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The Special Board of Appeal accepted the request of the prosecutor Antoneta Sevdari for review of the decision that had dismissed her from office, after the verdict of the Strasbourg Court that found her in violation of the Convention of Human Rights. With a majority of votes, the KPA decided to reconsider the case against Sevdar.
After listening to the submissions of the parties in an extraordinary session, the Special Appeal Panel decided on Monday to overturn its decision-making on the dismissal of prosecutor Antoneta Sevdari. The decision of the KPA, as announced by the head of the troupe, Natasha Mulaj, was taken with a majority of votes.
The KPA's decision was based on Sevdar's request for review, after the European Court of Human Rights, ECtHR, found a violation of Article 8 of the Convention in the case of her dismissal by the Special Appellate Panel. The ECHR pointed out that the dismissal decision was "disproportionate". Likewise, the ECtHR recommended that the right way to restore justice in the case of Sevdar is to reopen the process in the internal streets.
The body that is examining the case is chaired by Natasha Mulaj, relator Sokol Çomon and members Albana Shtylla, Ina Rama and Rezarta Schuetz. Present as an international observer was Ferdinando Buatier de Mongeot, who also followed the first process and severely criticized the KPA's decision to dismiss Sevdar in 2019, calling the arguments brought for dismissal a "genetic mutation" of the law.
During the session, Sevdari presented the decision of the ECHR as evidence in her case and specifically requested the annulment of the decision, the retrial of the case on the merits or the reopening of the process. In the request, Sevdari asked for the KPK's decision to be upheld, which means her return to office.
In submissions, which were read by lawyer Romina Zano, Sevdari requested that the College consider only the sanction imposed on her, according to the determinations made by the ECtHR.
"In this case, the revision is special, because it is caused by the determinations of the ECtHR, according to which there cannot be a new investigation about the facts, but only a revision of the sanction applied to these facts, a sanction which turned out to be disproportionate. ” Zano said in submissions.
Referring to the decision of the ECtHR and the decisions of the Constitutional Court, Zano submitted that in the present case there could not be a reinvestigation and that the decision should be based on the request for review and the conclusions found as violations by the ECtHR.
"Since the reason for the review is not related to the need to clarify new facts, the College must accept the request for review and also decide on the solution to the case's merits, deciding to uphold the decision no. 42 dated 18.07.2018 of the Commission of Independent Qualification, because the reasons that led to the disciplinary measure of dismissal, all analyzed by the ECtHR, are disproportionate to the legitimate goals of the re-evaluation process, for taking the disciplinary measure against the complainant", it was said in Sevdar's submissions.
The Public Commissioner, Irena Nino, in her submissions, left the decision-making in the hands of the KPA, but when asked by the relator of the case, Sokol Çomo, specifically about the review, Nino said that Sevdar's request "must be accepted".
KPA decided to hear the parties on the merits of the case on April 17, 2024. / BIRN
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