FLASH NEWS
KPA appeals the confirmation of judge Vjollca Spahiu
2024-07-30 22:02:45 / AKTUALITET
The Public Commissioner, Irena Nino complained on Tuesday, July 30, about the decision of the Independent Qualification Commission, KPK, for the confirmation in office of the judge of Tirana, Vjollca Spahiu, on June 26.
Commissioner Nino shares a different position from the Commission regarding the evaluation of a store with an area of 53 m2 purchased for 63 thousand 600 euros, with a declared source of a loan in the amount of 40 thousand euros and the rest with family loans and consumer loans over the years .
Commissioner Nino notes that, just as the Commission has found, it turns out that during the investigation, two business contracts signed by the subject's husband for this property, with the same parties and different dates, different extremities, different values, payment modalities, were administered. different - signed at the same notary office.
Also, according to the Commissioner, the signing of a contract in 2005 in the capacity of lessors, with her family members, was proven and accepted by the subject of the revaluation.
According to Nino, these acts were drawn up only in order to obtain a loan from the second level bank, in which the subject is in the capacity of guarantor and beneficiary of the loan.
Based on the jurisprudence of the College, the Commissioner reasons that the change of the basic conditions of the contract, only to be presented to the bank in function of the benefit of the loan and not the intention of the parties themselves, contains elements of fictitiousness.
Nino estimates that such actions damage the public's trust in justice.
"The subject of the revaluation, with the actions carried out in order to benefit from the commercial credit in 2005, for the purpose of financial gain, has carried out a series of fictitious/simulated legal actions, which are in contradiction with the behavior expected of a judge and, as a result, based on the jurisprudence of the College, it turns out that it violated the public's trust", says Nino.
Regarding the source of the creation of this property, the KPK initially found a discrepancy between the date of the loan disbursement in July 2005 and the mandate for the payment of the first installment for the purchase of the unit a month ago. However, in conclusion, it was worth referring to the documentation presented together with the response of the construction company. According to the KPK, these documents confirm that the price for the real estate was a total of 63 thousand 600 euros, which was liquidated according to the collection mandate in July 2005 in the amount of 40 thousand euros and the other installment in June 2010 - is.
The KPK body has found that the values and moments of payments declared and confirmed, both by the subject and by the construction company, as well as the modalities of making payments for the property in question, coincide.
Nino brings to attention that in the sales contract of 2020, concluded after the submission of the "veting" statement, among other things, it is mentioned that the price of 63 thousand and 600 euros was liquidated according to the business contract of March 2005, where it is determined that the first installment in the amount of 20,000 euros was paid off with the signing of the contract.
According to the Commissioner, the subject of the revaluation does not cover with legal income the payment of the first installment of the unit, in the amount of 20 thousand euros. According to Nino, judge Spahiu has not managed to prove the opposite even in relation to a financial insufficiency found in 2007, in the amount of 1.1 million ALL.
Regarding the non-declaration in 2004 of an apartment purchased in 2003 in Tirana, as well as the source of the creation of this asset, the Commission has assessed that this inaccuracy was self-corrected later. Considering the subject's lack of experience on how assets should be declared, the KPK estimated that inaccuracies could not bring penalties, since the financial insufficiency was not significant. Based on the principle of objectivity and proportionality, KPK has assessed that Spahiu reaches a reliable level in the wealth criterion.
Nino finds that the entity and the persons related to it have made an incorrect declaration about the apartment, as well as regarding the declaration of the source of the creation of this asset in the periodic annual declarations. According to the Commissioner, Spahiu did not prove the opposite of the burden of proof for the lack of legal resources found by the Commission in the amount of 517 thousand ALL, as well as an insufficiency in the amount of 252 thousand ALL in 2006.
In conclusion, the Public Commissioner, Irena Nino, estimates that the subject of the revaluation did not reach a reliable level in the assessment of the property, as it made an incorrect and insufficient declaration. In the overall assessment related to Spahi's actions with the purpose of obtaining commercial credit, Nino estimates that it is under the conditions of violating public trust in the justice system.
In conclusion, Commissioner Nino requests the dismissal of judge Vjollca Spahiu.
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