FLASH NEWS
KPA upholds the dismissal of prosecutor Rita Gjati
2024-06-05 17:42:06 / AKTUALITET
The Special Board of Appeal, KPA announced on Wednesday, June 5, the decision to uphold the dismissal of Kukes prosecutor, Rita Gjati. Although some of the Commission's conclusions have not been found to be unfounded, the College concluded that Gjati appears to have made an insufficient declaration of wealth and image. Meanwhile, the problems in the professional aspect were not found to be penalizing. Gjati was not present at the hearing announcing the decision at the KPA.
The Independent Qualification Commission, KPK decided on March 19, 2021 to dismiss the prosecutor Rita Gjati, considering that the subject was not convincing in her explanations about the wealth, related to inappropriate contacts with a person involved in organized crime, such as and for the problems found in the professional criterion, arguing that her previous statements did not match the evidence provided during the administrative investigation.
After the complaint submitted by the subject to the College, the latter found serious procedural violations in the process carried out in the KPK and referred the case to a public hearing. However, the final result of Gjat's dismissal remained unchanged.
According to the head of the panel of judges of the College, judge Ina Rama, the subject failed to overturn the constitutional obligation to accurately and completely declare the assets as well as convincingly explain their source. She said that it turned out that Gjati made an incorrect declaration and lacked legal resources for the assets, which is why he is under the conditions of insufficient declaration.
For an apartment and garage in Saranda, although the College has accepted the claims for the correction of the husband's income as a teacher for the period 1986-1997, two loans received from the Besa Fund and the income from the sale of a plot of land in the amount of 1 million lek, again the subject and family members were found to be financially unable. Regarding the non-declaration of the co-ownership of the garage, it was concluded that the subject has not fulfilled the obligation for accurate and complete declaration.
The KPA also concludes a similar situation for an apartment in Tirana worth 6 million lek registered in the name of the subject's son in 2021. According to the president Rama, after the inspection at the College, despite the correction of some errors in the analysis of the KPK, the subject again and its related persons are in financial impossibility to pay the first installment and the furnishing in 2015.
For a 550 m2 plot of land in the name of the son, acquired by decision of the Saranda Municipality Council in 2000, as a construction site, KPA estimates that the non-declaration of this plot of land does not constitute concealment of wealth. However, the College assesses that the use of the decision of the Council of the Municipality of Saranda, approved in the absence of clear criteria, resulting in an unfair benefit of the monetary value, affects the failure to achieve a reliable assessment in the criterion of wealth.
The College considers the subject's contradictory statements about a loan as not fulfilling the conditions to be considered a false statement.
Like the KPK, the College also assesses that Gjati made an incorrect statement in the figure criterion, as she did not indicate the fact that she and her husband had established a legal relationship with a person involved in organized crime, after having obtained the right to use the an apartment owned by him, before the settlement of the sale price. As a result, they became debtors to him with a monetary amount of 4 million ALL. This situation is assessed by the College as placing the subject in the conditions of insufficient declaration and for the figure.
Meanwhile, the irregularities of the subject in the professional criterion are considered insufficient to conclude that she is unsuitable in this criterion. Consequently, it is concluded that it reaches the qualifying level for professionalism.
In conclusion, the College has found the Commission's decision-making on the dismissal of prosecutor Gjati to be based on fact and law, leaving it in force./ BIRN
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