The former Albanian Prosecutor General, Ina Rama, was replaced one year
ago by Adriatic Llalla, but since then she has not been accepted in her
sector.
Rama’s career has five years as Prosecutor General and seven other years before that in the judiciary. She was not allowed by the High Council of Justice to return to her duty as Judge at the Court of Appeal at Tirana, after a marathon meeting that lasted more than two hours.
Only five members voted in favor, Nasip Naco, Sokol Como, Dritan Hallunaj,D ritan Caka and Xhezair Zaganjori. The President did not vote, keeping himself impartial in this issue that might spur plenty of debates.
The votes of the nine other members used the argument that when accepting her duty as Prosecutor General, Rama should have made a request at the HCJ for preserving her status as Judge. The other unofficial argument is that Rama must compete for the post at the Court of Appeal.
To forerun the law for “organization and functionality of the Prosecution General”, which says that the Prosecutor General has the right to be appointed as Prosecutor at the Prosecution General, after the five year mandate is over, or in a post that is equivalent to the one held before, the HCJ argues that Rama was part of the Court of Serious Crimes, and not of the Court of Appeal.
HCJ thinks that to get appointed in the latter, the former Prosecutor General must compete. But why did Rama make the request for being appointed at the Court of Appeal, and not at the Court of Serious Crimes?
It is because during her time as Prosecutor General, Ina Rama had signed every investigative action against dozens of defendants that have ended up or that will end up at courts.
This means that if the former Prosecutor General returns in the post of a criminal court, for three years, which is the average that takes for a trial in Albania, she will not be able to take any of these cases, because she has been involved in the investigations.
Shpresa Brecaj is another Judge that according to the law should return at the Court of Appeal. Her case has not been discussed so far at the HCJ.
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