DREAM / The Prime Minister resigns and wakes up under the Parisian bridge!

 Kliko këtu për të tjera
Voxpress:

The file was returned by the GJKKO/ The tasks that the court assigned to SPAK for the investigation of Judge Irena Gjoka

2026-05-29 08:10:06Aktualitet SHKRUAR NGA REDAKSIA VOX
The file was returned by the GJKKO/ The tasks that the court assigned to SPAK
Irena Gjoka

The Special Court of First Instance decided on May 19 to return the criminal case to Judge Irena Gjoka, who also serves in this court, for further investigation, leaving to SPAK the tasks deemed necessary in terms of establishing the actual time of the self-declarations for the figure, as well as to conclude on the knowledge or not regarding the criminal sentence given by the Greek justice system to this magistrate.

The criminal proceedings regarding the failure by Judge Gjoka to declare in the cleanness of character form a criminal conviction for using false documents at the border, given to her by the Greek judicial authorities, were registered on the basis of the complaint filed in May of last year by the leader of the Democratic Party, DP, Sali Berisha, his son-in-law, Jamarbër Malltezi, as well as by lawyer Adriana Kalaja, in her capacity as the chairwoman of the Appeal and Statute Evaluation Commission in the DP.

Although SPAK confirmed the criminal conviction against Judge Irena Gjoka, on March 23 it asked the court to dismiss the criminal proceedings, arguing that it had not been proven that the magistrate was aware of the conviction when she made the statement about the figure - while considering the criminal offense to be statute-barred.

Judge Marinela Osmani finds that SPAK did not conduct investigative actions that were dictated by the progress of the investigations conducted and the facts established. According to the judge, given that the complainants during the trial presented circumstances and evidence related to the subject of the complaint, their questioning is a necessary and indispensable investigative action to exhaust the knowledge they have about the alleged circumstances.

Meanwhile, the court notes that Judge Irena Gjoka was questioned in her capacity as a person with knowledge of the incident, but the minutes do not appear to have been signed by the investigator. Consequently, it has been ordered to repeat the taking of Judge Irena Gjoka's statements.

The second task assigned to the prosecutor in the case, Bledar Maksuti, is to administer to the High Judicial Council, KLGJ, the self-declarations of Judge Irena Gjoka regarding her character, made within the framework of the vetting process, as well as for her appointment to the Special Court of First Instance, where, among other things, a self-declaration of her character is also required. According to the court, the prosecutor has requested information from the KLGJ regarding Gjoka's self-declarations regarding her character, based on the 2015 law "On guaranteeing the integrity of persons elected, appointed or exercising public functions" and not in function of other legislation. The KLGJ has informed that, apart from a self-declaration of April 2016, there is nothing else.

Another deficiency found in the SPAK investigation is the failure to provide the Supreme Court with copies of all acts of the procedures followed for the permanent appointment of Judge Irena Gjoka to the Special Court, after her confirmation in office by decision of the Special Appeals Chamber in June 2022.

It is also requested that the prosecution administer a copy of the procedure and administrative investigation conducted by the Independent Qualification Commission for Judge Irena Gjoka in the capacity of the subject of the transitional reassessment, as well as a copy of the disciplinary investigation report ordered by the High Inspector of Justice, after the High Judicial Council refused to make a decision against her based on the verifications made by the General Prosecutor's Office.

The court then reasons on the need for further evidence to be requested from the Greek justice system. SPAK argued in its request for adjournment that, according to the court decision of the Court of Ioannina, it is proven that Gjoka was not aware of the criminal process and decision-making, and therefore it cannot be claimed that he submitted false information in the self-declaration form for the figure.

The Court notes that SPAK, in reaching this conclusion, relied only on the data of the 2005 court decision and on the statements of Judge Irena Gjoka herself, who claimed to have no knowledge of the process and the criminal decision against her. According to the Court, SPAK’s investigation should not have been limited only to the data of the decision of the Court of Ioannina, but should have been based on other acts of the court file. The Court attaches particular importance not only to Gjoka’s notification during the trial in 2005, but also to her notifications of the final court decision.

It is also established that, although the accused Gjoka herself requested from the prosecutor the administration of the record of the seizure of her passport in 2002 and 2004, SPAK did not take any action in this regard, with the argument that at that moment the letter of request was sent with the aim of administering the 2005 court decision of the Court of Ioannina.

Given that the complainants have insisted on their claim that Gjoka was aware of the criminal conviction against her, the court considers that the prosecutor should request from the Greek judicial authorities a complete copy of all judicial and investigative procedural acts. Of particular importance, the court assesses the acts of notification of Judge Gjoka about the trial that was taking place, as well as the procedural acts for the notification of the decision by the Court of Ioannina. It is also requested that the investigative acts relating to the report kept on the seizure of Gjoka's passport and the expert report carried out by the Greek authorities be administered.

The court considers all the documents in the file related to the administrative court case conducted in the Administrative Court of First Instance of Ioannina in 2006, with the applicant Judge Irena Gjoka, who requested the annulment of the 2003 act that prohibited her from entering Greek territory, to be of particular importance. According to the court, the request submitted by Judge Gjoka, the power of attorney for representation in this legal process issued by the latter, and the evidence that has been attached are of particular importance. The court suggests that the request addressed to the Greek authorities be underlined that the receipt of this documentation is important for the investigation being conducted regarding Gjoka's failure to declare the criminal conviction against her.

The following is requested to administer the special power of attorney issued by Gjoka and her husband to a notary in Albania, regarding their representation in the administrative matter for the lifting of the detention measure.

SPAK is also ordered to request from the Greek authorities copies of the acts on the administrative measures for the prohibition of Gjoka's entry into the Greek state in December 2002 and February 2003, as well as official information regarding the procedure followed for their imposition and execution.

The court considers that only after these investigative actions have been carried out, as well as any other action deemed necessary by the prosecution, can it be determined whether the evidence administered is sufficient for the further continuation of the investigation or for making a decision to conclude it. /reporter.al


Në përputhje me standarded JTI

Video

SHIKO KANALIN NE YOUTUBE
×