FLASH
Shkruar nga Anila Hoxha
The fact remains that relations with the BKH, which has been led by Hajnaj for five years, have not been based on the approach of discussing conflicts to resolve them. And this fractured relationship between SPAK and BKH was also present to internationals.
Once again, I am against the reappointment of Ms. Aida Hajnaj as director for another term at the BKH. I started this way, to eliminate any point of view, even if not properly informed, as to why I am writing about this.
But I remain ready to be helped to understand it differently. What follows is an exclusive document. Contrary to what is declared in Albania that the reappointment phase is being exhausted and then the competition will be opened for others (although nowhere in the law does it say that after the unsuccessful closing of the reappointment, the competition is opened), internationals have been informed by the same institutions of a different version.
Which is the start of the process to find a new director.
This version that has been told to foreigners is the most honest, and without the RE-APPOINTMENT/CANDIDATE color to avoid further complications from legal loopholes. Which it must be admitted are there.
Let's start in order, where the roof leaks. At the High Prosecutorial Council. Since December, after dragging out the case, the KLP washed its hands like Pontius Pilate without daring to reject Aida Hajnaj's request to be reappointed. Or to ascertain the legal problem, the other option.
The head of the BKH has seized on a fragment of the law on the right to reappointment that does not explain how it is carried out, although the unanimous vote of the 11 members showed that they clearly do not feel as the law defines them as the GOVERNMENT OF THE PROSECUTOR'S OFFICE. The KLP could have read the BKH's annual work report, and without spinning it (since it seems that the institutions have already been privatized by desires and not the law) could have unanimously declared: REFUSAL, WE DO NOT WANT YOU. If this constitutes pro-state logic and not as all the anti-states are behaving!
Although the delegation position actually leaves the problem open for the next director, and moreover for a collegial body which in the decision of the Constitutional Court (November 21, 2024) in point 71 is assigned with the competence "The Director of the BKH, who is appointed and dismissed from office by the High Prosecutorial Council, is responsible for the functioning of that structure and is not in a true subordinate relationship with the head of the Special Prosecutor's Office". So much for the High Prosecutorial Council, which is legally recognized as an appointing and dismissing body.
2-BKH – National Bureau of Investigation.
The fact remains that relations with the BKH, which has been led by Hajnaj for five years, have not been based on the approach of discussing conflicts to resolve them. And this fractured relationship between SPAK and BKH was also present to internationals.
The crack opened for us by Article 33 of the law on the director of the BKH. No law that is alive as long as it is implemented leaves no room for fantasy, how it should be done or how it is better to do it. Currently, there is a public call in force that is entitled REAPPOINTMENT precisely because of this impasse that has not been resolved by the people of the law and that for the sake of appearance must be packaged "to look like it is being done properly".
Ms. Hajnaj, who is the director of the BKH until August 31, must explain publicly, and no longer through a series of letters, what is happening and why she has repeatedly complained to the KLP. All parties have this obligation and not to hide like ostriches.
Today SPAK has clarified through the media that this process is currently open only for the acting director, Mrs. Aida Hajnaj. So there is still no open competition for the leadership of BKH without the moment of reappointment required by law. However, on the other hand, to repeat, it is not explained in any line in the same law how this happens. Moreover, it is not said how the competition will be opened when the reappointment is unsuccessful.
SPAK clarifies what is happening with the public call "This process is carried out only for the acting Director. After evaluating the passing of the acting Director of all the stages above, the Commission assesses whether the candidate meets the legal criteria for reappointment. If he does not successfully pass these stages, then the Selection Commission considers the "reassignment" process closed and announces the competition for the selection of a new Director of the BKH", SPAK officially states.
But beyond this reaction from SPAK, this prosecution has taken a completely different stance towards internationals.
The Special Prosecution Office has reported to the European Commission on Interim Benchmarks and in no line does it reflect the process at this stage as it is allegedly happening. It talks about the election of the new director that has begun!
"Regarding the recommendations on the appointment procedures for management positions of SPAK (Special Prosecution Office and National Bureau of Investigation - BKH) in accordance with the clarification of law 95/2016, article 33, the head of the special prosecution office has initiated the procedure by issuing the relevant order and establishing the relevant commission for the ELECTION of a new director of the National Bureau of Investigation, as the mandate of the current director is approaching its end."
This report also continues with the much-discussed law of recent hours.
"Article 33 of the aforementioned law stipulates that the commission composed of the Head of the Special Prosecution Office and two special prosecutors with more years of prosecutorial experience, after an open and transparent RECRUITMENT process, must recommend a candidate for the position of Director of the BKH, who is then appointed by the KLP. The Director is appointed for a five-year term, with the right to reappointment only once. Under these conditions, regarding the appointment of the Director of the BKH, the recommendation process has already been set in motion, taking into account that the selection procedure for the NEW DIRECTOR HAS BEGUN, in accordance with the law and through an open and transparent process."
Letter 1, SPAK document sent to foreigners for the process
Letter 2, call for reappointment and competition
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