FLASH
Shkruar nga Pamfleti
The High Prosecution Council, KLP met urgently today to consider a complaint made by Saranda's prosecutor, Besiana Sadikaj, against the decision-making of her superior, leader Kledian Llaho, who replaced her by investigating a case without the consent of her.
The decision-making of the head of the Saranda Prosecutor's Office, Kledian Llaho, dated August 8 to replace Sadikaj, was based on a request from a judicial police officer, who was asked in the capacity of a person who has knowledge of the facts, in the case that was being investigated. by the complainant.
Llaho has assessed that Sadikaj was in conditions of bias in the investigation of this case and has decided to replace him, while prosecutor Sadikaj has assessed the superior's decision as illegal, unargued and arbitrary, requesting its annulment in the KLP.
The complaining prosecutor, Besiana Sadikaj, has submitted that she has been investigating a proceeding for the criminal offenses of "Abuse of duty" and "Commitment of arbitrary actions", registered without a perpetrator, based on the criminal report of a lawyer to the authorities of the Saranda Police Station, who claimed that he was detained in violation of the law.
Sadikaj explained that she was appointed as the prosecutor of this case only through the leader's recommendation. According to her, although she verbally asked Llahos to proceed with a decision on the appointment of the prosecutor in the investigation of the incriminating material, he did not accept, considering the method of appointment to be regular without submitting to the electronic lottery and without a decision.
In the framework of the investigative actions for this proceeding, the officer Noreta Kalcuni was also questioned, as a person in the know about the event, as she was willing and received the statement of being accompanied to the police station.
According to the complainant, on July 29, the head of the prosecutor's office asked her for information about what criminal offense the proceedings were registered for, in what procedural capacity the officer Kalcuni was questioned and by whom, as well as whether an order was drawn up for the performance of investigative actions by which this investigative action has been carried out.
Along with the request for information, a letter was made available in which officer Kalcuni requested the exclusion of prosecutor Besiana Sadikaj from the investigation.
Based on the request of the judicial police officer, the leader Kledian Llaho has decided to replace prosecutor Sadikaj from the investigation. He has argued that between the officer Kalcuni and the prosecutor Besiana Sadikaj there is a conflicting personal relationship, which he estimates is the reason for placing the prosecutor in the case under conditions of one-sidedness.
During a telephone conversation, the head of the Saranda Prosecutor's Office, Kledian Llaho, told BIRN that he had replaced prosecutor Sadikaj after there had been conflicts between her and the judicial police officer. Llaho said that the leader has the duty to ensure objective and impartial investigations by the prosecutors.
Prosecutor Besiana Sadikaj was unavailable for comment.
In her complaint, Sadikaj claimed that the manager's reasoning is unsubstantiated in concrete facts, as well as infringes on the independence of the prosecutor, by trying to determine the subjects where action should be taken or not to act, as well as by deciding arbitrarily and immediately the replacement of the prosecutor.
In reviewing the complaint, the KLP notes that the judicial police officer until the moment of making the request for the replacement of the prosecutor Sadikaj, was in the capacity of a witness and therefore cannot be considered as a party in the case being investigated.
Therefore, it is considered that only the officer's complaint about the dismissal of the prosecutor cannot constitute a priori reason for her replacement in the investigation of the case in question. According to the KLP, claims of personal impartiality of the prosecutor in the investigation of a case must be proven, or based on verifiable facts. Also, KLP brings to attention the jurisdiction of the Constitutional Court, where it is stated that the personal impartiality of the judge must be presumed until proven otherwise.
KLP assessed that the decision to replace prosecutor Besiana Sadikaj was not made in accordance with the law and that her complaint is based on the law. In the end, the council decided with the votes of the eight members who participated in the online meeting, to accept Sadikaj's complaint and annul the decision of leader Kledian Llaho, taken by him on August 8./BIRN
Lini një Përgjigje