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The Supreme Court of Kosovo 'punishes' two judges with disciplinary measures

Politiko 2025-04-02 19:38:01

The Supreme Court of Kosovo 'punishes' two judges with disciplinary

The High Judicial Council, KLGJ, on Wednesday, April 2, imposed disciplinary measures against Shkodra judge Arta Llazari and Kukës judge Ajshe Xhafa.

The High Inspector of Justice, ILD, initiated a disciplinary investigation against Judge Llazari based on 11 complaints for failure to properly perform her duties, and violation of civil and criminal procedural deadlines. According to ILD, during the administrative investigation, other facts were also identified, specifically violation of civil and criminal procedural deadlines for the reasoning of the judicial decision, as well as failure to initiate civil cases, exceeding the deadlines beyond any logic and continuously. According to ILD, this situation is almost equivalent to a lack of justice and ultimately demanded the dismissal of Judge Arta Llazari from office.

Judge Lazari claimed that she had a high workload. She also stated in previous hearings that she had presented new evidence, insisting that it supported her claims.

The ILD's request was partially accepted by the High Judicial Council, which decided on Wednesday to reject the request for the dismissal of Judge Arta Llazari, imposing the disciplinary measure of suspension from office for six months.

Judge Arta Llazari was confirmed in office by the Independent Qualification Commission on 13 February 2023, while two cases judged by her were sent for further verification to the High Inspector of Justice. Llazari completed her studies at the Magistrates' School in 2001 and has been practicing for more than two decades at the Shkodra Judicial District Court. She has also worked as a legal advisor at the Constitutional Court.

The disciplinary investigation against the judge of Kukës, Ajshe Xhafa, was initiated by the ILD, based on information reflected in the minutes of a general meeting of judges in September 2024, when debates were held on several work processes in the court.

The representatives of the ILD submitted in the previous hearings that the analysis of the facts resulted in the fact that Judge Xhafa, in her capacity as a member of the panel during a public hearing, violated the rules of conduct with her colleagues. The ILD considers that Xhafa’s behavior, which continued throughout the hearing, has undermined the trust of the parties present at the hearing in justice, that it has discredited the position and figure of the magistrate, and has damaged the integrity and reputation of the court. In conclusion, the ILD concluded that the behavior and actions of Judge Xhafa are assessed as a minor disciplinary violation and requested that she be given a “Public Reprimand”.

When Judge Xhafa presented her submissions in previous sessions at the KLGJ, she highlighted, among other things, her lack of experience, as she is new to the position. Asked by the members of the Council regarding the circumstances of the debate with her colleagues, whether or not she had requested to withdraw to the consultation room, Xhafa stated that she had been a member and that she was the head of the body responsible for implementing the procedure. Xhafa stated that she had requested time to familiarize herself with the file and to schedule another session, assessing that she would review the legislation and the legal facts of the case.

The Supreme Court found the ILD's request justified and decided unanimously on Wednesday to impose the disciplinary measure "Public warning" on Judge Xhafa. Reporter.al

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