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The KLP meeting is postponed due to the "fate" of its leader. Alfred Balla, letter to members: I want to be heard!

2024-05-27 13:06:01Aktualitet SHKRUAR NGA REDAKSIA VOX
The KLP meeting is postponed due to the "fate" of its leader. Alfred
Alfred Balla

The meeting of the High Council of Prosecution is postponed, where it will be determined whether or not Alfred Balla can remain in the function of the chairman of the KLP, after the decision given by the KPA that decided to remove him from the system for 15 years, based on the process of vetting.

The committee with 3 members will report and inform the council when they will reconvene.

Balla was not present at the meeting. 

The High Council of Prosecution is divided into two camps as regards the end of the mandate of the chairman Alfred Balla, who by decision of the KPA was excluded from the justice system for 15 years. 

It is learned that Balla communicated with his KLP colleagues with two emails. In one, he requests that my constitutional right to be heard and protected be postponed and respected, a right that forces the Council as a constitutional body to analyze and evaluate all my legal claims, whether by taking the opinion of the Assembly, or constitutional law experts, in the other he requests the exclusion of Tartari for leading today's meeting

The complete letter of Alfred Balla

This meeting is taking place at the request of three members, to discuss the declaration or not of the end of my mandate, due to the decision given by 3 of the 5 members of the KPA, a few days ago.

Being a special case not foreseen by the Constitution and organic law and a decision that directly affects my interests, I must be heard in advance by this Council.

It would not be serious and professional to use an inconclusive decision of the reassessment bodies, with its completion for the implementation of Article "G" of the Annex to the Constitution, without analyzing the entire reasoned decision (unfortunately it has not yet been revealed /summary reasoning is made available) and in uniformity with all constitutional provisions and other organic laws and relevant factual circumstances.

In addition to the legal moments that I have sent you by email, where I analyze that I am not in conditions of incompatibility and ineligibility according to the provisions of the Constitution and the law, I also want to draw your attention to the fact that there are some very important legal moments that should be taken into account The Council, both in respect of the height of the institution and my constitutional rights.

The Council should bear in mind that I am a member of the KLP elected by the Assembly from the representatives of the Albanian civil society whose 5-year legal mandate has ended on 18.12.2023 and that I am currently in office.

My mandate as a member of the KLP, as well as that of two other non-magistrate members (Mr. Bazaj and Ms. Seiti) elected by the Assembly of Albania, has ended with the completion of the 5-year term provided by the Constitution. For this mandate, we also have a decision-making by the Council where we have determined when the mandate of the Council ends (KLP decision No. 213, dated 13.10.2020 "On the calculation of the mandate of the member of the Council" which was taken at the request of the Assembly and expresses our mandate).

For this purpose, with decision No. 2 dated 19.07.2023 of the General Secretary of the Assembly, the procedure for the election of new members has also begun. Precisely referring to the following acts of the Assembly and the Constitution of the law, we are considered as members whose mandate has ended and we are members in office until the appointment of the successor.

Precisely, in relation to the submitted request and the decision of the KPA, it should be analyzed by you and discussed by you

Furthermore, from the interpretation of Article 149/b of the Constitution (its last two paragraphs), it is not clear that, in relation to the continuation of the tenure, this Council, or the body of my denomination, which is the Assembly, must now be expressed of Albania, or the Constitutional Court?

In the case of magistrates, the law on status determines in Article 66, when are the causes of ineligibility and incompatibility and which body ascertains them and which body decides on the fate of the magistrate. In the case of KLP members, this is not clarified, but by analogy, the naming body should do it and not the Council.

The decision of 3 out of 5 members of the KPA, even though it is stated that it is final and immediate, is not a final and moreover immediate decision as provided for in article "F" point 5 of the annex of the Constitution, which states black on white that (The final decision ordering the removal from office takes effect immediately. )

I remind you that the previous decisions of the KPA that brought the end of the mandate of the magistrate members, were decisions for their dismissal from office, with immediate effect expressly provided for in the Constitution and in Law No. 84/2016. Their being a prosecutor was directly related to being a member of the Council, so it is a reason for election.

The member of the KLP, whose mandate has ended, cannot remain in office after the end of the term, if the conditions of ineligibility and incompatibility in the exercise of the function are proved. So, when it is proven that, there were conditions preventing him from being elected as a member of the KLP, and they were proven afterwards.

Precisely, this new provision made in the Constitution in 2016 was intended to provide solutions to those hypothetical situations that may occur in practice when a person is elected as a member of the Council, but later (after a few months or years , in any case before the end of the mandate) it turns out that he should not have been elected, since he did not really meet the conditions to be elected.

The need for the implementation of this provision may arise, e.g. in those cases when the decision of the Assembly to appoint a member was made based on untrue facts, which could not be verified at the time of appointment (e.g. the candidate lied about the number of years of work or about the lack of commitment in politics, etc., and the naming body has failed to understand the truth) or when e.g. there have been serious procedural violations in the activity of denominational institutions, etc... [1]

The majority vote decision of the KPA that is being processed, was taken considering that it could not investigate the activity of the non-magistrate member of the KLP, due to the lack of jurisdiction, but what is important, it did not prove no fact that would be a reason for ineligibility from those of Article 149 of the Constitution and Article 52 of Law No. 115/2016.

The election of the functionaries of the constitutional bodies is a constitutional matter, which the Constitution itself has oriented in strictly defined procedures. These procedures are defined not only in terms of the body that examines in the first instance the issues of electability...

... The Constitutional Court controls the election of constitutional officials according to Article 131, point 1, letter "e", of the Constitution, but this control is carried out according to the procedures defined by the Constitution and the law, being set in motion by the entities provided for submitting the request to Constitutional Court for this type of procedure...,[2]

On the other hand, the Constitution has provided when the function of a member of the KLP is incompatible: Article 149/ç (Added by law no. 76/2016, dated 22.7.2016) which says:

"Being Attorney General, prosecutor or member of the High Council of Prosecution does not agree with any other state or political activity, as well as with professional activity that is exercised against payment, with the exception of teaching, academic or scientific activity."

Among other things, the decision prohibits me from being re-elected as a member of the KLP, but currently the Constitution itself prohibits this, for re-election (when it says without the right to consecutive re-election).

This decision, for the implementation of Article "G" of the Constitution, as a supplementary provision of a non-final decision of the review bodies, has an effect for future procedures, always if it is considered as taken during a regular process and a fair trial also by the final decision that the ECHR will give in Strasbourg.  

Dear Sirs, even though at first sight it seems like a simple position that the Council should take, it is still an administrative process, where my constitutional right to be heard and protected must be respected, this right obliges the Council as constitutional body to analyze and evaluate all my legal claims, whether by taking the opinion of the Assembly or constitutional law experts.

Dear Ladies and Gentlemen, Colleagues:

Throughout my 34-year career, I have always thought not to compromise with professional dignity and personal freedom.

It didn't occur to me that 1 administrative decision dismissing a leader of a justice body that we left behind would penalize me twice, once for dismissal and the second time as a pretext for dismissal.

For 5.5 years since the first day of the creation of this new institution, I believe that I have appreciated the trust of the Assembly of the Republic of Albania that elected me to the maximum with my work, and I have also represented the dignity of Civil Society in the best way.

Freedom Tribune has been the level of the KLP throughout the years that I have led, with the aim of increasing the public's trust in justice. As a representative of the civil society and consequently of the free media, I fought for the Council to be as transparent as possible, as an institutional part of its constitutional guarantee. And I have sworn to guarantee this standard of transparency until the last hour.

I felt good that throughout these years I have voted as a member and initiated as chairman, every statement in defense of the prosecutors of the Republic from any illegal and criminal pressure in fulfilling their sacred duty.

Our first and most important task that we all fulfilled was the creation of the Special Prosecutor's Office with maximum commitment to choose the best in the country, and time shows that they are strongly fighting crime by being the best.

As chairman of the Evaluation Commission, as vice chairman of the Council but also as Chairman of the KLP, I have been personally and institutionally sufficiently cooperative with the transitional re-evaluation bodies in the country but also with international partners.

Every time I have left a workplace or exercise of duty, I thought that on the day of leaving, I would only have the moral courage to look my colleagues and the entire team in the eye, and I have achieved this. Even with my work in the Council, I believe and look straight in the eyes of you and all the prosecutors of the Republic with the only thought that if I have managed to help you a little in these difficult years for them.

I do not exclude the possibility that part of the fun towards me comes as a reaction to the public defense in the media and everywhere, which I have done to the prosecutors and especially to the 5 former members of the KLP dismissed by the KPA, where for two of them so far there are positive decisions from the Strasbourg Court.

I belong to the generation of students of the ideals of December that has gone through all the stages of Albania in these 50 years, trying to give my contribution to this country without leaving it.

I would ask you to respect my constitutional rights to be heard not only formally, but also to analyze and evaluate all the legal problems that have arisen due to the confusion of the decision of 3 of the 5 members of the KPA, since you are not in front of a decision to dismiss a magistrate and consequently declare his mandate due to the law, as in the cases previously dealt with by this Council (Sevdari, Cani, Dollapaj, etc.)

Just as I defended my fellow prosecutors (former members of the KLP) with the belief that their rights would be restored by Strasbourg, I continue to believe in my just cause and I am convinced that I will triumph!

I do not seek protection or support from my colleagues outside the law, because in my life the only support I have had is the truth and not losing my dignity.

With respect, Alfred Balla                                                         

Tirana on 27.05.2021


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