Judge Alban Toro will be investigated by SPAK for forgery of documents. This is the decision left by the Court of Appeals.
Criminal proceedings against Alban Toros have been requested for the accusation of forgery of documents.
It is suspected that Alban Toro, a member of the HJC, forged documents when he was elected a member of the High Judicial Council.
Toro was sued in the SPAK by the Bar Association, but the Special Prosecution decided not to initiate criminal proceedings. Meanwhile, the SPAK decision was overturned by the Special Court and Judge Ilirjana Olldashi ordered the initiation of criminal proceedings.
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Alban Toro is one of the 11 members of the HJC, who comes from the ranks of advocacy.
As such he had to carry on his shoulder at least 10 years of uninterrupted experience as a lawyer. Criterion, which Alban Toro does not meet.
Pursuant to Article 19, letter “d”, of Law No. 115/2016, members of the HJC coming from advocacy must have 15 years of work experience in the profession as a lawyer, of which at least the last 10 years have practiced the profession of lawyer without interruption.
The law does not specify the evaluation criteria of prominent lawyers, but what can be easily verified is the fact that during the period 2010-2018, Alban Toro has suspended 3 times his activity as a lawyer. These are data registered in the national business center. Specifically, it turns out that Toro was registered with the BCC to practice law as a lawyer on November 16, 2007.
Referring to the data of the National Business Center, it results that Alban Toro from March 2, 2010 to September 20, 2011 has suspended his activity as a lawyer for about 1 year and a half. Subsequently, he practiced the profession from September 20, 2011 until February 27, 2018.
But the activity has resumed within 2 months, to be suspended again on December 21, 2018, when he took office as a member of the HJC for a 5-year term, valid until December 2023. In the biography published on the official website of the HJC, no details are provided on the exercise of the activity as a lawyer. The site provides lukewarm data, mentioning only the fact that Alban Toro has worked as a lawyer for about 20 years, as well as a lawyer in the Deposit Insurance Directorate.
Based on these official facts found in the NBC, Alban Toro should have been disqualified from the race for a member of the HJC, as the data confirm the fact that his experience as a lawyer has been interrupted several times in the last 10 years.
