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The Administrative Appeal returns for reconsideration to the KLP the request for a measure against prosecutor Anjeza Kalanxhi

The Administrative Appeal returns for reconsideration to the KLP the request for

The Administrative Court of Appeal decided on March 24 to annul a decision of the KLP rejecting the request of the ILD to impose a disciplinary measure on prosecutor Anjeza Kalanxhi. ILD claims that Kalanxhi signed an appeal regarding a decision of the Court of Appeal of General Jurisdiction on a case she was investigating, but she signed it in her capacity as the head of the section. Also, as another violation, it is alleged that the appeal, which was addressed to several justice institutions and a foreign embassy in Tirana, was accompanied by over 20 acts of the investigative file.

After also recognizing the objections of prosecutor Kalanxhi, the KLP rejected on October 2 last year the request of the ILD to impose a disciplinary measure against the magistrate. The ILD opposed the KLP's decision, a lawsuit that was found right by the Administrative Court of Appeal, which annulled the decision-making and assigned duties to the council.

According to the Court, the KLP must conduct a complete and direct analysis of the concrete circumstances found, assessing the functional responsibility of the magistrate; avoid shifting the analysis to other elements that are not directly related to the subject matter; interpret the legal provisions; develop a complete and clear reasoning; and assess in an argumentative manner the relationship between the circumstances and the disciplinary consequence.

During the session held on Monday, June 1, the ILD upheld the claims and requested the acceptance of the request to initiate disciplinary proceedings against Prosecutor Kalanxhi and to impose the measure "Public warning".

Prosecutor Anjeza Kalanxhi stated that everything happened as a result of a statement by a person with high social risk during a hearing to determine a security measure against him, that a previous security measure that had been determined for him would be changed by the Court of Appeal of General Jurisdiction the next day, releasing him from prison. Regarding the sending of the complaint to the foreign embassy, ​​Kalanxhi argued during the hearings at the KLP that she appreciated sharing it there as well, since this representation has always stood by them and supported the justice institutions in Albania.

Kalanxhi objected to the disclosure of investigative secrets, and pointed out that there was no court decision prohibiting the publication of the acts related to the imposition of the security measure. According to her, the acts were previously disclosed to the parties.

Even during the hearing on Monday, she stood by her arguments, and called the reasoning of the Administrative Court of Appeal unfair. She stated that she had raised concerns with the relevant institutions regarding the release of an individual with high social risk. She also reiterated her position that she had sent a copy of the complaint to the embassy, ​​as this diplomatic representation has been part of many processes related to the justice system.

Regarding the claim about the placement of the seal, Kalanxhi argued that it can be used by any prosecutor, as it does not belong to the head.

In conclusion, Kalanxhi said that none of the alleged violations by the ILD were justified and requested the dismissal of the request for a disciplinary investigation and the imposition of a measure against it. The KLP will announce its decision on July 7. Reporter.al

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