me by my representative and the documents forwarded by the Greek authorities by registered letter, through the General Prosecutor's Office, I have been informed for the first time about the decision taken by the Court of First Instance of Ioannina with no. 1447/2005, dated 07.06.2005, according to which I was convicted in absentia by this court on 07.06.2005, without the presence of a defense attorney, without being informed of the process against me, as during the investigation and trial of the case, for the offense provided for in paragraph 7 of article 54 of law 2910/2001 entitled "Entry and stay of foreigners in Greek Territory", with three months of imprisonment and a fine of 1500 Euros. The prison sentence has been converted into a fine of 4.4 Euros per day.
The decision of 07.06.2005, of the Court of First Instance with three members for minor offences of Ioannina, has never been notified to me and this decision has not become final. According to Article 473 of the Greek Code of Criminal Procedure, the deadline for filing an appeal for defendants with unknown residence is 30 days from the date of notification of the decision (the decision which has never been notified). Before the deadline for appeal expired, on 17.06.2005, Law No. 3346/2005 “Acceleration of proceedings before civil and criminal courts and other provisions” was adopted. According to the interpretation carried out by the ECtHR, in the case of Panou v. Greece (no. 44058/05, 8 January 2009), the conviction decision archived under this law is considered null and void, provided that, for a period of 18 months from the publication of the law (17 June 2005), no other intentional criminal act is committed, for which a final sentence of imprisonment of more than six months would be imposed. According to the interpretation of the ECtHR, even though the right to appeal was lost, the effects of the law were equivalent to acquittal. This was also the purpose of the law, which aimed to accelerate criminal justice, among other things, by reducing the number of appeals for minor cases. Thus, in application of this law, the prosecutor decided to archive the decision taken against me on 07.06.2005.
Deklarimi në kuadër të Vetingut është bër në vitin 2016. Gjithë llapaqenët që u munduan ta shantazhojnë dhe kompleksojnë Gjyqtaren, duhet të kërkojnë ndjesë. Dhe të justifikohen te porositësit: bac nuk u krye porosia, Ne u munduam dhe harxhuam kohë dhe pare, ndaj na mbulo gjysmën e shpenzimeve.
Mjaft u moret me konjukturat Greke dhe ata qe ju Sherbejne Grekeve. A e dini ju sa persona ka te denuar ne greqi pa kryer fare asnje veper penale , madje pa shkelur fare ne ate vend shkerrdhate qe eshte turp ta quash vend te BE. A e dini sa Shqiptare vuajne ne burgjet e tyre padrejtesisht , pa Prova , pa fakte , pa procedure , pa asnje gje fare. Vetem se i do trapi minimalisht nje polici te korruptuar. Nese ne Shqiperi mund te denohet nje Grek me prova dhe ne baze te ligjit, kur ky person te shkoje ne greqi ai vendim gjykate perfundon ne hale. Te njejten gje duhet te beje KLGJ me vendimin Grek qe ka denuar kete Gjyqtaren. Do jete turp i madh per KLGJ nese e shkarkon nga detyra kete Gjyqtare per nje vendim te marre nga Plehrat te ashtuquajtur Greke.