Tartar Bazaj, deputy chairman of KLP: Balla had to resign because BKH had many complaints

By Basir Collaku

After the debate in the High Council of Prosecution on the decision of the KPA that removed the former chairman Alfred Balla, the deputy chairman Bazaj expresses what happened and positions on other issues in the Council, in the BKH and the government of justice. Mr. Bazaj KLP has made a decision to Mr. Balla's dismissal from the head of the Council, since earlier there was a decision of the KPA, one elected by the Assembly can be dismissed from another institution?!

Basis: The High Prosecution Council did not dismiss Mr. Balla as a member of the Council, but simply recognized the decision of the KPA and decided to declare the end of the mandate. This is supported in Annex G of the Constitution, Law no. 96 /2016, on the status of judges and prosecutors. Law No. 97/2016 on the organization and functioning of the Prosecutor's Office in the Republic of Albania, Law 115/2016 on governing bodies in the justice system, as well as the internal regulations of the KLP, which in article 14/2/c cites taxatively that: the mandate of the KLP member ends when he is dismissed in reference to the annex of the Constitution within 7 days when the Council declares the end of the mandate. This leaves no room for interpretation.

2

Should he have resigned?

Bazaj: If it were me, I would have left immediately and I would not have put my colleagues in difficult positions. .This forced me as Vice President to urgently convene the Council on the last day. On the contrary, I should have been subject to the SPAK for abuse of office. We could not legitimize a member dismissed by the KPA, equivalent to the Constitutional Court.

3

There are three members whose term ends from December 2023, among which you are also, as well as Mrs. Seiti, the replacement procedure should have started?

Bazaj: This procedure is in progress and the Assembly has its own mission in fulfilling its duty. We are waiting.

4

Although the decisions of the KPA are considered almost constitutional, your decision, of the KLP, of dismissal can be appealed in the Administrative Appeal?

Basic: Anyone is free to appeal to any court of their country, such as administrative, constitutional, etc. up to Strasbourg. For me, the KPA decision leaves no room for interpretation. Just run.

5

If the KPA has the legitimacy for dismissal decisions in the KLP and KLGj, then can it also remove the head of the KLGJ with an expired mandate?

Basically, I cannot give any explanation with the KLJ because it is a separate constitutional institution and I am not legitimized.

6

Should vetting have been done for Ima Ramës, Sokol Çomos Natasha Mulës, Florian Ballhyses, Firdes Shulit and Alma Haskos who came from the judiciary?

Bazaj: For the members of the KPA, the Assembly is the one that elected them, and I have no right to interpret its decision-making. It is the legislative body.

7

KLP, as the "government" of prosecutors, has it found nepotism in BKH appointments?

Bazaj: I know that there were many complaints about the appointments in the BKH, but I was not the head of the KLP, but another person. If I were myself, I would evaluate it on a case-by-case basis.

8

You stated, among other things, at the KLP meeting that you are the owner of two law firms, is there any incompatibility with the Constitution according to Article 149?

Bazaj: I made this statement before the People's Advocate when I ran for KLP member, before the Assembly when I ran for People's Advocate in the sense that I have the ability to master any task due to my professional experience in court in the years 1995- 2000 and lawyer in 2000-2018. I even said that I founded and ran two law firms, the first and only one in the south of Albania and the second one in Tirana. As soon as I was elected here as a member of the KLP, I suspended the license and left the studios for rent. Everything is verifiable by anyone.