At today’s meeting the High Prosecutorial Council rejected the High Inspector of Justice’s proposal to impose the disciplinary measure of a public reprimand on prosecutor A.K., of the Prosecution Office at the First Instance Court of General Jurisdiction in Korça, for violating the provisions regulating the organization and functioning of courts/prosecution offices, violating the rules of confidentiality and non-disclosure of information resulting from an ongoing or completed investigation or trial.
The investigative report of HIJ showed that magistrate A.K. has signed documents without having legal authority, has issued and sent to third parties copies of some documents, which were part of the file of a case under investigation, , disregarding the authority of the head of the prosecution office, damaging the integrity of the prosecution office, while the publication of procedural acts carries the risk of consequences to the detriment of the investigation and consequently the loss of public confidence in the functioning of the Prosecution Office according to the law and not the will of the magistrate.
In the investigative report of HIJ, it is evidenced that law no. 97/2016 “On organization and functioning of the prosecution office in the Republic of Albania” provides, among other, that:
1- Prosecutors and all prosecution personnel, during the exercise of their duties, as well as after their termination, are obliged to maintain confidentiality and protect state secrets regarding facts of which they become aware, except in cases where the law provides otherwise.
2- The prosecution office is not allowed to make public or provide third parties with data that harms the case in the investigation or court process, which violate the dignity and private life of persons, the rights of minors, as well as data of a confidential or reserved nature.
3 – Prosecutors are prohibited from making statements or giving opinions on the activities of other institutions.
Taking into consideration the nature of the disciplinary violation, the existence of mitigating circumstances, being a violation for the first time, the 2-year experience as a prosecutor, the damage to the integrity of the prosecution office and the public’s trust in the justice system, HIJ concluded that the actions/inactions of the magistrate constitute a “Minor disciplinary violation”, according to article 102 point 1 letters “g” and “j” of law no. 96/2016 “On status”, as amended, and proposed to the HPC the imposition of the disciplinary measure “Public reprimand” against Ms. A.K., a request that was rejected by the High Prosecutorial Council.
