Gashi–Gina Case Illegally Transferred to Fier Prosecution

The lawlessness inside the Prosecution Office seems to increase with every day that Temporary General Prosecutor Arta Marku is in charge.

Yesterday, the Durrës Prosecution Office declared itself incompetent to carry out investigation into the two dismissed prosecutors Rovena Gashi and Dritan Gina.

Both are accused of concealing their assets and false wealth declarations.

The prosecutors themselves have claimed that their dossiers have been sent to be investigated by the Durrës Prosecution Office, as the head prosecutor there, Anita Jella, is a close friend of Temporary General Prosecutor Arta Marku. Now, the Gashi–Gina case will be transferred to the Fier Prosecution Office.

As media outlet Lajme already argued a week ago, the transfer of the Gashi–Gina dossier to the Fier Prosecution Office is in violation of the Criminal Procedure Code.

According to art. 78 of the Criminal Procedure Code (KPK), in case a prosecutor is a defendant of a criminal offence which would fall under the jurisdiction of the district court where they exercises their office, the case is transferred to an adjacent district.

In the current case, Dritan Gina worked for a long time in the Durrës Prosecution Office. He and his wife stand accused of concealing their wealth, an offence which, according to the Durrës Prosecution, took place during the time that Gina exercised his functions in the Durrës Prosecution Office.

As the Durrës Prosecution Office declared its incompetence, KPK art. 78 sanctions a transfer to an adjacent district, either Kavaja or Kruja. The Fier District is not adjacent to Durrës and therefore no eligible to prosecute Gina’s case.

Temporary General Prosecutor Arta Marku’s unlawful decision to transfer the case to Fier is, however, not accidental. The Fier Prosecution Office is headed by Fatmir Lushi, one of Arta Marku’s appointees, from the early days when she took office. Lushi was in fact a subordinate of Dritan Gina until Arta Marku was appointed Temporary General Prosecutor.

Upon taking office, Marku dismissed the head of the Elbasan Prosecution Office Dritan Gina, while appointing Fatmir Lushi as head of the Fier Prosecution Office. Now that Gina and his wife, Gashi, have been indicted by Marku’s friend, Donika Prela, the Temporary General Prosecutor has decided that they will be prosecuted by another one of her “investments,” Fatmir Lushi, no matter the illegality of such an action.