FLASH
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In the request of the Ministry of Justice, sent to the ILD and the KLP, it is argued that the Elsa Gjeli Prosecutor's Office has blatantly refused to launch an investigation into the case in question...
Justice Minister Ulsi Manja has wasted no time in implementing Prime Minister Edi Rama's order regarding Shkodra prosecutor Elsa Gjeli, who was accused by the head of government of turning a blind eye to the crime of illegal construction in Theth.
Today it is learned that Manja has sent the case of Shkodra prosecutor Elsa Gjeli to the High Inspectorate of Justice (ILD) and the High Prosecutorial Council (KLP), and has requested the initiation of disciplinary proceedings against her for failing to initiate investigations into the case of illegal construction in Theth.
In the request of the Ministry of Justice, sent to the ILD and the KLP, it is argued that the Elsa Gjeli Prosecutor's Office has blatantly refused to initiate an investigation into the case in question and has not conducted any type of verification, despite the initial investigative materials that were presented to it.
" The circumstances that dictate the non-initiation of criminal proceedings, such as those related to whether or not an action or omission is provided for in the law as a criminal offense, is one of those findings that is related to comparing the fact that occurred with the provisions of the Criminal Code in force and other laws that provide for criminal offenses to conclude whether it constitutes a criminal offense.
This happens in those cases when the verification is simple and in the state of an initial investigative material, the prosecutor is able to carry out this verification in an accurate and exhaustive manner. In the specific case, the prosecutor has not carried out any verification with the competent state bodies dealing with the administration of the territory where the event occurred, verifications that would shed better light on the specific circumstances of the event. Although, we are of the opinion that in the specific case, because the criminal offense committed is not only related to the provisions of the Criminal Code, but also to other laws where criminal provisions may refer, and because in-depth investigations are required (site inspection, expert assessments, taking statements from persons who have knowledge of the circumstances of the event, etc.), the prosecutor should have had the criminal proceedings registered and carried out full and comprehensive investigations , ”the request of the Ministry of Justice states.
It is further argued that there are serious shortcomings in the decision taken by the Gjeli prosecution, questioning her professional competence. According to the Ministry of Justice, the decision of Prosecutor Gjeli not to launch an investigation into the case in question was made on the basis of a law that is no longer in force and that was repealed in 2020.
"The prosecutor, in order to reach an accurate conclusion on the existence of the criminal offense "Illegal construction" provided for by Article 199/ai of the Criminal Code, must recognize and analyze in the context of the event the legislation of the relevant field. Seen from this perspective, another serious deficiency of the decision of prosecutor Elsa Gjeli is the incomplete and incorrect analysis of the legal framework in force for territorial development, property protection and the environment. First, we emphasize that in her analysis she referred to law no. 9482, dated 3.4.2006 "On the legalization, urbanization and integration of unauthorized constructions", but this law has been repealed by law no. 20/2020 "On the completion of the transitional processes of ownership in the Republic of Albania".
Prosecutor Elsa Gjeli, completely ignoring the provisions in force of the new law, as well as the specific obligations for construction in protected areas and those with priority for the development of tourism, has justified the decision not to commence based on a law that is not in force, therefore it is a legally dead law. The reference in the justification of the decision not to commence to an repealed law shows intellectual poverty in knowledge of the law, lack of continuous training in the field of law, truncated knowledge in the field of law and professional incompetence , "the request of the Ministry of Justice further states.
It is also argued that in this case, the practice and jurisprudence of the Supreme Court's decisions in this regard were not taken into consideration.
"As above, considering the fact mentioned in the investigative material of the Shkodra Prosecution Office as a whole, in relation to the applicable legal provisions and the practice of the High Court, the case of the construction carried out in the Theth area is not a case that can be verified only on the basis of the acts that the prosecutor had at his disposal. On the contrary, the case is presented in a complex form, requiring an in-depth investigation, which has not been carried out by the prosecutor, contrary to the fulfillment of his role and function", Minister Manja's request adds, among other things.
In conclusion, the Ministry of Justice states that it views the decision of Prosecutor Gjeli as contrary to the fulfillment of her role and function and in violation of the rules of conducting the investigation. Under these conditions, the Ministry requests an in-depth review by the High Inspector of Justice regarding the case.
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