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Dumani reasoned that he cannot be dismissed/ KPA leaves prosecutor Gentian Habazaj in office

2025-10-17 12:29:00, Aktualitet CNA

Dumani reasoned that he cannot be dismissed/ KPA leaves prosecutor Gentian

Gentian Habazaj

The Special Appellate Panel, KPA, announced on Friday, October 17, the decision to dismiss the vetting case of prosecutor Gentian Habazaj, leaving in force his confirmation in office by the Independent Qualification Commission.

Prosecutor Gentian Habazaj was confirmed in office on January 31, 2024, after the Independent Qualification Commission was convinced by his explanations against the burden of proof regarding the inability of his parents to donate a sum of about 5 million lek in 2003, before taking office, as well as for their purchase of an apartment in Tirana, used by the subject.

Public Commissioner Florian Ballhysa appealed the KPK's decision on Habazaj as unfounded, raising grounds for wealth and professionalism.

The head of SPAK, Altin Dumani, defended the reasons for the complaint and the request for the dismissal of prosecutor Gentian Habazaj, regarding problems with the asset and professionalism criteria, during the presentations.

The subject objected to the grounds of appeal as unfounded, arguing that he cannot be penalized for assets created by his parents before the start of his duties.

In presenting the final conclusions, the head of SPAK presented different conclusions, reasoning that after familiarizing himself with the evidence and explanations of the subject, the findings cannot lead to dismissal. He requested on Tuesday that the KPK decision on Habazaj's confirmation be left in force.

During the announcement of the decision on Friday, the College noted that, in the conditions where the head of SPAK has requested the enforcement, it has resulted in leaving the appeal without subject matter. According to the KPA, this is the same as abandoning the appeal, since a lack of legitimate interest is detected by the appellant. The College considers that, for this reason, there is no procedural case, since the appeal has lost its subject matter and for this reason, the case should be dismissed. The KPA argues that after the dismissal of the case, continuing the control of the KPK decision in the absence of subject matter of the appeal would constitute a violation of due process.

By majority vote, the KPA panel decided to dismiss the case. Meanwhile, it was announced that in cases of dismissal of the trial, the decision of the KPC is considered final.

Prosecutor Gentian Habazaj began his career at the Durrës Prosecution Office in 2009 and since 2010 he has worked at the Berat and Tirana Prosecution Offices. He is currently assigned as an advisor to the High Prosecution Council. /Reporter