Final exit from the justice system. This is the end of the career of the Tirana prosecutor, Besim Hajdarmataj. The KPA today decided to accept the request of the internationals and the Public Commissioner, thus overturning the decision of the Independent Qualification Commission.
Inactivity in investigating sensitive issues such as drugs, unpunished judicial conduct, unjustified assets, professional deficiencies, breach of public trust in the justice system. These were some of the reasons argued by the trial panel.
With regard to property wealth the College ruled that there was a lack of legitimate financial resources. The Panel found that the monetary majority as a cash balance exceeds the 1.5 million limit to be held as such.
Minimally significant shortcomings of the knowledge of the law for clarification of events and bringing to justice the accused. The shortcomings are serious.
The Panel considers that the subject has serious defects in terms of qualities in accordance with the status of a judge in the Republic of Albania.
The Panel found that in a criminal proceeding Hajdarmataj decided to declare incompetence by avoiding the disciplinary assessment of the prosecutor of the case. Violations have been found here as well.
Today’s trial panel was chaired by Rezarta Schuetz, with rapporteur Ardian Hajdari and members Albana Shtyllën, Ina Rama and Sokol Çomon.
At the hearing held on July 16 at the Special Appellate Panel, when the conclusions were unveiled, Hajdarmataj was accused of seriously undermining the public trust in the justice system. Regarding the property, the prosecutor Hajdarmataj was accused of making an incorrect and insufficient declaration for the property criterion and does not justify it.
While for integrity and professional training, the Public Commissioner stressed that in five verified cases, where in some cases Hajdarmataj has been in the role of prosecutor and in other cases has been assessed as a leader, presented professional shortcomings. According to him, all these violations make it impossible to confirm Hajdarmataj in office. The Commissioner’s findings were also supported by the international observer Theo Jacobs during the July 8 session, who considered it shameful that the former Serious Crimes Prosecution Office did not conduct investigations into tons of drugs, when it was headed by Besim Hajdarmataj.
Besim Hajdarmataj has successfully passed the first stage of vetting, without any dispute, in all three pillars of investigation, wealth, professional skills and purity of figure. However, despite the results in the KPC, it was the International Monitoring Operation, which recommended the complaint to the Institution of the Public Commissioner. Within the legal deadline, KPI appealed the decision to the Special Appellate Panel, concluding that Hajramataj’s confirmation is vulnerable and contains sufficient grounds for review on appeal.
Besim Hajdarmataj was confirmed in office on October 16 by a body led by Brunilda Bekteshi, with rapporteur Suela Zhegu and member Roland Ilia, and referred for disciplinary proceedings for a closed investigation in 2010. On the recommendation of the International Monitoring Operation, IOM, the decision was appealed to the College. Besim Hajdarmataj started his career in the justice system in 1999 and for 20 years, he has held leading positions in the Tropoja and Kurbin Prosecutor’s Offices.
