The Minister of Justice, Besfort Lamallari, has addressed the High Inspectorate of Justice (ILD) with an official request to initiate a disciplinary investigation against the judge of the Court of Appeal of General Jurisdiction in Tirana, Irena Brahimi, who, exceeding every deadline, has delayed the disclosure of the reasoned decision for a full 1 year, 10 months and 20 days.
Referring to the complaint received electronically from citizen EL, the Ministry of Justice has been put into motion by conducting the appropriate administrative verification for the criminal case with the subject matter "Objection to the decision of the First Instance Prosecutor's Office of General Jurisdiction of Tirana for the non-initiation of criminal proceedings".
In the letter to the ILD, Minister Lamallari argues that in the criminal field, Article 430/1 of the Code of Criminal Procedure provides that, when the decision is announced in summary form, it must be justified within 30 days of the announcement, with the possibility of an extension for another 30 days in cases provided for by law. Compared to this legal deadline, it results that the delivery of the decision in this case has significantly exceeded procedural limits.
"Such a delay violates the standard of trial within a reasonable time and directly affects the realization of the right to a fair legal process, as it prevents the parties from exercising their appeals in a timely manner. Under these conditions, the Minister of Justice assesses that there are sufficient elements to initiate disciplinary proceedings for violation of the procedural obligations set out in Article 430/1 of the Code of Criminal Procedure," the letter signed by Minister Besfort Lamallari states.
This is the fifth request for ILD signed by Minister Lamallari since he took office, of which four are requests for disciplinary investigation and one for complaint verification. The Ministry of Justice announces that it is closely following other cases in the judiciary, referred by citizens themselves and not only, emphasizing that respecting procedural deadlines and legal standards is essential for the functioning of the rule of law and for guaranteeing equal justice for every citizen.
