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Prosecutor Sokol Stojani and the President of the Council, Mirela Bogdani, debated on Thursday regarding the procedure followed to fill the vacant position in the Saranda Prosecutor's Office.
The High Prosecutorial Council is not finding peace. In the meeting held on Thursday, the procedure for filling the vacant position of the head of the Saranda Prosecutor's Office became the subject of debate between Council member Sokol Stojani and chairwoman Mirela Bogdani.
The issue of filling the vacant position was returned to the agenda for discussion, even though the Career Commission, which includes Stojani in the role of rapporteur, Bogdani and Ledina Riza, had signed three different reports to present to the Council for review and voting.
Stojani accused Bogdani of exceeding her powers by placing this item on the agenda, as draft acts are sent to the Council by committees and rapporteurs.
" You must be held accountable before the Council for violating the law ," Stojani said, bringing to attention other cases where Bogani has held the same position. He added that the Council's chairperson only has a coordinating role and ensures the necessary quorum to hold the meeting.
The audio recording of the meeting was interrupted several times, while Stojan requested that the recording not be interrupted.
Contacted by BIRN, Stojani explained that the Prosecutor's Offices of Saranda and Kukës were without a leader and that it was urgent to appoint someone.
" The Commission has decided to bring it to the Council with three different versions. I can't say that my alternative will win, but we will advance it. We can't keep it up indefinitely ," he said.
Members Zeqir Hoda and Ledina Riza were also included in the discussions during the meeting. Stojan reminded Riza that she had signed the report herself to bring it for review and voting.
Hoda asked Stojan to present a concrete proposal to the council. " This is not the time for reflection. Anyone who has a position should make a proposal ," he said.
Stojan requested that this item be removed from the agenda, while prosecutor Hoda proposed that it be continued.
The chairwoman of the KLP, Mirela Bogdani, told BIRN in a telephone conversation that she had appreciated leaving room for discussions among the prosecutorial members, given that they are directly involved in the career advancement of magistrates. “ After them, we who are non-prosecutor members discuss and the chair speaks at the end of everyone ,” she said.
Bogdani also explained that, given the differing positions within the Commission, she had assessed that the matter should be referred to the Council in order to "exhaust discussions and act in accordance with the law."
The Council Chairperson said that based on the law and previous practice, the leader cannot be appointed without first being in that office, as she described the alternative proposed by Stojani.
" In this context, I assess that the procedure proposed by Mr. Stojani is contrary to the law and practice of the KLP ," said Bogdani.
But according to Stojan, the prosecutors of the Saranda and Kukës Prosecution Offices have few years of experience and therefore cannot be appointed as heads, as they do not meet the legal requirements. He further explained that it is difficult for prosecutors serving in large prosecution offices to agree to be initially transferred as simple prosecutors to small and remote prosecution offices. Stojan also brought to attention that there have been similar cases when the Council has decided to temporarily appoint prosecutors outside the respective prosecution offices as heads, as there has been an emergency need.
He underlined that the problem he raised on Thursday had to do with the procedure followed, of moving for discussion an issue that should have been put to a vote, leading to delays.
After discussions and debates among the prosecutorial members, no concrete decision was reached on this agenda item at Thursday's meeting.
Meanwhile, the Council approved, among other things, the temporary appointments of the heads of the Durrës and Vlora prosecution offices, as well as the regulation “On the appointment of prosecutors as leading magistrates in the professional practice program and on the qualitative ethical and professional assessment of candidates for magistrates.” / Taken from BIRN
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