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HJC has decided to dismiss Judge Kliton Spahiu, following the request of the High Inspector of Justice. The HID argued that Spahiu had committed a violation and should therefore be dismissed. According to Artur Metani, it turns out that Kliton Spahia with the court decision of the Court of First Instance for Serious Crimes Tirana (no. 69, dated 29.10.2019), has left in force by the Special Court of Appeal for Corruption and Organized Crime Tirana (no. 19, dated 21.09.2020) pleading guilty to the criminal offense “Passive corruption of judges, prosecutors and other officials of the judiciary”, provided by Article 319 / of the Criminal Code.
The magistrate is currently suspended from office by decision of the High Council of Justice, due to being taken as a defendant by the Prosecution at the Court of First Instance for Serious Crimes.
Meanwhile, Judge Kliton Spahia has requested the approval of his resignation. But according to ILD, the resignation of the magistrate does not constitute a reason for the closure of the disciplinary investigation by the High Inspector of Justice. The High Judicial Council on 01.03.2021 has decided to suspend the review of the resignation of the magistrate Kliton Spahia until the end of the disciplinary investigation initiated against him by ILD. It turns out that he enjoys the status of a magistrate and is subject to disciplinary investigation.
In relation to the facts proven in this disciplinary investigation process as well as accepted by the court, it results that the magistrate Kliton Spahia has taken active actions by directly benefiting, actions which are assessed to contain elements of the criminal offense of committed during the exercise of duty, with direct intent and with the purpose of improper benefit from them, favoring one litigant by giving a civil court decision in his favor.
The registrars have violated the regular activity of the judiciary by the irregular actions of outsiders but also by the actions of themselves as officials of justice.
These actions have violated the trust of the litigants and the public in the judiciary and their respect for the law, as well as have severely discredited the position and image of the magistrate.
Irregular exercise of duty by the magistrate has brought consequences for the administration of justice, has severely discredited the position and image of the judge, and has damaged the public’s trust in justice.
When the disciplinary violation is identified with the commission of a crime, for which the magistrate has been convicted by a final court decision, it entails the dismissal of the magistrate, as a measure of an exclusionary nature from the judicial system, with a permanent character, which is not extinguished.
The three Durres Appellate Judges, Kliton Spahiu, Petraq Dhimitri and Petrit Ceno, were found guilty by the former Court of First Instance for Serious Crimes of corruption and sentenced to 2 years in prison each. Businessman Namik Sadik, accused of paying for their trip to Madrid, was sentenced to one year in prison. Earlier in the day, Petrit Ceno, one of the convicts, was fired as a judge following a ruling by the Special Appellate Panel.
The three judges undertook a trip to Spain in October 2014 in the company of businessman Namik Sadik, the owner of a tourist complex in Durres, and according to the Prosecution, the trip was paid for by him. This trip included watching the football match between Real Madrid and Barcelona, known as the “El Classico” derby. /abcnews.al
