"The prosecution proved Irena Gjoka's conviction", DP parliamentary group, letter to KLGJ and ILD: She cannot continue in office
2026-01-20 19:28:54AktualitetSHKRUAR NGA REDAKSIA VOX
Irena Gjoka
After the General Prosecutor's Office confirmed today that Special Court judge Irena Gjoka has been convicted in the Greek state and has hidden such a fact in her self-declaration forms, the Democratic Party Parliamentary Group has asked the High Judicial Council and the High Inspector of Justice to implement the Constitution and the Law, by concluding the termination of her status as a magistrate and her removal from office.
The letter signed by the chairman of the DP Parliamentary Group, Gazment Bardhi, states that " through this confirmation of the responsible authorities, it results that Judge Irena Gjoka is in a state of incompatibility with the constitutional function of a judge, within the meaning of Article 6/1 of the Constitution, Law No. 95/2016 and Law No. 96/2016, and has falsified acts, committing another crime, repeatedly, due to the failure to declare the deportation order and the court decision of the criminal sentence. This fact has created a state of illegality and unconstitutionality in the judicial system".
DP MPs express concern about the lack of timely action by the Supreme Court and the Constitutional Court, which, according to them, is bringing serious and irreparable consequences to the judicial system.
DP's letter to the Supreme Court and the Albanian Institute of Democracy
Subject : On the determination of the termination of the magistrate status for the special judge Ms. Irena Gjoka
Directed by: Mr. Ilir RUSI
President of the High Judicial Council
Mr. Artur METANI
Senior Inspector of Justice
Dear Mr. Chairman,
Dear Mr. High Inspector of Justice,
We are very concerned about an unprecedented situation in the justice system, which violates the constitutional principle of the “court determined by law”. The case of concealment of the sentence from the Greek authorities by the judge of the Special Court of First Instance against Corruption and Organized Crime, Ms. Irena Gjoka, has been reported in the media for some time. According to this media report[1], Ms. Gjoka has been deported twice from Greece and has been convicted in the same Greek state by a criminal court for committing the criminal offense of falsifying documents.
Specifically, the following documents have been made public in the media:
a) Deportation order from the Greek police, dated 24.12.2002, for attempted entry into Greek territory with a forged visa. Official documents of the Ministry for Citizen Protection, Greek Police, dated 14 August 2025, Prot. No. 1623/25/1741610, confirm that a criminal case was opened against her for the criminal offense of forgery, based on Article 216 of the Greek Penal Code, and that her passport was seized.
b) Expulsion order no. 7/13-2-2003, by the Greek police, dated 13.02.2003. Ms. Gjoka Maneku challenged both expulsion orders at the Administrative Court of First Instance of Athens. Her request was dismissed by decision no. 320/2006, dated 03.06.2006.
c) Criminal decision of the Court of First Instance of Ioannina, Greece, no. 1447/2005, dated 7 July 2005, for the criminal offence of forgery, sentencing him to three months imprisonment and a fine of 1,500 euros (subsequently converted to a fine), and ordering the destruction of the seized passport containing the forged visa.
Despite these facts being made public by the media, it appears that Ms. Gjoka has not officially declared them to the relevant authorities, as required by law, as this would lead to the termination of her mandate as a judge, according to Article 6/1 of the Constitution, Law No. 95/2016 and Law No. 96/2016. In order to avoid the termination of her mandate as a judge, she did not declare these facts either in the official forms provided for by the Law on Decriminalization, No. 138/2015 or in the candidacy form as a judge in the Special Court according to Law No. 95/2016. Failure to declare the information required in these forms constitutes a separate criminal offense under the law.
On January 20, 2026, the Prosecutor General, in application of the competence recognized by Law No. 138/2015, declared that the documents published in the media are authentic and publicly announced that:
"Based on the request of the Career Development Commission of the High Judicial Council, on 08.05.2024, the Decriminalization Sector of the General Prosecutor's Office registered with no. 40 the process for the in-depth verification of the declarations made in the Self-Declaration Form dated 22.04.2016, for the subject Irena Gjoka (Shpata, Maneku), judge at the Special Court Against Corruption and Organized Crime. After carrying out all possible verifications inside and outside the country, on 19.01.2026, the General Prosecutor's Office decided to approve the verification results, a decision which on the same date was forwarded to the High Judicial Council as the body responsible for verifying the conditions of detention in implementation of Law no. 138/2015 "On guaranteeing the integrity of persons who are elected, appointed or exercise public functions”, and the Assembly Decision no. 17/2016 “On the determination of detailed rules on the implementation of the prohibitions provided for in Law no. 138/2015 “On guaranteeing the integrity of persons elected, appointed or exercising public functions”.
In this way, through this confirmation of the responsible authorities, it results that Judge Irena Gjoka is in conditions of incompatibility with the constitutional function of a judge, within the meaning of Article 6/1 of the Constitution, Law No. 95/2016 and Law No. 96/2016, and has falsified acts, committing another crime, repeatedly, due to the failure to declare the expulsion order and the court decision of the criminal sentence. This fact has created a state of illegality and unconstitutionality in the judicial system.
Article 6/1 of the Constitution provides that: “The election, appointment or exercise of a public function in one of the bodies provided for in this Constitution, or established by law, is prohibited, notwithstanding the provisions made in other provisions of this Constitution, if circumstances are verified that violate the integrity of the public functionary, according to the conditions and rules determined by law approved by three-fifths of all members of the Assembly.” Meanwhile, Article 136/a of the Constitution sanctions that: “1. Albanian citizens who are appointed by the High Judicial Council, after completing the Magistrates’ School and after completing the process of preliminary verification of their assets and character, according to the law, may be judges.” 2. Other criteria for the selection and appointment of judges are provided for by law.”
A final court conviction for committing a crime is provided for by the Constitution as a circumstance that automatically dictates the dismissal of a judge from office. Specifically, Article 140 of the Constitution provides that: “2. A judge shall be dismissed by the High Judicial Council when: b) he/she has been convicted by a final court judgment for committing a crime.”
Article 47 of Law No. 96/2026, provides that: “3. For all positions in special courts, the magistrate must also meet the other criteria and security conditions, provided for in the law “On the organization and functioning of institutions to combat corruption and organized crime”. In Article 6 of Law No. 95/2016, it is expressly provided that “1. The candidate for judge in the special courts against corruption and organized crime must meet the security conditions before being appointed or employed in one of these positions. No candidate may be appointed or employed without meeting these conditions. The security conditions before appointment or appointment are: a) background check. 3. The candidate completes the background check declaration, according to Annex A, of this law, and submits it to the institutions of the designation.”. In part 6, of the first Annex to the law, the question “Ç” is also included - Have you ever been detained, arrested, convicted of a legal violation within or outside the country? This question has a direct connection with the fulfillment of the constitutional and legal criteria for exercising the constitutional function of a judge of the Republic, also in the sense of articles 6/1, 136/a and 140 of the Constitution, as well as the legal criteria provided for in law no. 96/2016.
This law establishes as a criterion for exercising the duties of a judge that he/she has not been convicted by a final court decision and that the finding of such a fact after appointment results in the termination of the magistrate's status. Specifically, Article 64 of Law No. 96/2026 provides that "1. The magistrate's status ends in cases where: b) the conditions of ineligibility and incompatibility in the exercise of the function are proven". Meanwhile, Article 66 of the same law stipulates that: "1. The magistrate's status ends on the day when the competent authority determines by decision the causes of ineligibility as follows: a) when the magistrate does not meet the established criteria, according to Article 28 of this law. 4. The Council declares by decision the termination of the magistrate's status, no later than 2 weeks from the receipt of the notification of the cause of ineligibility or incompatibility.".
Neni 28 i ligjit nr. 96/2016, heq cdo dyshim që një gjyqtar i dënuar me vendim gjyqësor të formës së prerë të ushtrojë funksionin. Në mëyrë specifike kjo dispozitë përcakton si kriter për emërimin gjyqtar, sa më poshtë: d) nuk është dënuar me vendim penal të formës së prerë për kryerjen e një vepre penale, që, për shkak të natyrës së veprës së kryer, diskrediton pozitën dhe figurën e gjyqtarit ose prokurorit ose dëmton rëndë besimin e publikut në sistemin gjyqësor, pavarësisht nëse është rehabilituar sipas parashikimeve të Kodit Penal.”. I njëjti ligj, në nenin 162, pika 1, parashikonte se gjyqtarët e Gjykatës për Krime të Rënda, ku shërbente si gjyqtare znj. Irena Gjoka, do të vazhdonin të qëndronin në detyrë si pjesë e gjykatës së posacme, përveç rasteve kur ekzistonin shkaqe për përfundimin e statusit të magjistratit.
Gjithashtu, edhe ligji nr. 138/2015 dhe vendimi i Kuvendit nr. 17/2016, sanksionojnë qartësisht se: “Pasqyrimi i të dhënave të rreme në këtë Formular përbën vepër penale dhe dënohet me burgim sipas nenit 190 të Kodit Penal.Pasqyrimi i të dhënave të pavërteta, të paplota, dhe të pasakta në këtë Formular dhe refuzimi i depozitimit të gjurmëve daktiloskopike, passjell skualifikimin e menjëhershëm dhe në çdo kohë nga kandidimi/zgjedhja/emërimi apo ushtrimi i mëtejshëm i funksionit publik.”.
Bazuar në dispozitat kushtetutese dhe ligjore të sipërcituara, si dhe në konfirmimin e bërëzyrtarisht nga Prokurori i Përgjithshëm, mbi faktin se gjyqtarja e posacme znj. Irena Gjoka rezulton e dënuar me vendim gjyqësor të formës së prerë për kryerjen e një vepre penale, fakt të cilin ajo e ka mbajtur të fshehur dhe nuk e ka deklaruar në disa dokumente zyrtare, sic e kishte detyrim, e vendos atë jo vetëm përpara kryerjes së veprës penale të parshikuar në nenin 190 të Kodit Penal, por mbi të gjitha në pamundësinë kushtetutese dhe ligjore për të ushtruar funksionin kushtetutes të gjyqtarit të Republikës.
Përkatësisht, ajo ndodhet në kushtet kushtetuese dhe ligjore ku Këshill duhet të deklarojëme vendim mbarimin e statusit të magjistratit apo kur Inspektori i Lartë i Drejtësisë duhet të kërkojë shkarkimin nga detyra për “sjellje që diskretitojnë rëndë figurën e gjyqtarit”. Ky konstatim duhet të kishte ndodhur, jo më vonë se 2 javë nga marrja e njoftimit për shkakun e pazgjedhshmërisë/papajtueshmërisë, por deri më tani Këshilli i Lartë Gjyqësor dhe Inspektori i Lartë i Drejtësisë, nuk kanë vepruar, edhe pse Prokurori i Përgjithshëm prej muajsh publikisht dhe në seancat dëgjimore në Kuvendin e Shqipërisë ka informuar se fakti i dënimit ishte konfirmuar nga autoritetet përkatëse greke.
In this sense, on behalf of the opposition deputies in the Albanian Parliament, we express our deep concern for the inaction of the High Judicial Council and the High Inspector of Justice in a timely manner, which is bringing serious and irreparable consequences to the judicial system. The violation of the principle of the "court designated by law" is a sufficient constitutional reason to violate any decision-making of her as a judge in the Special Court of First Instance against Corruption and Organized Crime.
Among other things, this has serious consequences for the justice system itself, for the work of the Special Court itself, but it can also cause serious financial consequences for the Albanian state. This case also undermines public trust in the justice system and creates uncertainty about the decision-making of the judicial system, thereby undermining the integrity of the entire system. A judge of the Republic, who is convicted and who tries to hide it by not declaring this conviction, in our assessment also commits a behavior that discredits the position and figure of the magistrate and damages public trust in the judicial system.
For this reason, respecting the principle of the independence of the constitutional institutions of justice and avoiding any interference in your work, we, the opposition deputies in the Assembly, in accordance with the principle of separation and balance of powers, the principle of the rule of law, constitutional control over the implementation of the law, as well as our responsibility as deputies to protect the interest of the Albanian state, constitutionality and legality in the judicial system, request the High Judicial Council and the High Inspector of Justice to act in a timely manner, immediately, to implement the constitutional and legal obligation, to ascertain the termination of the magistrate status for the special judge Ms. Irena Gjoka. Furthermore, after the administrative termination of the Prosecutor General and the notification of the results to the High Judicial Council, the latter, according to Article 66 of Law no. 96/2026, must declare by decision the termination of the magistrate's status, no later than 2 weeks from the receipt of the notification due to ineligibility and incompatibility.
Regarding the above, any delay on your part causes serious consequences for the public interest, for the justice system itself, citizens' trust in independent justice institutions, and for the financial interests of the Albanian state.
