FLASH
Shkruar nga Pamfleti
The Special Board of Appeal declared on Friday the dismissal of prosecutor Kujtim Luli and denounced a decision of the High Prosecution Council in his favor as "absolutely unacceptable" and contrary to the law.
Through a press release, the judicial body of the KPA announced that after having made the decision on Lul on October 3 and announcing that it would announce it on October 6, the subject of the re-evaluation had set in motion the High Council of Prosecution through a request for the termination of the magistrate's status due to retirement age.
BIRN learned that Luli made the request on October 4, and a day later, the KLP met urgently and approved it. After the decision to terminate the status of the magistrate, this decision was notified to the College on October 5 by both KLP and Luli, who requested the termination of the re-evaluation process because he no longer enjoyed the status of a magistrate.
But KPA considers this unacceptable.
"Under these conditions, when the decision of the High Council of Prosecution and the request of the subject of reassessment came after the panel of the College had made the decision, they are absolutely unacceptable, because they were presented outside of any procedural deadline and after the final decision on the process of revaluation was received," KPA declared.
Also, the College found that the decision of the High Prosecution Council to declare the end of the status of the magistrate for Lulin provides for the entry into force immediately, which according to the KPA contradicts the law 115/2016 which provides for a 15-day deadline as a period when the administrative act can be appealed.
"In other words, the decision of the High Prosecution Council has not yet entered into force", it is quoted in the announcement of the KPA, which clarifies that although this argument is not related to the disregard of the documents submitted by Luli, it is considered important to brought to public attention.
After the announcement of the College, the High Prosecution Council defended the decision to terminate the status of prosecutor Kujtim Luli as in accordance with the law. According to the KLP, the deadlines for reviewing the request were also in accordance with point 5 of the law "on the status of the magistrate".
"The council has no possibility to reject the request, if the subject has reached the age of 67 as provided by the retirement law. Given that this administrative procedure was initiated at the request of the subject itself and was accepted in full, as well as due to the fact that there are no other parties involved in this procedure, then no one is legitimate to appeal this decision," KLP claimed in response.
Prosecutor Kujtim Luli of the General Prosecutor's Office was confirmed in office by the first instance of vetting, but the case was sent before the College by commissioner Florian Ballhysa, who claimed that the subject had not declared the expenses for the children's education in the United States of America and that there were no legitimate sources to justify them.
During the judicial review, Ballhysa requested the dismissal of the subject with the argument that he made an insufficient declaration of savings and expenses, while Luli requested confirmation claiming that Ballhysa's interpretation of the law was wrong.
On Friday, the College announced the decision to dismiss Luli, which was taken with a majority of votes by the body headed by Natasha Mulaj, with rapporteur Sokol Çomon and members Albana Shtylla, Ina Rama and Rezarta Schuetz.
During the announcement of the decision, the chairwoman Natasha Mulaj emphasized that the subject had repeatedly made contradictory statements during the process of the administrative investigation.
"The subject has been contradictory and has shown a lack of transparency", said Mulaj and added that Luli is in the conditions of insufficient declaration for cash deposits made in the banking system and covering the expenses of children's education in the United States of America. /BIRN
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