A week ago, the Court of Appeals reinstated vetting judge Luan Daci, who was suspended from the Special Appeals Chamber (KPA).
In a controversial ruling, the judicial body made up of Dhimitër Lara, Nertina Kosova, and Sokol Binaj argued that Daci did not falsify documentation when he failed to include his 1997 dismissal in his application to KPA.
The ruling argues that by failing to do so, it was not Daci’s intention to modify the truth. The court defined falsification to mean erasing, wiping, changing or distorting circumstances. In Daci’s case, the judge merely failed to present his suspension by the High Judicial Council (KLD).
The court also argued that the law does not mandate disclosing the disciplinary measure of dismissal. However, vetting law stipulates that candidates for KPA and Independent Qualification Commissions (KPK), must present documentation to the President to prove that they have not been previously dismissed as judges. Daci did not present such proof, and asserted he had not received the disciplinary measure of dismissal. Article 6 of the vetting law clearly states that lacking one of the necessary documents disqualifies a candidate.
The court argues that Daci’s failure to present this documentation does not constitute falsification, because the application presented to the President is not a legal document, merely an expression of interest.
Thus, Daci denying and concealing his suspension, the ruling concludes, is not illegal. Consequently Daci was reinstated at KPA.
Luan Daci was suspended on May 20 by the Special Anti-Corruption Prosecution who accused him of falsifying documents to hide his dismissal as judge in 1997.
