Prosecutor Neritan Hoxha is dismissed for insufficient declaration of assets

The prosecutor of Elbasan, Neritan Hoxha, was dismissed from office on July 18, after the Independent Qualification Commission, KPK, concluded that he had made an insufficient declaration about the wealth, and in the overall assessment together with the findings in the professional aspect, it was judged that the subject has undermined public trust in justice.

The vetting process for prosecutor Hoxha was carried out by the KPK body headed by Suela Zhegu, with rapporteur Genta Tafa Bungo and member Roland Ilia.

Neritan Hoxha started his career in the justice system as a prosecutor in 2004 at the Prosecutor's Office of Elbasan, where he served for 20 years, until his dismissal.

Property problems

The subject was found to be insolvent in the amount of 1.4 million lek for the purchase of an apartment in the headquarters of Tirana in 1998, but since this property was created before the beginning of the task, the Commission has estimated that the negative balance cannot constitute an autonomous cause for the dismissal from task. KPK has estimated that the conclusion reached for this asset should be considered in the overall evaluation.

The KPK has similarly evaluated a vehicle of the "Mercedes-Benz" type, where the financial impossibility in the amount of ALL 115 thousand was not found excusable, but it is important that the findings for this asset be considered in the overall evaluation.

In the following, the Commission finds that prosecutor Hoxha made a false statement in the vetting statement regarding the price of an area of ​​agricultural land in the village of Gjinar in Elbasan, purchased jointly with other persons in 2013. According to the KPK, apart from the negative balance for the creation of this property, the subject has made a false declaration regarding the price and time of its purchase, as well as has hidden a part of it, not declaring an area of ​​dependent land.

The administrative investigation showed that in 2008, prosecutor Hoxha received a loan in the amount of 20,000 euros, blocking as a financial guarantee a deposit of the parents in the amount of 22,000 euros. KPK ascertains that the subject's father opened the deposit in 2007, depositing the amount of 22 thousand and 530 euros in cash. From the financial analysis, the inability of the subject's parents to create this property has resulted.

Based on the negative balance, the time of the creation of the deposit that coincides with the moment of signing an enterprise contract by the subject, the purpose of its use to be placed as a guarantee for the loan received by the prosecutor Hoxhavet a month later, KPK finds efforts his to include the income of any of his relatives for the creation of legal sources of assets that are used only for his interests. However, in the end, the Commission has estimated that the findings for the deposit should be considered in the overall assessment.

Meanwhile, the financial inability of his co-habitant and the persons related to him to purchase an apartment in Elbasan has been established.

In the following, the KPK focused on the registered assets owned by his parents. "...Registered, at least formally", says KPK.

Based on the fact that the parents were financially unable to create these assets; their use by the subject himself; the latter's contradictory explanations, which are evaluated as attempts to achieve a positive result in the revaluation of assets, the Commission estimates that prosecutor Hoxha tried to hide or present these assets incorrectly, by declaring incorrect data or not stated at all. "...In order that the process of control and verification of assets, based on these data, produces a result in favor of the subject of the revaluation", finds the KPK and adds that it has created the conviction that they are assets owned or hidden possession of the subject.

In conclusion, the Commission concludes that the prosecutor Neritan Hoxha made an incorrect declaration of assets and their legal resources in the vetting statement and that there is a lack of legal financial resources for their creation. Also, it is concluded that he has made a false declaration and that he has tried to conceal or misrepresent assets owned, possessed or used by him.

These findings have convinced the members of the KPK that Hoxha has made insufficient declarations for the wealth criterion, which constitute grounds for his dismissal from office.

The KPK has not passed the burden of proof to the subject in the criterion of the ugliness of the picture. Regarding professionalism, it is established that Hoxha did not perform all investigative actions in some proceedings, which shows a lack of professional skills. The Commission, in relation to the investigation of the proceedings for the criminal offense "Violation of the rules of protection at work", in some cases has misinterpreted the law and also the decisions taken by it have not been fully justified. "...The investigation of the cases related to the loss of life or serious injury to the employee is not complete, as there are no serious efforts by the prosecutor to find out what happened" , notes the KPK and adds that, it is established that the subject hasty conclusions have been reached in some cases in the absence of technical expertise acts.

According to the Commission, these circumstances show the prosecutor's lack of ability in terms of legal knowledge and legal reasoning. The Commission considers that such disregard and negligence towards the loss of human lives does not correspond to the role of the prosecutor.

For these reasons, it is estimated that the subject of the revaluation constitutes a work model so weak that it endangers or violates the rights of citizens. Although the violations found in the criterion of professional skills were not found sufficient for penalization, they were considered in the overall evaluation of the procedures.

"Assessing the wealth and professional criteria for the subject of the revaluation..., several circumstances result, which, analyzed together and seen in harmony with each other, indicate a behavior of the subject of the revaluation in relation to the task , which would be unacceptable to have public trust in the justice system and the role of the subject, as a worthy functionary of this system", reasons the KPK and lists the arguments for this conclusion.

According to the Commission, the subject gave contradictory statements regarding the time of acquaintance with his co-habitant, stating that they consolidated the relationship in 2009, while it turns out that they traveled together since December 2007. During the investigation, Hoxha filed the notarial declarations that are deemed not to match his own declarations, nor with the documentation administered by the Commission.

Also, in the overall evaluation, contradictory statements regarding the income and assets of the parents are evident; as well as the lack of legal resources, for which it is estimated that they cannot be a reason for the dismissal.

The registered assets owned by the parents, for which it was found that the subject tried to hide them or present them incorrectly, declaring incorrect data or not declaring them at all, became part of the comprehensive assessment. them - in order for the asset verification process, based on these data, to produce a result in his favor.

The findings on professionalization, although not exculpatory, were deemed not to be remedied through the one-year Master's program. Consequently, these problems are also included in the overall assessment. All these circumstances are deemed to be sufficient to conclude that prosecutor Neritan Hoxha has violated public trust in the justice system./ BIRN