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Same property, but different interpretations: KPA gives opposite decisions for the two ex-spouses

2022-07-06 22:30:01Aktualitet SHKRUAR NGA REDAKSIA VOX
Same property, but different interpretations: KPA gives opposite decisions for
Judge Gerd Hoxha

The Special Appellate Panel made an unprecedented decision today when it announced within one hour on Wednesday two opposing decisions for the former magistrate spouses, Elbana Lluri and Gerd Hoxha.

The Judge of Appeal of Tirana, Elbana Lluri, was dismissed from office for the wealth criterion, while her ex-husband, Gerd Hoxha, was confirmed in office thanks to a different interpretation of the College for the same assets.

The decision to confirm Hoxha was challenged immediately after the announcement by the international observer, Theo Jacobs, while the jury was still standing.

The main problem that was identified during the proceedings in the College of the two cases had to do with the legality of the sources for the purchase of an apartment in Vlora.

According to KPA, Lluri failed to justify the savings in the amount of 5 million lek declared to have been created before the beginning of the task and which served as a source for the apartment in Vlora, while from the financial analysis an amount benefited from the sale of a car was deducted Hoxha in 2011, as it was not declared as savings.

The judge of the Court of Tirana, Gerd Hoxha, remained in the justice system, after the Public Commissioner did not file a complaint about the savings of his ex-wife in the amount of 5 million lek. For the value of 1.2 million ALL obtained from the sale of the vehicle in 2011, the College assessed differently from the case of Llur.

In this case, the troupe recognized the fact that they were not declared as savings, but argued that there was no indication that they could have been spent, and therefore it was estimated that they remained as savings.

Judge Gerd Hoxha was confirmed in office by the Independent Qualification Commission on June 3, 2021, while Elbana Lluri was unanimously confirmed on February 2, 2021.

ONM submitted recommendations to both decisions and the cases went before the College, which did not accept ONM's request to join the cases, but decided to take as evidence in each case the investigative files of both re-evaluation subjects.

The different arguments of KPA

For the purchase of an apartment with an area of ​​126.5 m2 in Vlora, a value of 5 million Lek declared by Lluri as savings created before the task and the amount of 1.2 million Lek benefited from the sale of a vehicle in 2011 were claimed as sources of creation.

In the case of Llur, the College concluded that the subject failed to prove the employment at his sister's business where he declared that he received income, as well as the payment of tax obligations for this employment. "The subject's employment relationship in her sister's business, as well as the income generated from this relationship during the period 1997-2004 in the amount of 3.3 million ALL, remain at the declarative and unproven level," stated chairwoman Mulaj.

The majority of the KPA team considers that the claim of the subject for the benefit of the amount of 2 million ALL, declared as a value donated by the subject's sister, remained unproven. The College notes that this amount was not specified in the "veting" statement and in the initial statement of the property, as well as in the answers given by the subject in the standard questionnaire where it was found that she gave detailed explanations about her sister's donations, but without mentioning this amount.

The majority of the KPA panel that examined Gerd Hoxha's case did not address the source of Llur's savings in the amount of 5 million ALL. "The judging panel assessed that this claim was not reflected in the appeal. As a result, not finding the legal way to submit it to the College, this claim had fallen into decadence, leaving in effect the Commission's assessment in the decision that the above-mentioned amount was created with legal sources," presented the conclusion of the majority, the leader of the body, Rezarta Schuetz.

The court that examined the appeal against Llur's confirmation considers as correct the claim of commissioner Florian Ballhysa that the Commission wrongly considered in the analysis the amount of 1.2 million lek declared as income from the sale of a "Mercedes Benz" type vehicle in 2011, since this value is not described as savings at the end of that year, but only as income.

"Nor does it turn out to have been identified in any way in the previous declarations as a source for the creation of any assets," Mulaj clarified and added that based on the previous jurisprudence regarding the proof of cash savings through their declaration, the amount of 1.2 million ALL is not considered as savings and therefore not included in the volume of cash savings that were used for the purchase of the apartment in Vlora in 2016.

According to the KPA, the cash savings declared by Lluri and her ex-husband as a source for the apartment in Vlora result in an unjustifiably high level, not proving the legal source of wealth creation. Consequently, the dismissal of judge Elbana Lluri was decided by a majority of votes.

In the case of Hoxha, the judicial body has accepted as savings the value of 1.2 million ALL declared as income from the sale of the car.

The college states that it has evaluated Hoxha's claim for saving the amount of 1.2 million ALL in harmony with the fact of benefiting from a legal transaction that ended at the end of October 2011. of wealth, but conversion from vehicle to cash, as well as based on the fact of not creating any wealth during 2011 that would justify the expenditure of this amount, have been assessed as sufficient by the majority of the College that, using the previous jurisdiction of the KPA- to consider the value of 1.2 million ALL as savings.

Meanwhile, the College evaluates equally in both cases the savings declared by Hoxha in 2003 in the amount of 2.5 million ALL. According to KPA, his employment in the private sector has not been proven with legal documentation, nor has he paid his dues, but it is concluded that he had the opportunity to save with legal sources in 2003 only for about 1.2 million ALL. But this situation has not resulted in a penalty for Hoxha.

Also, the Board assesses that the use by Judge Hoxha of an Audi Q7 type vehicle owned by his father cannot be considered as a property interest and therefore it has not been investigated on the sources of its creation.


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