In today’s hearing, the High Judicial Council (HJC) rejected the request of the High Inspector of Justice (HIJ) for the disciplinary measure “Dismissal from Office” for magistrate A.D., judge at Gjirokastër Judicial District Court, for severe professional violations.
The High Inspector of Justice completed the disciplinary investigation, based on the complaint filed by a citizen with the High Judicial Council in 2019 and forwarded to the HIJ for competence, on the violation of conditional release of a repeat offender, by judge A.D.
From the disciplinary investigation carried out by the inspectors of the HIJ, which also includes the analysis of 11 decisions delivered by the judge in the period 2017-2020, it is proven that the magistrate has undertaken actions/omissions which are related to the non-compliance with article 64 of the Criminal Code, article 477 of the Criminal Procedure Code, and Article 75 of Law no. 81/2020 “On the rights and treatment of convicts and detainees” as amended, as well as, granting unlawful sentence reduction, by wrongly applying the material and procedural law, bringing unfair advantage, which is also the direct consequence of the disciplinary violation.
The irregular exercise of duty by the magistrate has brought consequences for the delivery of justice, harming the prestige of the judge and the loss of trust in him, as well as harming the public’s trust in justice. At the end of the disciplinary investigation, the High Inspector of Justice concluded that the actions/omissions taken by magistrate A.D. constitute “Very serious disciplinary violations”, discretizing the position and figure of the judge during the exercise of his duty, and proposed to the HJC the disciplinary measure “Dismissal from duty”, a request that was rejected by this Council.