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The Strasbourg decision, why former prosecutor Besnik Cani should be reinstated

2023-03-31 17:31:36Aktualitet SHKRUAR NGA REDAKSIA VOX

 

The Strasbourg decision, why former prosecutor Besnik Cani should be reinstated
Loyal Cani

 

A number of former judges and former prosecutors dismissed from the vetting process filed lawsuits in the Strasbourg court, but no one has a clearer decision than the one given in the case of Besnik Cani's lawsuit.

In the decision taken in October of last year, Strasbourg gives the right to the former prosecutor Cani in the request that there was not a fair process of assessment and judgment against him by the Special Appeal Board, which previously overturned the decision of the Commission of Regardless of Qualification.

Cani passed the vetting in the KPK, but was defeated in the KPA, by a group of five members, two of which were Luan Daci and Ardian Hajdari, both of whom were later accused of being elected to the college through falsification and manipulation of documents .

In the case of Luan Daci, this is also confirmed by a court decision. Referring to this fact, Strasburg observes that the process of re-evaluation of Besnik Cani in the College is illegal. The European Court of Human Rights does not say exactly whether he should be reinstated or not. However, she has spoken to the decision-making, considering the process in KPA illegal.

According to Strasbourg, the election of Luan Daci by the Assembly as a member of the KPA violates the credibility of the decision-making of the second level of vetting, which also gives final decisions.

The case of Besnik Can highlights the conflict between several legal provisions. The first is that of the vetting laws and the Constitution of Albania, which do not expressly provide for retroactive decisions when they are from the Special Appeal Board.

These provisions collide in this case with the European Convention of Human Rights, ratified by Albania and which, according to jurisprudence, are on the same level as the Constitution and prevail over Albanian laws.

Bearing in mind these principles, the decision of the KPA that dismisses him from office should be considered null, as some of the members of the High Council of Prosecution argue. This means that automatically, Shkëlqim Cani is reinstated as a prosecutor, based on the decision of the reconfirmation of the Independent Qualification Commission.

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