The Vettingu process, which began this Monday, will evaluate the rumored names of prosecutors and judges in both the KPK and the KPA.
The Independent Qualification Commission started working today with the administrative judge in Korça, Sokol Ibi, while the Special Appeals Panel begins on September 3 with prosecutor Besnik Muçi and then with judge Artur Malaj.
The latter will face justice in the second instance of Vetting at the end of the week, September 6.
Malaj does not for the first time come before the KPA.
The Special Appeals Panel held a hearing on Malaj even on 19.07.2019, following an appeal filed by the Public Commissioner against decision no. 62, dated 03.08.2018 of the Independent Qualification Commission related to the transitional reassessment process.
During the same hearing, the Public Commissioner filed a preliminary request for a reinstatement and additional appeal, following two findings with previously unknown information made available by the International Monitoring Operation.
However, Malaj has rejected the Public Commissioner’s request, finding it procedurally unfounded and has asked the trial panel to dismiss it.
After the Trial Panel accepted the Public Commissioner’s request, the latter set out the reasons for the initial appeal and the additional appeal, and requested the Trial Panel to conduct a thorough financial analysis, based on the evidence deposited up to this stage of the process.
This request was based on the results of a financial analysis carried out by the Public Commissioner himself, the results of which led to the conviction that the decision of the Independent Qualification Commission is vulnerable to the criterion of assets, and that comprehensive scrutiny is needed. College side, on this criterion.
Complaint of the Public Commissioner
The Public Commissioner, following the recommendation of the ONM, within the legal deadline, appealed to the Special Appeals Panel before the Constitutional Court against Decision no. 62, dated 3.8.2018, of the Independent Qualification Commission, on the subject of reassessment Artur Malaj, judge at the Administrative Court of Appeal of Tirana.
In the assessment of the Public Commissioner, in the present case, no conviction is established that the subject of reassessment has accurately and fully stated the properties in use or possession of him and other related persons, and has failed to argue the lawful source of the assets and income of their creation by other related persons, in order to achieve a reliable level of property valuation, according to Article 59/1 of Law no. 84/2016.
At a hearing at the KPA, the Public Commissioner, Darjel Sina, said that he was familiar with two financial analyzes carried out by the Commission during the administrative investigation, which present different results on the valuation of Malaj’s property.
The Public Commissioner, referring to the new evidence, said that the KPK used an ‘analysis to assess the property criterion, which is not part of the acts in the file forwarded to the Public Commissioner.
Malaj also did not miss reports, which the ONM is aware of.
Recall that for Malaj and DSIK there was a negative report. The report of the Directorate for Classified Information Security raised the alarm that Judge Malaj was involved in systemic corruption and illegal gains. According to DSIK, Malaj had in one case received money from a prostitution trafficking accused.
“In the general view of checking the purity of the picture of a reassessment subject, in our case, in the capacity of the President of the Vlora District Court, any reasonable suspicion of having committed or not performing an act contrary to the law in regular default of duty and when such acts or omissions bring material or immaterial benefits to him or her as a public official, or to related persons, harming the legitimate interests of the State or other persons, we appreciate that the purity of his or her image is impaired. the subject in question and the degree of its credibility.
In conclusion, it is estimated that the corruptive activity of the subject of reassessment directly affects the purity of the picture, which fully fulfills the determination of letter c of article 37, of law 84/2016, where Mr. Artur Malaj is regarded as a potential individual to be pressured by criminal structures
The Working Group confirms the inappropriate finding for the continuation of the reassessment task of Mr. Artur Hamdi Malaj, ”reads the DSIK report.
The ball is now in the hands of the KPA, but all the facts and circumstances show that Judge Malaj is ineligible to be part of the justice system.
