Candidate expelled from police for serious violations targets BKH head

2025-07-17 15:22:00, Denoncim CNA

Candidate expelled from police for serious violations targets BKH head

Illustrative photo

For weeks, the Special Prosecution Office has been opening the race to elect the head of the National Bureau of Investigation.

Among the candidates running for the head of the BKH is Elton Kërluku, a name that is quite well-known, in fact, to the institutions of Justice.

CNA has secured a Supreme Court decision, made 19 years ago, in 2006.

According to this decision obtained by CNA, we find that Elton Kërluku has been expelled from the State Police for a series of violations during his time on duty.

His dismissal took place in 2004, when Kërluk sued the General Directorate of Police and demanded a year's salary.

The case was concluded in the Court of First Instance in Tirana, which on 18.05.2005 decided to accept the lawsuit, annul the order from the General Directorate of Police, and oblige the defendant to compensate Kerluk.

The case also went further to the Tirana Court of Appeal, which on 6.09.2005 decided to leave this decision in force.

Appeal Decision for Elton Kerluku

But what happens?

The General Directorate of Police has requested a change in the decision through a recourse to the High Court, also citing the violations committed by Elton Kërluku.

"The evidence and facts on which the exclusion order was issued have not been objectively analyzed."

During the judicial review, the existence of facts regarding the violations committed by the plaintiff was accepted, but it was considered that they were not such as to justify his dismissal from the Police at a time when they, as a whole, completely consumed the 'Breach of Oath'.

"With his actions such as taking and using a police vehicle without permission, leaving outside the jurisdiction of the Selenica Police Station without permission, communicating outside the norms set forth in the Code of Police Ethics, the plaintiff has violated Law No. 8291, dated 25.02.1998 'Code of Police Ethics', Article 13 thereof, the Regulation of Discipline of the State Police, Rule 9, Point 2, the Road Code of the Republic of Albania, Article 190, Point 1, the Law 'On the State Police', Article 23, Point 1, Article 39, Point 2 and Article 54, Point 2," states the submission made by the General Directorate of Police to the High Court.

After reviewing the case, the Supreme Court, with a decision dated July 4, 2006, decided to overturn the decisions of the Court of First Instance and the Court of Appeal, as well as the lawsuit filed by Elton Kërluku, after assessing that the latter had committed a series of violations.

The Court of Appeal's decision on Elton Kerluku

So, Elton Kërluku was dismissed from the police force because he committed acts contrary to the law that bordered on a criminal offense.

After being expelled from the police structures, Kërluku returned and worked at Taxation or other structures from which he resigned.

Elton Kërluku is targeting the BKH today, but with this decision that CNA has secured, he cannot be part of the BKH structure.

Among the conditions for becoming part of not only the BKH, but also of the structures subordinate to SPAK, is not having disciplinary measures of exclusion or dismissal from a previous state position.

It is not known how Elton Kërluku got the file or what he declared to SPAK or the BKH structures, but with this decision, it is unlikely that he could have passed the vetting and been part of the BKH or SPAK structure, knowing the filter, i.e. the internal vetting that takes place in that institution.

With this decision, he would not be able to be part of the structure, much less compete to lead one of the important structures in the Special Prosecution Office.

Elton Kërluku is a man who has been dismissed from the police force, and the Supreme Court's decision clearly expresses its position by dismissing the lawsuit and the decisions of two courts.

How can a person who leaves the window of the system and the state and enters through the door run for the leadership of the BKH?

So, according to this decision and the conditions for competing for a position like that of head of the BKH, Elton Kërluku cannot be part of the BKH structure./ CNA