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Strasbourg overturns vetting decision: Violation of the Convention in the dismissal of prosecutor Gentian Osmani

Politiko 2026-06-23 11:37:59

Strasbourg overturns vetting decision: Violation of the Convention in the

The European Court of Human Rights (ECHR) has ruled against the Albanian state, finding a violation of Article 8 of the European Convention on Human Rights in the case of the dismissal of prosecutor Gentian Osmani.

Osmani was removed from office in 2019 by the Special Appeals Panel, following an appeal by the Public Commissioner, although he had previously been confirmed in office by the Independent Qualification Commission. He had served as a prosecutor in the former Serious Crimes Prosecution Office and was also part of the race for the High Prosecutorial Council.

According to vetting institutions, he was found to lack legitimate financial resources for several years, specifically for the years 2011 and 2013, raising suspicions of discrepancies between the income and expenses declared by the family.

However, the Strasbourg Court found that his dismissal was disproportionate, noting that the issues raised were mainly related to formal declarations and not to sufficient evidence of illicit wealth or concealment of assets. The Court also noted the fact that his wife, who was subject to a similar assessment, was confirmed in office, which it said raised doubts about the sustainability of the decisions of the Albanian authorities.

In its ruling, the ECtHR found that the prosecutor’s dismissal had had significant consequences for his professional and private life and was not sufficiently justified in relation to the aims of the vetting process. For this reason, the court ordered Albania to pay 6,000 euros in compensation for non-pecuniary damage and 5,000 euros for legal costs.

Also, if requested by the claimant, the Albanian authorities may consider reopening the vetting procedures, in accordance with the standards of the European Convention on Human Rights.

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