Documents and Analysis following the Decisions of the European Court of Human Rights, case of Besnik Cani v. Albania (vetting), AksesDrejtesiAlbania

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If Besnik Cani v. Albania case in Strasburg would construe a Precedent (unifying verdict) 8 other judges and prosecutors today would be awarded the same rights as Mr. Cani, as the Judge elected in violation of the statutory criterias is part of nine Decisions where the KPA (Appeals Chamber) has opposed the qualifications in the KPK (Independent Qualification Commission)

The previous day, the European Court of Human Rights in Strasbourg issued a decision on the case of Besnik Cani against Albania. Mr. Cani is a prosecutor who passed the first stage of evaluation in the KPK (Decision No. 84/2018), but was dismissed by the Special Appeals Panel (Decision 2.2020). His case in Strasbourg referred precisely to the decision of the KPA, with the argument that the right to due process had been violated, since one of the member judges of the College, Mr. L.D., had been appointed in violation of the statutory criteria, having previously been dismissed from his office as a judge in First Instance Court.

The Strasbourg Court accepted the request of Mr. Besnik Cani, awarding him the right to claim that he was not given a proper process. Mr. Cani’s profile and documents concerning his evaluation HERE

The Decision issued on October 4th by the European Court of Human Rights in Strasbourg, it seems to cast doubts on quite a few decisions, where the KPA Judge (elected contrary to the statutory criteria) was a member of the body that made said decisions. Specifically, below we will list the cases in which the Judge or Prosecutor under the Vetting Process had been confirmed by the Temporary Qualification Commission, but was later dismissed by the KPA- Special Appeals Chamber composed of a panel that included Mr. L.D.

The documents listed below are part of the Access to Justice database – the Register of Magistrates, a register created by the AIS organization with the aim of increasing transparency, integrity and public trust in individuals who are part of the justice system.

Confirmed in KPK (Independent Qualification Commission) and dismissed in KPA (Appeals Chamber)

 

  1. Decision No. 12/2018 (JR) dated 17.12.2018, the subject of the re-evaluation is Bashkim Dedja, confirmed by the KPK and dismissed by the KPA; Luan Daci – Rapporteur of the case, see passport and documents: HERE
  2. Decision No. 6/2019 (JR) dated 28.02.2019, including the minority opinion; the subject of the re-evaluation is Antoneta Sevdari, confirmed by the KPK and dismissed by the KPA, case Presided by Luan Daci; documents and passport of the subject: HERE
  3. Decision No. 9/2019 (JR) dated 18.04.2019; the subject of the re-evaluation Astrit Faqolli, confirmed by the KPK and dismissed by the KPA, with Luan Daci acting as Member; documents and passport of the subject: HERE
  4. Decision No. 11/2019 (JR) dated 22.05.2019, including the parallel opinion; the subject of the re-evaluation is Edmond Islamaj, confirmed by the KPK and dismissed by the KPA, Presided by Luan Daci; Register of Magistrates – documents and passport of the subject: HERE
  5. Decision No. 14/2019 (JR) dated 09.07.2019, including parallel opinions; Alma Brati, the subject of the re-evaluation See Profile HERE, confirmed by the KPK and dismissed by the KPA, with Luan Daci acting as Member;
  6. Decision No. 19/2019 (JR) dated 26.07.2019, including the parallel opinion; the subject of re – evaluation Xhezair Zaganjori, confirmed by the KPK and dismissed by the KPA, with Luan Daci acting as Member; documents listed: HERE
  7. Decision No. 27/2019 (JR) dated 24.10.2019; the subject of re-evaluation Artur Malaj, confirmed by the KPK and dismissed by the KPA, with Luan Daci acting as Member See Profile HERE
  8. Decision No. 2/2020 (JR) dated 27.02.2020, including the parallel opinion; the subject of re-evaluation Besnik Cani, confirmed by the KPK and dismissed by the KPA, with Luan Daci acting as Member, the European Court of Human Rights accepted his appeal with a Decision dated October 4th, 2022.
  9. Decision No. 4/2020 (JR) dated 12.03.2020; the subject of re-evaluation Arben Dollapaj, confirmed by the KPK and dismissed by the KPA; Luan Daci – Rapporteur.

Meanwhile, KPA member Luan Daci was appointed by the Assembly as a member of the Special Appeals Chamber on June 17, 2017. A criminal investigation was filed against him in the Supreme Court thereafer. He exercised this duty until his suspension from the College (December 2021).

Mr. Luan Daci has been part of the collegial body  in about 35 Decisions concerning re-evaluations of Judges and Prosecutors which constitute Dismissal Decisions in the KLP (High Prossecutor’s Office), who remained in force even after the appeal in the KPA (Appeals Chamber).

All KPA Decisions are published and carefully listed in the Register of Magistrates Access to Justice Akses Drejtësi, a platform created by the AIS organization as an open and transparent model of a Magistrate’s Register.