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The ILD held a hearing today on the request of the High Inspector of Justice for disciplinary proceedings against magistrate Sh.L., who has been a member of the Court of Saranda for 5 years.
The High Inspector of Justice made the decision to reduce the salary by 40% for a 1-year period.
The ID has found various violations by the Saranda judge, such as systematic and repeated delays beyond deadlines, failure to fulfill duties, and the violations were found in the second year of his office.
Decision:
"The High Inspector of Justice has initiated a disciplinary investigation against magistrate Sh.L., judge at the Court of First Instance, General Jurisdiction of Saranda, based on 13 complaints for delays in the disclosure of reasoned decisions by the judge, disciplinary violations provided for in 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.
The voluminous investigation report of the ILD inspectors, which has merged two proceedings and during the process has changed and added the object of investigation for this judge, has identified repeated delays in the disclosure of decisions exceeding the legal deadline of up to 4 years, decisions that belong to the period of 2021, 2022, 2023. The ILD inspectors' report concludes that:
• The magistrate has taken actions/inactions in violation of the civil and criminal procedural deadlines for the reasoning of the judicial decision, exceeding the deadlines beyond any logic, where the failure to respect the legal deadlines does not appear as an isolated episode, but as a repeated pattern in three consecutive years and in proportions outside any legal and professional standard of delay deadlines. The systematic and repeated delay beyond these deadlines constitutes a clear indicator of non-compliance with functional responsibilities.
• Regardless of what the magistrate has stated regarding the workload and the state of the judicial system, the analysis of the situation shows that he has not fully and consistently fulfilled the legal and functional obligations imposed on him for the reasoning and timely delivery of judicial decisions.
• The magistrate has 5 years of seniority as a judge, while the disciplinary violations were recorded in the second, third and fourth year of his office, indicating his limited experience in the profession. However, despite his experience in office, the judge has significantly damaged the image of justice and the public's trust in it.
• The disciplinary violation has resulted in failure to timely obtain the expected product from the trial of a particular case, delays in exercising the right to appeal or even significant delays in the execution of the court decision, as a result of failure to justify the decisions in a timely manner, i.e. a denial of justice.
• The magistrate's behavior after the commission of the violation, after the initiation of the investigation, and during the investigation/disciplinary proceeding was cooperative.
The ILD concludes that the actions/inactions taken by magistrate Sh.L constitute a "Serious Disciplinary Violation" and proposes to the High Judicial Council the imposition of the disciplinary measure "Temporary salary reduction of up to 40 percent, for a period not longer than one year", provided for by article 105, point 1, letter "c", section "i" and article 108 of law no. 96/2016 "On the status of judges and prosecutors in the Republic of Albania", as amended . / CNA
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