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Demoted prosecutor challenges GP in court after wave of transfers

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January 9, 2018
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TIRANA, Jan. 9 – Arta Marku, Albania’s newly appointed temporary chief prosecutor who came to power amid debate in the end of December, has been sued in the administrative court by Rovena Gashi – one of the directors who were lowered in rank by Marku’s new post functions.

Gashi led the decriminalization unit and the foreign affairs office in Tirana’s General Prosecution before being renamed a prosecutor by Marku.

Similarly, Dritan Gina – Gashi’s husband and head of Elbasan’s General Prosecution office – was also made a prosecutor, along with the chiefs of Fier’s and Kukà«s’ prosecutions, part of a nationwide trend of transfers.

Gashi has sued Marku on the grounds her decision was unfair and that it usurps the functions of the prosecution’s high council, which is the only body with the right to name or sack prosecutors.

The prosecution’s statement is that all decisions were made in the context of reorganizing and enhancing the functionality of the accusing body, as well as increasing its performance and the public’s trust towards the institution.

Gashi’s last move as head of the decriminalization unit was signing the request sent to the Central Elections Commission (CEC) for ousting lawmakers Aqif Rakipi and Gledion Rehovica because they did not declare they had a criminal record from a few years back in Italy, as required by the country’s decriminalization law.

Marku named four temporary directors to fill the spots in each district. Gashi’s function was assigned to Arqile Koà§a, who run for the post of temporary chief prosecutor alongside Marku in December.

Gashi’s reaction to Marku’s decision has received attention because of the controversy that followed Marku’s appointment by Prime Minister Edi Rama in December. Marku was selected with 69 out of 140 votes in parliament, which the opposition says is unconstitutional.

Upon declaring Marku temporary chief prosecutor, the parliamentary program was postponed as the opposition lawmakers released smoke grenades inside the building and protesters clashed with police outside.

The opposition claims that Rama’s one-sided decision to appoint a temporary chief prosecutor without first establishing the High Prosecution Council, which according to the justice reform is to appoint the next Prosecutor General, is an attempt to hide his government’s alleged ties with criminal activities.

 

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