ILD demands the dismissal of the judge of Vlora, lists the violations

2023-12-26 12:37:00, Aktualitet CNA

ILD demands the dismissal of the judge of Vlora, lists the violations

Court of Vlora

The High Inspectorate of Justice has requested the dismissal of the judge of the Administrative Court of the First Instance of Vlora, Ken Dhima, for very serious professional violations.

In the announcement of the ILD, it is emphasized that the judge has delayed dozens of decisions, committing serious professional violations, which constitute "very serious disciplinary violations".

Notice:

Upon the request of the High Inspector of Justice for disciplinary proceedings with the measure "dismissal" of the magistrate K.DH the High Inspector of Justice has completed the disciplinary investigation against the magistrate K.DH., at the time of the violation, a judge at the Administrative Court of Shkalla First, Vlorë, for very serious professional violations, which discredit the position and figure of the judge during the exercise of his duties, in continuation of the disciplinary investigation initiated by the former KLD in 2018, against this magistrate, for delays in clarifying court decisions; while the ILD has merged the practices of verification and disciplinary investigation and the merger of investigative proceedings, initiated against the judicial activity of judge K.DH.

From the disciplinary investigation of the ILD, spanning over years of work, for 292 decisions of the magistrate, it resulted that:

The magistrate has delayed 32 decisions during the period of March 2018 with delays from 1 to 6 months; 189 decisions with delays ranging from 1 month to 26 months were made late during the period 24.06.2021-29.07.2021 and 29.07.2021-30.03.2022.
From the evidence obtained during the disciplinary investigation, it results that the judge acting late in clarifying the recorded decisions, beyond any reasonable and objective deadline, has resulted in the unjustified delay of court proceedings, as well as the late performance of other actions procedural within these processes.
From the data administered during the investigation, it results that the adjudicated cases, for which a decision was taken by the magistrate, and which were justified late, due to the nature of the object of the lawsuit or request, do not turn out to be of a complex or difficult level, to the extent that it justifies the delay, based on the judge's 19-year experience.
Such delays harm the subjects' right to a regular judicial process, infringing on the right to have a reasoned decision and to appeal, significantly damaging the image of justice and public confidence in it, as long as the excess of logical and normal deadlines, is almost equal to the lack of justice.
It is proven that the magistrate K.DH., in his actions and inactions, has committed serious professional violations, which constitute "very serious disciplinary violations", which discredit the position and image of the judge during the exercise of his duties. For the
above, the Senior Inspector of Justice requests from the Supreme Judicial Council the administration of the evidence presented in this disciplinary proceeding and the acceptance of the proposal for the disciplinary measure "Dismissal from duty", for K.DH. judge at the Lushnje First Instance Administrative Court, for foreseen disciplinary violations from article 140, point 2, letter "a" of the Constitution of the Republic of Albania and from article 102, point 1, letter "d", of Law no. 96/2016 "On the status of judges and prosecutors in the Republic of Albania", as amended. /CNA