The High Prosecutorial Council did not accept today the request of the High Inspector of Justice for disciplinary proceedings against magistrates F.G., Prosecutor of the Prosecution Office at Lezha Judicial District Court and M.L., when working as a Chief Prosecutor of the Prosecution Office at Lezha Judicial District Court.
Chairman Gent Ibrahimi said that the High Prosecutorial Council decided to reject the HIJ proposal for imposing the disciplinary measure “public reprimand”, against the magistrates F.G. and M.L.
The disciplinary investigation of the High Inspector of Justice started on the basis of the information presented in media, regarding the tragic event of 28.09.2021, occurred in Lezha, where as a result of actions committed by the citizen AR, the police officer S.H. lost his life.
HIJ, in his report submitted to the High Prosecutorial Council, concluded that the actions and omissions of F.G. during the course of the investigation of the citizen A.R., are non–fulfillment of legal requirements of a prosecutor who has been given the constitutional attribute to exercise the duty to prosecute and control the preliminary investigations, in order to send the case to court, in compliance with the legal procedural deadlines. According to the investigative report, prosecutor ML, without acceptable reasons has allowed in this criminal case, the non-implementation of the mandatory Instruction of the Prosecutor General, leading to confusion about the submission deadline of acts by the prosecutor of the case and the subsequent chain of the administrative functioning in the Prosecutor’s Office for the transfer of acts to the court.
According to the conclusion of the investigative report of the High Inspector of Justice, the actions / inactions taken by the magistrates F.G. and M.L., constitute a minor disciplinary violation, pursuant to article 102, paragraph 1, letter “l” of law no. 96/2016 and based on this provision HIJ requested the HPC to impose the disciplinary measure “Public reprimand” for both magistrates, a request that was rejected by the High Prosecutorial Council.