The Independent Qualification Commission (KPK) announced at the start of the week that Islamaj’s hearing would be held on June 5 and the judicial body would consist of Suela Zhegu, Pamela Qirko and Genta Tafa.
The notification was concise and correct. However, the makeup of the judicial body raises a serious legal problem. One of the three Commissioners, Suela Zhegu, has an open conflict of interest with her subject, Edmond Islamaj.
Boldnews found in February 2018 that Edmond Islamaj served as relator of the case against Zhegu’s husband, Idi Zhegu, who was accused by the Durrës Prosecution Office for “false expertise,” a case registered at the Supreme Court in September 2017.
Taking into consideration the fact that Edmond Islamaj’s vetting began in October 2017, as part of the priority list, Suela Zhegu has been reviewing Edmond Islamaj for at least 5 months. And, during this whole time, Islamaj was responsible for the criminal case against the Commissioner’s husband.
The conflict of interest, in this case, is entirely obvious, and equally flagrant is the behavior of Commissioner Zhegu. Despite being entirely aware that her husband was being prosecuted by the vetting subject, Edmond Islamaj, Zhegu took no procedural or administrative action to recuse herself from the vetting committee.
On the contrary, from what can be seen on the High Court’s official website, it was Edmond Islamaj who resigned from the judicial body, to be replaced by Tom Ndreca. To resolve the conflict of interest the “easier” way out was decided upon. Both parties likely agreed that it was best for the judge to leave his case, rather than the Commissioner leave the vetting committee.
In other words, the Vetting Committee has taken on a role more important than that of the Hihh Court. At least, that is the case for Suela Zhegu. It is important to follow Islamaj’s vetting closely, seeing as he was “coerced” into resolving the conflict of interest, when this was supposed to be the Commissioner’s responsibility, who should’ve stepped away upon being assigned to vet Islamaj.
In fact, as Boldnews has reported before, this is not the first time Commissioner Zhegu acts in contradiction with the law, almost irresponsibly.
General Prosecution Office prosecutor Rovena Gashi complained about the fact that Zhegu was part of her vetting committee, as, again, this constituted a conflict of interest. In Gashi’s case, like in Islamaj’s, the source of the conflict of interest was the Commissioner’s husband, Idi Zhegu.
The latter has had a lawsuit filed against him for “false expertise” by one of Gashi’s relatives. The case has been pursued by the Durrës Prosecution Office, which prosecuted Zhegu and requested his conviction. The case is still being reviewed by the High Court, and, until 3 weeks ago, Edmond Islamaj served as its relator.
Following Gashi’s complaint, the Commissioner resigned from the committee, but no disciplinary measures, as provided by the law, were taken against her.
Now used to violating the law and conflicts of interest, Zhegu saw no issue with vetting High Court judge Edmond Islamaj for several months even though the latter was one of people responsible for deciding her husband’s legal fate.
According to the vetting law, the responsibility to avoid conflict of interest falls on the Commissioner. Additionally, if the Commissioner is aware of the conflict of interest and fails to resign from the vetting body, this constitutes a serious disciplinary infraction and entails dismissal.
It seems, however, that the law is not equal for all Commissioners. On June 5, 2018, Suela Zhegu will decide whether judge Edmond Islamaj will pass the vetting process or not.
This article first appeared on Boldnews.al, translation by Exit.
