TIRANA, May 2 – Three more judges filed their resignation from the country’s justice system this week; two quoted health issues, while the third judge requested to retire due to old age.
Brunilda Kasmi, Civil Court judge in Tirana, Merita Xhani, judge in the Durres Court and Nazmie Pengili, of the Kruja Court, filed their resignation requests at the High Council of Justice.
Pengili said her magistracy mandate ended on April 10, forcing her to exit the judiciary. Pengili has been formerly denied a judge mandate due to lack of legal grounds.
Local media also contacted Kasmi, a candidate for the High Judicial Council and on top of the list of names that were to undergo the judiciary vetting.
“I left for health reasons. Disease does not ask for permission. I want to clarify I haven’t had issues with my wealth,” Kasmi said.
In 2015, however, Kasmi was part of the 81 high officials who were fined for not declaring their wealth.
Kasmi is the second judge leaving the ranks of the HJC after Besim Trezhnjeva, who was ousted by the Independent Qualification Commission, meaning calls will now open to establish a new judiciary-ruling institution.
Xhani also mentioned health problems as the roadblock in her judicial journey.
“I am sick. It has nothing to do with the vetting. I suffer heart problems and I’ve been receiving disability assistance the last two years,” Xhani said.
The High Council of Justice will also look into the files of judges Petraq Curri, Erqys Selami, Ahmet Jangulli and Ken Dhima, whom the justice minister has requested to be ousted.
The country’s judicial system has seen six resignations so far, coming from high judge Mirela Fana to constitutional judge Besnik Imeraj, under the EU-aspiring judiciary reform that aims to test judges and prosecutors’ competence and cleanliness of figure.
On Monday’s IQC session saw appeals prosecutor Fatjona Memcaj, who resulted to be a clean figure without any conflict of interest and who can justify her wealth according to all commission reports.
The issue of the collapsing justice system
The current situation of resignations, sackings and investigations has not lacked its side-effects, the most serious being the freezing of certain courts and the lack of existence of other judicial bodies foreseen under the justice reform.
The Constitutional Court, left with four judges, has been out of order over the last weeks, as six are needed to start a meeting and five to pass a decision.
On Thursday, the latest CC judge was sacked for not passing the vetting process. Judge Altina Xhoxhaj did not justify her wealth, according to vetting officials. Xhoxhaj’s lawyer said she would appeal the decision.
The High Court is in the same position, while eight institutions that were to be established under the judiciary reform are either still non-functional, half-established, or, in the worst case scenario, no one can say when they’ll be established, even though it’s been 20 months since constitutional changes were approved.
Meanwhile, opposition members and critics alike have also noted nothing is being done to appoint a General Prosecutor, as Arta Marku was to be temporary and has yet to undergo the judiciary vetting herself.
Another judicial body that was supposed to have been established under the judiciary reform is the SPAK, or the Special Structure Against Corruption and Organized Crime. This structure was to be assisted by the existence of a special prosecution and special investigation unit, however, seeing how the country’s judiciary is currently suffering lack of judges and prosecutors, these ‘special’ units remain a distant hope.
