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The Justice Reform and the vetting process were trumpeted with great fanfare as a broom that would cleanse the system of corrupt or unsuitable judges and prosecutors. The architects who drafted the reform laws, the so-called “High-Level Experts,” took care first of all to build a legal shield for themselves.
While hundreds of magistrates were dismissed and thrown out of the system for a garage, a building addition, or formal deficiencies in documents, some of the main names of this reform, such as Sokol Sadushi or Gent Ibrahimi, managed to reach the top of the system without ever passing through the vetting process.
This "service" to the reform was not without reward. From the data disclosed in the ILDKPI and the evidence reflected by CNA, it turns out that these experts have benefited from huge financial sums that go beyond their official salaries. Sokol Sadushi over the years turns out to have been systematically paid by the SOROS Foundation - "Open Society for Albania".
The payments date back to 2004, but peak during the years of drafting the reform, where in 2015 Sadushi reports 1,890,250 lek net from the Open Society Foundation for engagement as an expert in the Justice Reform Commission, in 2017 he declares 337,280 lek net for work as a high-level expert, while in 2018 the declarations include 5,100 dollars net for the preparation of the Commentary on the Constitution and 124,950 lek net for other expertise.
Beyond these honoraria, as "High-Level Experts", Sadushi and the rest of the group have benefited from significant monthly sums from the state budget through service contracts in the Albanian Parliament, amounts ranging from several thousand euros per month for the entire duration of the 2014-2016 process.
Sokol Sadushi, today the President of the Supreme Court, is an example of how the law can be used for private interests. During the time the vetting provisions were being drafted, Sadushi served as a “High Level Expert” under the direction of Fatmir Xhafaj.
The mechanism they wrote was diabolical, as the law stipulated that only those magistrates who were in office at the time the law came into force would be subject to vetting. Sadushi exited the system just when he needed to, avoiding vetting, and re-entered it after the rules were clarified in his favor.
As a result, the man who wrote the vetting law was never vetted like everyone else. This legal change allowed him to catapult himself to the position of director of the Magistrates' School and then to the head of the Supreme Court, protecting a real estate portfolio that resembles more a private real estate agency than the wealth of a man of justice.
Another key figure, Gent Ibrahimi, used the same legal loopholes. Ibrahimi entered the system as chairman of the High Prosecutorial Council, avoiding the vetting filter. From the head of the KLP, with the same procedural maneuvers, he managed to sit in the chair of a judge of the Constitutional Court.
As a selected expert for the reform, Ibrahimi has benefited from considerable financial sums through service contracts financed from the state budget.
Like Sadushi, Ibrahimi had early and ongoing engagements with organizations and foundations that technically supported the reform, participating in their projects before taking on high-ranking positions as chairman of the KLP or judge in the Constitutional Court.
Today, as they hold the new generation of magistrates accountable and moralize, Sokol Sadushi and Gent Ibrahimi remain evidence of a truncated reform, where those who wrote the rules of the game made sure that they themselves never played by them, but remained forever above the law. /CNA
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