Subject: Overruling the High Inspector of Justice decision no. 201/4 Prot., dated 26.05.2021; compelling the High Inspector of Justice to initiate the investigation for the magistrate I.T., member of the High Judicial Council, Tirana; suspending from office the magistrate I.T., member of the High Judicial Council, according to the provisions of the Constitution.
Registration date: 02.11.2021
Lodged by: Appellant Edmond Kasmi
Respondents or interested parties: High Inspector of Justice
Object:
Overruling the High Inspector of Justice decision no. 201/4 Prot., dated 26.05.2021;
Compelling the High Inspector of Justice to initiate the investigation for the magistrate I.T., member of the High Judicial Council, Tirana;
Suspending from office the magistrate I.T., member of the High Judicial Council, according to the provisions of the Constitution
Preliminary Review Panel:
Judge: Sokol Çomo
Judge: Ardian Hajdari
Case Rapporteur: Natasha Mulaj
Status: Concluded (Decision)
Subject: – Taking of disciplinary, criminal, civil, administrative measures by the Appeal Chamber, pursuant to article 128 paragraph 1; paragraph 2 letter a); paragraph 3 letter c; of the Constitution of the Republic of Albania against the serious violation by the members of the Constitutional Court of the Republic of Albania, who have issued decisions: No. 86, dated 22 June 2021; No. 86/1, dated 28 September 2021 and decision No. 111, dated 28 September 2021 of the Constitutional Court etc…
Registration date: 01.11.2021
Initiated by: Applicant: Hasan Roqi
Defendants or interested parties: Members of the Constitutional Court: Marsida Xhaferllari, Fiona Papajorgji, Altin Binaj, Përparim Kalo, Sonila Bejtja, Elsa Toska.
Object:
– Taking of disciplinary, criminal, civil, administrative measures by the Appeal Chamber, pursuant to article 128 paragraph 1; paragraph 2 letter a); paragraph 3 letter c; of the Constitution of the Republic of Albania against the serious violation by the members of the Constitutional Court of the Republic of Albania, who have issued decisions: No. 86, dated 22 June 2021; No. 86/1, dated 28 September 2021 and decision No. 111, dated 28 September 2021 of the Constitutional Court.
– Declaring unconstitutional decision no. 86, dated 22 June 2021; decision no. 111, dated 28 September 2021 of the Constitutional Court of the Republic of Albania.
– Fair trial by the Appeal Chamber, in accordance with the requirements of the Constitution of the Republic of Albania, the European Convention on Human Rights and the law on the organization and functioning of the Constitutional Court, of the six requests submitted by the applicant on March 25, 2021, before the Constitutional Court of the Republic of Albania, according to the interested entities and object where the compensation of the damage is included and the legal basis accompanied by its respective probative documentation.
– A decision that supports illegal actions, corrupt justice in a seized state and, in the most arbitrary way by openly violating the Constitution of the Republic of Albania, articles 6.1; 8; 13; 14; 41 of the European Convention on Human Rights, as well as the law on the organization and functioning of the Constitutional Court, where the Albanian High Contracting Authority as part of the European Convention on Human Rights, has established disappointment, despair and has caused serious state of shock to the victims of the Roqi family, whose apartment was robbed by state criminal violence, in violation of decision 76/2000 of the Constitutional Court and a special law. Faced with public discrimination, political re-persecution, violation of equality before the law, social exclusion, actions which are supported by decision no. 86, dated 22 June 2021 and no. 111, dated 28 September 2021 of the Constitutional Court we request:
Compensation for psycho-moral damage to the amount of 5 monthly salaries by each of the members of the Constitutional Court, on behalf of the victims of the Roqi family.
– Given that this is the second time that the Constitutional Court has taken responsibility for the flagrant violation of Article 6.1; article 8; article 13; article 14; Article 41, European Convention on Human Rights, I request that the moral and material damage of 118 months from being criminally and violently evicted by the state from the apartment, payment for the privatization of an apartment on equal terms with members of the Constitutional Court, government official and parliament members, payment for the deliberate delay in the execution of the decision 76/2000 of the Constitutional Court, to be done straight from the ‘pockets’ of the members of the Constitutional Court and not from the Albanian taxpayers.
– Taking security measures to protect the lives of the victims of the Roqi family, H. R., L. R., S. R., K. R. from violators of the Constitution of the Republic of Albania, the European Convention on Human Rights and the organic law of the Constitutional Court.
AC judges for the preliminary review:
Judge: Ardian Hajdari
Judge: Rezarta Schuetz
Case Rapporteur: Sokol Çomo
Status: Under preparation to adjudication
Subject:
-Taking disciplinary, criminal, civil, administrative measures by the AC, in view of Article 128, para 1; para 2 / a); para 3 / c, of the Constitution of the Republic of Albania against the serious violation committed by the members of the Constitutional Court of the Republic of Albania, in issuing decision no. 86, dated 22 June 2021 of the Constitutional Court.
– Finding unconstitutional the announcement of decision no. 86, dated 22 June 2021 of the Constitutional Court of the Republic of Albania; etc.
Registration date: 19.10.2021
Initiated by: Hasan Roqi
Respondents or interested parties: Constitutional Court members, M.Xh., F.P., A.B., P. K., S. B., E. T..
Object:
“- Taking disciplinary, criminal, civil, administrative measures by the AC, in view of Article 128, para 1; para 2 / a); para 3 / c, of the Constitution of the Republic of Albania against the serious violation committed by the members of the Constitutional Court of the Republic of Albania, in issuing decision no. 86, dated 22 June 2021 of the Constitutional Court.
– Finding unconstitutional the announcement of decision no. 86, dated 22 June 2021 of the Constitutional Court of the Republic of Albania.
– Fair trial, by the AC, in accordance with the requirements of the Constitution of the Republic of Albania, European Convention on Human Rights and law on the organization and functioning of the Constitutional Court, of the six requests submitted by the applicant on March 25, 2021, before the Constitutional Court of the Republic of Albania, according to the interested subjects, the object, where the compensation of the damage is included and the accompanying legal basis with its respective probative documentation.
– Faced with a decision that supports illegal actions, corrupt justice in a captive state and, in the most arbitrary way, by openly violating the Constitution of the Republic of Albania, Articles 6.1; 8; 13, 14; 41 of the European Convention on Human Rights, as well as law on the organization and functioning of the Constitutional Court, where the Albanian High Contracting Authority as part of the European Convention on Human Rights, has created disappointment, despair and brought the victims of the Roqi family in a state of shock, whose apartment was robbed by the state criminal violence, in violation of decision 76/2000 of the Constitutional Court and special law. Faced with public discrimination, political re-persecution, violation of equality before the law, social exclusion, actions are supported by decision no. 86 dated 22.06.2021 of the Constitutional Court, we request:
– Compensation of psycho-moral damage in the amount of 5 monthly salaries of each of the members of the Constitutional Court, on the account of the Roqi family victims.
– Taking security measures to protect the lives of the Roqi family victims, H.R., L.R., S.R., K.R., from violators of the Constitution of the Republic of Albania, the European Convention on Human Rights and the organic law of the Constitutional Court.”
Preliminary review chamber:
Judge: Ina Rama
Judge: Albana Shtylla
Case Rapporteur: Sokol Çomo
Status: Under preparation to consideration
Subject: Finding the absolute invalidity of decision no. 949/8 dated 31.05.2021 of the High Inspector of Justice Office, in relation to magistrates: D. M. (prosecutor at SPAK); S. B. (judge at the High Court); S. D. (Judge at the Special Court of Appeal Against Corruption and Organized Crime); Dh. L (judge at the Special Court of Appeal Against Corruption and Organized Crime) upheld without a notification of decision by the Members of the Disciplinary Commission of the High Judicial Council, upheld by decision No. 9 dated 15.09.2021, of the Temporary Complaints Review Commission at the High Prosecutorial Council.
Registration date: 15.10.2021
Initiated by: Petitioner Hasan Roqi
Respondents or Interested parties: High Judicial Council, Disciplinary Committee members, High Prosecutorial Council, Temporary Complaints Review Commission members
Object: “1. Finding the absolute invalidity of decision no. 949/8 dated 31.05.2021 of the High Inspector of Justice Office, in relation to magistrates: D. M. (prosecutor at SPAK); S. B. (judge at the High Court); S. D. (Judge at the Special Court of Appeal Against Corruption and Organized Crime); Dh. L (judge at the Special Court of Appeal Against Corruption and Organized Crime) upheld without a notification of decision by the Members of the Disciplinary Commission of the High Judicial Council, upheld by decision No. 9 dated 15.09.2021, of the Temporary Complaints Review Commission at the High Prosecutorial Council, supporting the impunity, lack of transparency, political influence and corruption, as decisions in direct violation and most arbitrarily of the European Convention on Human Rights, legislation of the International Criminal Court in The Hague, the Constitution of the Republic of Albania, Law no. 8577, dated 10.02.2000 “On the organization and functioning of the Constitutional Court of the Republic of Albania”, Civil Procedure Code, Criminal Procedure Code, Criminal Code, special laws, Law No. 115/2016 “On the governing bodies of justice system”, Law no. 84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, Law no. 96/2016 “On the status of judges and prosecutors in the Republic of Albania, Decisions of the Constitutional Court, legal, health, moral and financial interests of the petitioner and his family members.
- Holding disciplinary, civil, criminal, administrative liable the interested subjects, the Members of the Discipline Commission in the HJC, the Members of the Temporary Complaints Review Commission in the HPC, defenders of the illegal unconstitutional activity of magistrates: D. M ., S. B., S. D., Dh. L., imposing disciplinary measures on these magistrates as well. Prohibition as a disciplinary measure on behalf of the requesting victim and his family members of three monthly salaries of the members of the Disciplinary Commission of the HJC and members of the Temporary Complaints Review Commission of the HPC.
- Provision of procedural guarantees by the Appeal Chamber, in the defense of the execution of the rights deriving from decision 76 dated 08.11.2000 of the Constitutional Court and special law, CM Instruction, no. 3 dated 21.06.1993, para 9/ç, on the implementation of Law no. 7698 dated 15.04.1993 “On the return and compensation of properties to former owners”, ordering the execution of its decision no. 76/2000, registration with the Cadaster of the real share of 37% of the Roqi family including 205 m2 plot and return in the possession of the property. Due to the prolongation of this time limit for non-execution of decision no. 76/2000 since 08.11.2000, as part of the proceedings, to be compensated with ALL 100,000 for each year of delay of its execution by the Constitutional Court.
- Compensation for pecuniary and non-pecuniary damage for 117 months from the date of the exclusion by the state criminal violence from the legitimate possession of the property, in flagrant violation of law and decision no. 76/2000 of the Constitutional Court, by the looting structures in power and the court, in the amount of Euro 70,200 for pecuniary damage and Euro 60,000 for non-pecuniary damage, Euro 10,000 for each of the 6 members of the Roqi family, robbed and violated by the criminal gang in power. Reconstruction of the residence destroyed by order of the government, bringing it to the previous parameters: in the amount of ALL 4,000,000 (four million).
- Publication in the public media of the severe repressive, discriminatory, moral health, economic consequences of the Roqi family, by the structured criminal gang in power, the administration, SPAK court, supported by the Disciplinary Commission of the High Judicial Council, as well as the Temporary Review Complaints Commission of the High Prosecutorial Council. Publication of the restoration of Constitutional Rights by the Appeal Chamber.
- Protection of the life of the family members of the Roqi family, H. R., L. R., S. R., K. R., from the structured criminal gang.
Preliminary review panel:
Judge: Sokol Çomo
Judge: Rezarta Schuetz
Case rapporteur: Ardian Hajdari
Status: Concluded (Decision)
Subject: Finding the invalidity of upholding tacitly decision no. 2305/1 dated 26.05.2021 of the of High Inspector of Justice Office, without a notification decision, by the members of the Disciplinary Commission at the High Judicial Council, in relation to magistrate A.V.
Registration date: 15.10.2021
Initiated by: Petitioner Hasan Roqi
Respondents or Interested parties: High Judicial Council, Disciplinary Committee members
Object: “1. Finding the invalidity of upholding tacitly decision no. 2305/1 dated 26.05.2021 of the of High Inspector of Justice Office, without a notification decision, by the members of the Disciplinary Commission at the High Judicial Council, in relation to magistrate A.V., in the context of supporting impunity, lack of transparency, political influence and corruption, in direct violation of the Constitution of the Republic of Albania, European Convention on Human Rights, Law no. 8577, dated 10.02.2000 “On the organization and functioning of the Constitutional Court of the Republic of Albania” and its decision no. 76/2000, Civil Procedure Code, special laws, Law No. 115/2016 “On the governing bodies of the justice system”, Law no. 84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, Law no. 96/2016 “On the status of judges and prosecutors in the Republic of Albania”, Constitutional Court Decisions, legal, well-being, moral and financial interests of the petitioner and his family members.
- Holding disciplinary liable the interested subjects, defenders of the illegal activity of the HJC candidate, magistrate A. V. and taking disciplinary measures for this magistrate as well. Imposition of the measure of prohibition of three monthly salaries against the three members of the Disciplinary Commission of the High Judicial Council, for non-compliance with the Constitution of the Republic of Albania and ECHR, in open support of their violation, actions which have led to the victimization of the Roqi family, increasing further the stress, for impunity of the offense in the justice system and prolongation of the execution of a final court decision upheld by the Constitutional Court, in violation of legal certainty of the special law, since 23 years.
- Provision of procedural guarantees by the Appeal Chamber, in defense of the execution of the rights deriving from decision 76 dated 08.11.2000 of the Constitutional Court and special law, CM Instruction, no. 3 dated 21.06.1993, para 9/ç, on the implementation of Law no. 7698 dated 15.04.1993 “On the return and compensation of properties to former owners”, ordering the execution of its decision no. 76/2000 and due to the prolongation of its execution since 23 years, due to the violations by the state bodies and the courts of law, to award an indemnity of ALL 100,000 for each year of delay.
- Compensation for pecuniary and non-pecuniary damage for 4 years by the HJC candidate, magistrate A. V., since the date of his decision no. 1922 dated 13 September 2017 of Tirana Court of Appeals, in the amount of Euro 28,600 for pecuniary damage and Euro 30,000 for non-pecuniary damage.
- Publication in the public media and in the School of Magistrates as a case, as a corrupt and criminal decision, of decision no. 1922 dated 13 September 2017 of Tirana Court of Appeals, as an open robbery of a citizen, in flagrant violation of law and Constitution of the Republic of Albania and decision no. 76/2000 of the Constitutional Court, for abuse of office, in complicity with the organized crime, by the magistrate lecturer A.V., appointed as member of the High Court after the decision archived with legal malice by the HJI and HJC, and now a HJC candidate.
Preliminary review panel:
Judge: Natasha Mulaj
Judge: Ina Rama
Case rapporteur: Rezarta Schuetz
Status: Concluded (Decision)
Subject: – Re-opening of the case review.
Registration date: 09.07.2021
Initiated by: Applicant: Tom Dedaj
Defendants or interested parties: –
Object: Re-opening of the case review.
Composition of the Preliminary Review Panel:
Judge: Ina Rama
Judge: Rezarta Schuetz
Rapporteur of the case: Ardian Hajdari
Status: Concluded (Decision)
Subject: Disciplinary proceedings against the judge of the Special Appeal Chamber, Luan Daci
Registration date: 31.05.2021
Initiated by: International Monitoring Operation
Object: Disciplinary proceedings against the judge of the Special Appeal Chamber, Luan Daci
Composition of the Disciplinary Commission
Presiding judge: Natasha Mulaj
Member: Albana Shtylla
Member: Ina Rama
Investigating judge of the case: Judge Ardian Hajdari
The first public hearing on case (JD) no. 5/2021, dated 31.05.2021, was held on Monday, 06.12.2021, at 14:00 h. The next hearing was held on Tuesday, 07.12.2021, at 14:00. The final decision was announced on 09.12.2021, at 09:30.
Status: Concluded (Decision)
Subject: – “Annulment of decision no. 92, dated 17.03.2021 of the High Judicial Council as it does not comply with the Constitution of the Republic of Albania”.
Registration date: 21.05.2021
Initiated by: Appellant Enkeleida Hoxha
Interested party:
-Summoned as interested part the High Judicial Council
–Summoned as interested party: the High Justice Inspectorate
Object: Annulment of decision no. 92, dated 17.03.2021 of the High Judicial Council as it does not comply with the Constitution of the Republic of Albania”.
Composition of the preliminary review Chamber:
Judge: Ina Rama
Judge: Natasha Mulaj
Case rapporteur: Albana Shtylla
Hearings held for case
(JD) no. 4/2021, dated 21.05.2021: on Wednesday, 15.12.2021, at 10:00; on
Thursday, 20.01.2022, at 10:00; on Monday, 21.02.2022, at 10:00; on Wednesday, 23.03.2022,
at 10:00; on Thursday, 14.04.2022, at 10:00; on Tuesday, 10.05.2022, at 09:00.
The decision on case (JD) no. 4/2021, dated 21.05.2021 was made on 31.05.2022. The decision on this case was announced on 30.06.2022.
Status: Concluded (Decision)
Subject: – Annulment of decision no. 81, dated 31 March 2021 “On the disciplinary measure imposed against prosecutor Bujar Memia”, of the High Prosecution Council.
Registration date: 30.04.2021
Initiated by: Appellant Bujar Memia
Interested party: High Inspectorate of Justice
Object: Annulment of decision no. 81, dated 31 March 2021 “On the disciplinary measure imposed against prosecutor Bujar Memia”, of the High Prosecution Council
Composition of the preliminary review Chamber:
Judge: Ardian Hajdari
Judge: Rezarta Schuetz
Case rapporteur: Natasha Mulaj
Hearings held for case (JD) no. 3/2021, dated 30.04.2021: on Tuesday, 14.12.2021, at 10:00; on Wednesday, 19.01.2022, at 10:00; on Thursday, 17.02.2022, at 10:00; on Friday, 18.02.2022, at 11.30; on Tuesday, 15.03.2022, at 10:00; on Thursday, 07.04.2022, at 09:00; on Monday, 09.05.2022, at 09:00; on Tuesday, 10.05.2022, at 13.00.
The decision on the case (JD) no. 3/2021, dated 30.04.2021 was made on 30.05.2022. The decision on this case was announced on 12.07.2022.
Status: Concluded (Decision)
Subject: – Annulment of decision no. 633, dated 10.12.2020 of the High Judicial Council “On the disciplinary measure imposed against Judge Markelian Kuqo.
Registration date: 26.03.2021
Initiated by: Appellant: Markelian Kuqo
Interested party: High Inspectorate of Justice
Object: Annulment of decision no. 633, dated 10.12.2020 of the High Judicial Council “On the disciplinary measure imposed against Judge Markelian Kuqo
Composition of the preliminary review Chamber:
Judge: Natasha Mulaj
Judge: Albana Shtylla
Case rapporteur: Ina Rama
Hearings held for case (JD) no. 2/2021, dated 26.03.2021: On Monday, 13.12.2021, at 10:00; on Monday, 17.01.2022, at 10:00; on Tuesday, 15.02.2022, at 10:00; on Friday, 11.03.2022, at 10:00. It was decided in this hearing to suspend the trial of this case until the final resolution of the penal case related to the appeal with the High Court of the citizen G. Gj. The next hearing took place on Tuesday, 27.09.2022, at 10:00; on Wednesday, 05.10.2022, at 10:00. The announcement date of this decision shall be notified to the parties by the AC judicial secretariat.
Status: Under trial
Subject: – Finding unlawful and repeal decision no. 22, dated 28.01.2019 of the High Prosecutorial Council on the dismissal from office of prosecutor Tom Dedaj, etc.
Registration date: 26.02.2021
Filed by: Petitioner, appeallant: Tom Dedaj
Respondents or interested parties: High Prosecutorial Council; General Prosecution Office; Meeting of the High Prosecutorial Council
Object:
- Finding unlawful and repeal decision no. 22, dated 28.01.2019 of the High Prosecutorial Council on the dismissal from office of Prosecutor Tom Dedaj.
- Return to the previous position of prosecutor at Dibra Judicial District Prosecution office of the petitioner Tom Dedaj.
- Payment of the salary to the petitioner Tom Dedaj from 28.01.2019 onwards.
- Provision of a fair remuneration to the petitioner Tom Dedaj to the amount of ALL 30,000,000 (thirty million).
- Finding the discrimination against the petitioner Tom Dedaj.
- Partial annulment of the decision of the Meeting of the High Prosecutorial Council dated 19.12.2018, regarding the certification, and provision of the mandate as members of the High Prosecutorial Council of members G.I., T.B., B.SH., A.D., A.S., B.C., G.O. and N.S.
- Partial annulment of the decision of the Meeting of the High Prosecutorial Council dated 19.12.2018, regarding the constitution of the High Prosecutorial Council.
- Suspension of the continuation of the activity of the High Prosecutorial Council until the termination of the judicial proceedings.
- Suspension of the decision of the High Prosecutorial Council on the dismissal from office of the petitioner Tom Dedaj until the termination of the trial of this case.
Preliminary Review Panel:
Judge: Ardian Hajdari
Judge: Ina Rama
Rapporteur: Rezarta Schuetz
Status: Concluded (Decision)