FLASH
Shkruar nga Pamfleti
The High Inspectorate of Justice has requested the immediate dismissal of magistrate Ken Dhima, after he committed serious professional violations during the time that the latter was at the Administrative Court of First Instance in Vlora.
In the decision made public by the ILD, it is explained that from the conducted investigations, it results that Ken Dhima has delayed and intentionally disclosed 32 court decisions during the period of March 2018 with delays of 1 to 6 months.
According to the ILD, the delays in the cases for which the judge is accused do not have a complex level and do not justify the delay due to his experience.
From the disciplinary investigation of the ILD, spanning over years of work, for 292 decisions of the magistrate, it resulted that:
The magistrate has delayed 32 decisions during the period of March 2018 with delays from 1 to 6 months; 189 decisions with delays ranging from 1 month to 26 months were made late during the period 24.06.2021-29.07.2021 and 29.07.2021-30.03.2022.
From the evidence obtained during the disciplinary investigation, it results that the judge acting late in clarifying the recorded decisions, beyond any reasonable and objective deadline, has resulted in the unjustified delay of court proceedings, as well as the late performance of other actions procedural within these processes.
From the data administered during the investigation, it results that the adjudicated cases, for which a decision was taken by the magistrate, and which were justified late, due to the nature of the object of the lawsuit or request, do not turn out to be of a complex or difficult level, to the extent that it justifies the delay, based on the judge's 19-year experience.
Such delays harm the subjects' right to a regular judicial process, infringing on the right to have a reasoned decision and to appeal, significantly damaging the image of justice and public confidence in it, as long as the excess of logical and normal deadlines, is almost equal to the lack of justice.
It is proven that the magistrate K.DH., in his actions and inactions, has committed serious professional violations, which constitute "very serious disciplinary violations", which discredit the position and image of the judge during the exercise of his duties
For the above, the High Inspector of Justice requests from the High Judicial Council the administration of the evidence presented in this disciplinary proceeding and the acceptance of the proposal for the disciplinary measure "Dismissal from duty", for K.DH. judge at the Administrative Court of the Level First Lushnje, for disciplinary violations provided for by article 140, point 2, letter "a" of the Constitution of the Republic of Albania and by article 102, point 1, letter "d", of Law no. 96/2016 "On the status of judges and prosecutors in the Republic of Albania", as amended.
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