KPA is familiar with the submissions in the vetting of prosecutor Robert Kote

The Special Appeals Chamber, KPA, was acquainted on Tuesday, June 10, with the submissions in the vetting case of Tirana prosecutor, Robert Kote. Prosecutor Robert Kote was confirmed in office on December 19, 2022, after the majority of the Independent Qualification Commission, KPK, concluded that he had reached a credible level in the asset and image criteria, as well as a qualifying level for professionalism. While the minority considered that, in the overall assessment of the case, the subject had undermined public trust in justice and should have been dismissed.

The representative of the International Monitoring Operation, Gerrit Sprenger, also expressed an opinion on this issue, stating the need for further investigation of the findings in order to reach the appropriate conclusion.

The KPK decision was appealed by Public Commissioner Florian Ballhysa, who raised grounds of appeal on all three reassessment criteria, challenging the KPK's conclusions as unfounded in the acts of the administrative investigation.

Prosecutor Klodian Braho, authorized by the head of SPAK, Altin Dumani, who has assumed the powers of the Public Commissioner, stated on Tuesday that they stood by all the grounds of appeal and the submissions filed by them.

According to Braho, the subject has failed to challenge the burden of proof for the financial impossibility of purchasing an Audi vehicle in 2015, for a value of 1 million lekë. He also said that Kote has committed fictitious acts regarding the determination of the selling price of a Rover vehicle, a value that was declared as the source of creation for the purchase of the Audi. Kote has declared savings as sources for the purchase of the vehicle in 2015.

The KPK has found that the Rover vehicle was sold several times more expensive than it was purchased, despite the fact that it was used for three years and has not considered in the analysis the amount of 4000 euros gained from this transaction. Consequently, the preliminary investigation has found a negative balance in the amount of 783 thousand lek. After the subject's objections, the negative balance has been reduced to the amount of 521 thousand lek, which is considered by the majority of the KPK to be insufficient to penalize the subject.

Braho further found that the subject did not declare the expenses for the daughter's education in Austria. Braho noted that the failure to declare these expenses and the contradictory explanations provided by the subject lead to the inability to check the legality of the financial sources.

Braho subsequently found that the subject had made incorrect declarations regarding the amount paid for the purchase of a vehicle in 2016, as well as financial incapacity.

The administrative investigation revealed that Kote did not declare a preliminary contract for the purchase of a service facility signed with a construction company in February 2017, but declared receiving a loan in the amount of 30 thousand euros.

The contract for the purchase of this service unit was revoked after about three months. Kote explained during the administrative investigation that he was unable to repay the remaining part of the price that was not covered by the loan.

Braho stated that in this case, too, it appears that the subject has committed fictitious acts and requested that the findings be considered in the overall assessment.

Prosecutor Robert Kote presented brief submissions to the College. He stated that he has “zero” real estate assets and that he purchased the apartment he owns with a 28-year loan. He brought to the attention of the College that he has been working as a prosecutor for many years and as a result has had the opportunity to purchase a vehicle.

Regarding the findings about the sale of a car several times more expensive than the purchase price, Kote said that the buyer has also confirmed the same value. According to Kote, it is simply about the purchase and sale of a car. Regarding the Audi vehicle, he said that he has returned it again and that he only has one car.

Regarding the reasons raised for the girl's education expenses, Kote stated that there was no such thing. According to him, the girl has not completed studies and that she was determined to have 2000 euros per month in expenses after she made a declaration to the Austrian Embassy for the girl to receive a student visa. "They are expelling me without the girl going to school," the subject stated, among other things.

Regarding the loan, he explained that he had purchased a store that he had later returned. The subject stated that because the purpose of taking out the loan had changed, the bank had penalized him by increasing the interest.

Image and professionalism

The Commission has verified a case investigated by the subject in 2016, for the criminal offense of “unauthorized possession of combat ammunition”, with the aim of transporting or selling them. From the preliminary investigation, it was found that it seems that prosecutor Kote did not make a correct qualification of the criminal offense, which has resulted in the termination of the criminal proceedings and the termination of the security measure, the return of the vehicle and the transfer in favor of the state of the seized combat ammunition, also due to the amnesty law.

Braho requested that these circumstances be assessed from a professional perspective, being considered in the overall assessment in terms of public trust in justice.

Braho also presented the findings on a criminal case investigated by the subject in 2017, bringing to the attention of the College that Prosecutor Kote changed the qualification of the criminal offense during the trial in the previous session, even though there were no new acts or evidence. In this case too, Braho requested that the findings be considered in the overall assessment, regarding the violation of public trust in justice.

In conclusion, prosecutor Klodian Braho stated that in the current state of the acts, it should be concluded with the change of the KPK's decision and the dismissal of prosecutor Kote from duty.

The subject also contested the grounds for the complaint regarding the image and professionalism. Regarding the issue addressed in terms of image, he stated that it was a subject of the Roma community, who had sold two boxes of cartridges for 20 thousand lekë. Kote brought to attention that he had requested “arrest in prison”, while the court had left him “obligated to appear”.

Kote underlined that from a professional perspective, a case registered for the criminal offenses of “intentional murder left in the attempt”, committed in collaboration, “unauthorized possession of weapons” and “supporting the perpetrator of the crime” is being handled. The subject explained that, before the case was sent for trial, they had discussed the charges at the prosecutor's office and had concluded to request a trial only for the criminal offense of “intentional murder left in the attempt”, committed in collaboration.

He emphasized that this case has already been tried and has become final, with the defendant found guilty. Kote claimed that this is a case that has already been tried and that there is no room for a trial.

"Where is the violation of public trust?" said Kote, responding to the request of the head of SPAK to consider the findings in the comprehensive assessment regarding the violation of public trust in justice.

Prosecutor Braho stated that he was not aware of the final decision regarding the matter treated in a professional aspect. For this reason, the College decided to postpone the session to June 18, at 10:00, to give the subject time to make available the acts that confirm the final form of this decision. The parties were also asked to prepare their final conclusions. Reporter.al