HIJ REQUEST FOR DISCIPLINARY MEASURES AGAINST MAGISTRATE H.S. PARTIALLY APPROVED BY HJC

HJC partially approved the request of the High Inspector of Justice for a disciplinary measure against the judge of Vlora H.S.

Chairperson Naureda Llagami said that the HJC decided to partially approve the request of HIJ and impose the disciplinary measure “public reprimand” on the magistrate.

During the presentation of the conclusions, High Inspector of Justice Artur Metani underlined that he stood by the proposal, based on the disciplinary investigation, to impose the measure “salary reduction by 40% for one year” on the magistrate H.S.

The disciplinary investigation against the magistrate H.S., a judge at Vlora Judicial District Court, was conducted based on the practice initiated against the magistrate in 2017 by the Inspectorate of the HCJ and forwarded to the High Inspector of Justice Office by the High Judicial Council.

During the presentation of the investigative findings to the HJC, High Inspector of Justice Artur Metani said that the magistrate had repeatedly failed to implement the procedural and material legislation or had implemented it incorrectly through erroneous decisions which were ascertained by a higher court as well.

Violations were committed at least in six decisions which were subject to disciplinary investigation. Even though a higher court decision found this violation, the magistrate committed the same violation once again during 2020-2021 thus making it a continuing violation as well.

Procedural violations are proven to have been committed with direct intent, because it appears that the magistrate has always maintained a consistent position in such cases, not issuing the order execution for acts of granting bank loans, or acts for granting loans by non-bank financial institutions, unless they are notarial deeds.

The actions performed by the magistrate have affected the administration of justice; have damaged the prestige of the judge as well as the public trust in justice. For these reasons, the High Inspector of Justice proposed to the HJC the imposition of the disciplinary measure “Temporary reduction of salary by 40% for a one-year period”.