The High Prosecutorial Council, KLP, decided amid discussions on Friday with 9 votes in favor and two against to approve the request of prosecutor Lazër Çardaku to maintain the status of magistrate for another three years after reaching retirement age, despite having been dismissed from the KPK since November 2024.
The rapporteur of the case, Sokol Stojani, submitted that Prosecutor Çardaku, who has reached the retirement age of 67, has requested to remain in office until the age of 70.
According to Article 64 of the Law on the "Status of Judges and Prosecutors in the Republic of Albania", the magistrate retires at the age of 67, but at his request, he may remain in office until the age of 70.
Stojani brought to the attention of the Council that Prosecutor Çardaku has been dismissed from his post by the KPK and is awaiting the review of his appeal by the Special Appeals Chamber. The rapporteur also noted that Çardaku is suspended from his post and that he does not make any contribution to the justice system. Stojani said that the draft decision came with a majority vote from the commission, as he voted against it. He added that the other two members of the commission, Ledina Riza and Mirela Bogdani, have expressed their support for Çardaku's request to be given the opportunity to maintain his status.
"The state is being used as a cow. A person who does not contribute cannot be paid. We cannot pay people when they do not do any work. And a projection must be made for people who are retiring," said Stojani.
Stojani was supported only by member Erind Mërkuri in the Council, while the other nine members considered Çardak's request legal.
Stojani then pointed out that the Council had previously done so in the case of prosecutor Pelivan Malaj, extending his retirement age from 67 to 70, while he was suspended from his post at the first instance of vetting. According to Stojani, a few days before his trial at the KPA, prosecutor Malaj had requested to retire, without undergoing the final trial of his vetting.
Member Erion Fjezulla noted that magistrates are suspended due to their dismissal from office by the KPK, but Stojan reiterated that the state should not be used as a pawn.
The council then held a vote, from which prosecutor Çardaku's request for a three-year extension of the magistrate's status was supported by 9 council members who voted in favor, while members Sokol Stojani and Erind Mërkuri remained in the minority.
Tirana Prosecutor Lazër Çardaku was dismissed from office last year for problems with the asset criterion, which in the overall assessment were considered to place him in conditions of violating the public's trust in justice. He has filed an appeal with the College, while there is no appeal by the Public Commissioner. The College reviews with priority the decisions of the Commission for which the International Monitoring Operation has submitted a recommendation and which have been appealed by the Public Commissioners. The KPA mandate ends in June 2026, during which time the consideration of Çardaku's appeal is expected to be concluded.
With the decision of the KLP, Çardaku will continue to receive 70% of his salary even though he will not actually perform his duties. /BIRN/
