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The Supreme Court upholds the decision to publish the private sponsor of the KPK

2024-07-17 19:07:53, Aktualitet CNA

The Supreme Court upholds the decision to publish the private sponsor of the KPK

KPK chairman Roland Ilia and former chairman Pamela Qirko during the handing over of office. Photo courtesy of KPK.

The Supreme Court decided on Wednesday to uphold a ruling by the Administrative Court of Appeal, which compels the Independent Qualifications Commission to publish the name of the private sponsor who funded a vetting commission event at the luxury resort Marina Bay in Vlora.

The decision was taken by the body of the Administrative College, headed by the relator Sokol Sadushi and with members Sokol Ngresi and Gentian Medja.

It ends BIRN Albania's 3-year battle with the Independent Qualification Commission, which refused, in violation of the "Right to Information" law, to make available the name of the private company that paid the accommodation and food bills for 12 KPK commissioners and three staff members during the activity in Vlora.

The Independent Qualification Commission chose the luxury resort "Marina Bay" on the coast of Vlora as the destination to conduct a 4-year job analysis in September 2021.

The event took place on September 30, but the 12 KPK commissioners and three staff members were accommodated in the hotel for two nights thanks to the 'generosity' of a private company that covered the accommodation, food, conference room rental and costs other activities.

"It violates national security"/ KPK sues for keeping secret the donor who sponsored the private activity
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The Independent Qualification Commission is a constitutional institution, created within the framework of the Justice Reform for the vetting of judges and prosecutors with the final goal of restoring public confidence in justice.

Throughout his mandate, hundreds of magistrates have been accountable to the KPK and have been penalized with dismissal for gifts or sponsorships received from third parties, which have been assessed in the light of a potential conflict or seeming interest. KPK members themselves refused to submit to the same standard.

The legal transparency saga began with a BIRN Right to Information request and a decision by the Right to Information Commissioner on December 7, 2021, ordering the KPK to make available to BIRN a full copy of the sponsorship agreement.

KPK refused to implement the decision of the Commissioner for the Right to Information and challenged it in the Administrative Court of Tirana, where it received a favorable decision. In its lawsuit, the Commission claimed that making the sponsor public would harm national security, the vetting process as well as the image of the KPK and its international partners.

The decision of the First Instance was overturned as unfounded by the Administrative Appeal which pointed out that the observance of confidential contractual clauses does not appear to constitute a limitation provided for in the sponsorship agreement, but was subsequently interpreted as such by the Commission.

Although the decision of the Administrative Appeal is final, the KPK refused to execute it and appealed to the Supreme Court, but it was overturned on Wednesday as unfounded, leaving the decision-making for transparency in force.

Previously, the Commission asked the Supreme Court to suspend the execution of the decision of the Administrative Appeal. On May 27, the Supreme Court rejected the claims for the existence of an immediate and irreparable damage that could result from the non-execution of the final decision of the Appeal, considering that they were hypothetical and without any legal argument./ Reporter.al