IMO concerned over the re-instament of dismissed prosecutor

2 Prill 2023, 07:39Society TEMA

The International Monitoring Operation, which oversees the vetting process of judiciary members in Albania, released a statement on Saturday in which it says that it  “learned with concern from public sources that the High Prosecutorial Council is considering a draft decision that would have as effect the re-instatement of Mr Besnik Cani in the prosecutorial ranks.”

The IMO has a mandate vested by the Constitution of Albania to oversee the entirety of the vetting process.

According to the statement, “iff these sources are correct, based on its constitutional mandate, the IMO is of the opinion that such a decision would cast legal uncertainty and would contradict the final decision by the Special Appeal Chamber dismissing the assesse Besnik Cani during vetting, which is still in force.”

The IMO took note of the decision of the European Court of Human Rights (ECtHR) in the case of Besnik Cani against Albania. Notably, the IMO notes that the ECtHR found that the most appropriate form of redress for the violation of the applicant’s right would be to reopen the judicial proceedings, should the applicant request such reopening. Moreover, the IMO notes that the ECtHR expressly refused the request of Mr. Cani to reinstate him immediately in his former office, in view also of the nature of the violation that was found in respect of the applicant’s vetting proceedings.

In this respect, the IMO stresses that all final vetting decisions remain in force until the case is reopened and reviewed by the competent court upon request of the interested party.

“It is of paramount importance to ensure that all State institutions and judicial authorities respect the independence and the exclusive jurisdiction of the vetting bodies, as enshrined in the Albanian Constitution, and refrain from taking actions which directly contradict final vetting decisions,” the statement reads.

“The International Monitoring Operation will continue to monitor the thoroughness of the vetting process, including its full compliance with human rights and principles underlying the system of the European Convention of Human Rights,” says IMO in its stratement.


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