Prosecutor Hektor Mushi was dismissed for problems in all three re-evaluation criteria

2024-04-01 20:12:00, Aktualitet CNA

Prosecutor Hektor Mushi was dismissed for problems in all three re-evaluation

The commission concludes that the prosecutor of Elbasan, Hektor Mushi, hid in the apartment in the name of his parents, making an insufficient declaration about the wealth and did not declare an inappropriate contact in the picture criterion. The body of the Commission is divided on part of the conclusions, however, it has been agreed on the dismissal of Mushi from office.

The prosecutor of Elbasan, Hektor Mushi, was dismissed from office on December 15, 2023, after the Independent Qualification Commission concluded problems in the three re-evaluation criteria, that of wealth, purity of image and professionalism. According to the KPK, Mushi has hidden the ownership of an apartment and that he is under the conditions of insufficient declaration of wealth. It is concluded for the figure that he has inappropriate contacts with persons involved in organized crime, that he did not fill out the form for control in this criterion exactly, completely and truthfully, as well as that he made an insufficient declaration because he did not reflect this contact. Some doubts raised in the figure criterion for favoring the persons under investigation, combined with professional shortcomings, are considered to be such as to have violated the public's trust in the justice system.

Although the KPK body headed by Lulzim Hamitaj, with rapporteur Etleda Çiftja and member Brunilda Bekteshi have joined in the final decision-making, parallel opinions have appeared on some issues. Chairman Hamitaj, otherwise, estimates that the subject was not found in the conditions of concealment of the apartment as the majority estimated, and also considers a part of the final conclusion unfounded for not declaring an inappropriate contact, agreeing to the existence of this contact, but estimates that prosecutor Mushi's knowledge of the criminal case against him was not proven.

Hektor Mushi first worked as a judicial police officer and in 1995 was appointed as a prosecutor in Elbasan. Subsequently, he was transferred to Pograddec and in 2007 he returned to Elbasan, where he held his position until his dismissal.

Property problems

KPK assesses that the subject's statements that he only has residential rights in an apartment with an area of ??112 m2 bought by his mother, are not convincing. The commission finds that Mushi has had continuous use of the apartment since the moment of its construction, including that the mother moved after her husband passed away. Also, it turned out that the name of prosecutor Mushi appeared in the list of residents presented in 2009 by the investor at Elbasan Water and Sewerage and the water supply contract was concluded in his name. Another fact that resulted from the investigation is the fact that the subject contributed in the amount of 2.5 million ALL for the purchase of this apartment, but does not appear to have ownership rights.

In the following, it is evident that the prosecutor Mushi has not given explanations on the circumstances established in the burden of proof, which are also associated with the lack of legal financial resources of his parents for the payment of the first installment in the amount of 1.4 million ALL. ,

KPK considers that there are reasonable doubts that the reflection of the father's name in the order contract of 2006 and then of the mother's name in the conditional sale contract in December 2014, together with the declaration in the "veting" statement of his right of residence and ownership of the mother, are actions and attempts to hide this wealth in the name of the parents.

Hamitaj values ??this asset differently. The majority assessment, that this asset should have been registered in the name of the subject, since the latter was the only investor and the name of the parents was used in order to hide this asset, is considered unfounded by Hamitaj who lists three arguments to defend his opinion. He notes that the subject's investment was less than half of the price of the apartment, while the rest was paid by other family members; that the parents were related persons and the mother declared this property. "[…]The use of the apartment de quo by the subject, combined with the financial relations between family members, are found in the dynamics of special relations, which do not convince that they were carried out in order to avoid control - as if they did not avoid it and in those circumstances they could not even avoid it", argues Hamitaj and adds that the financial impossibility found for the creation of this property, apart from the fact of not considering the contribution of the subject's brother from Germany that would zero this deficiency, the negative balance in itself could not constitute sole cause for dismissal.

In the following, it is concluded that Mushi has a negative balance in the amount of 1.6 million ALL for the purchase of an apartment in Pogradec. In evaluating the data found in this criterion, the KPK considers that this revaluation subject does not provide a reliable basis for the property and that it has made an insufficient declaration.

Figure and professionalism

The Special Prosecutor's Office against Corruption and Organized Crime, SPAK has informed the Commission that against the citizen Th.B., with whom the subject had contact, a proceeding was registered in 2009 for organized crime. After conducting the investigations, it was decided to suspend the investigations against this citizen, while the criminal proceedings were suspended. Referring to the legislation on the vetting of magistrates, the KPK notes that a person involved in organized crime is any person who has been convicted or criminally prosecuted inside or outside the territory of the Republic of Albania for such criminal offenses, with the exception of the case where it has been declared innocent by a final court decision.

KPK finds that the subject has a family and social relationship with the citizen Th. B., which he himself confirms, while he did not reflect this circumstance in the picture control statement. The majority considers that the subject's relationship with this person is inappropriate contact, while the subject's declaration in this criterion is considered incomplete.

Hamitaj in the concurring opinion lists his arguments against the majority's final conclusion on the figure. Although he agrees that improper contact exists, he disagrees with the majority's finding that the subject of the reassessment did not accurately, completely and truthfully complete the background check form and that he made an insufficient declaration by not inappropriate contact.

"This is because, even though inappropriate contact has been proven, in this particular case the same cannot be asserted in terms of the subject's knowledge regarding the investigation conducted against the inappropriate person. Only if this determining circumstance would be proved, (condicio sine qua non), then point 4 of Article DH of the Annex to the Constitution could be applied", says Hamitaj and assesses that the knowledge of the subject is not proven.

Meanwhile, the Commission has analyzed in the control of the figure, among other things, two cases investigated by the subject, in which it is suspected that he has favored the suspects.

In the professional aspect, deficiencies in terms of legal knowledge have been identified in two cases. Four public complaints have been made against Mushi, for three of which explanations have been requested. In one case, it is established that the lack of investigative activity for long periods without legitimate reasons demonstrates a lack of commitment and responsibility in the exercise of functions. In another matter, it is noted that Mushi has shown deficiencies in terms of legal knowledge.

KPK's investigation has also subjected a case based on media reports, from which it has been established that the subject has shown deficiencies in terms of legal knowledge, organizational skills; as well as the ethics of the magistrate in relation to commitment and responsibility in the function.

At the end of the re-evaluation of the professional skills, considering also the suspicions raised about favoring the suspects and the repeated violations in the professional aspect, in the overall assessment it is estimated that these findings have violated the public's trust in the justice system and therefore it is concluded that Mushi is unsuitable to continue his function./ Reporter.al