Diplomats fired from Gervala send indictments to court, MPJD lost their files

According to the minister's reasoning, those released from office have been employed without being subjected to regular admission procedures in the foreign service, defined by the Law on Foreign Service, and no procedures and accession rules under the Civil Service Law, applicable at the time when these persons have been appointed.

“They have entered and are considered members of the foreign service through arbitrary decisions”, Gervala had said.

The downloads -- Lulzim Rifaj, Mitat Fyza, Bahrije Hoti, Beatrim Morina, Binak Berisha, Shota Bukoshi, Adnan Dragaj, Enver Busaj, Blerim Canaj -- have strongly rejected the decision of Minister Grovall.

They, through their lawyer, Hajzer Salihu on Tuesday, have filed indictments at the Constitutional Court in Pristina against the Independent Council for the Kosovo Civil Service, respectively, against ruling A. The number 365/2022 of that is.10.06.2022, where they also sought to delay the execution of the decision in question.

“The decision of the KPSHCK that we have not agreed with and handed over indictments to the competent court, while simultaneously demanding the postponement of the execution of this decision, to our legal conviction, as well as the minister's decisions, is an unfair and baseless decision, and which has caused irreparable damage to these civil servants (4)x1>, Salihu declared the Telegraph.

It also says that dismissals have created irreparable damage, as it adds that they have left work after 10 years without any preliminary notice.

“Ua has submitted decisions to the table and cutting off the mandate arbitraryally, even in the midst of commitments to different projects with regional and international organisations, which has given a bad taste to the entire country's diplomacy system in relation to these partnership mechanisms”.

The “Nance of this issue continues even when among some of the complainers who have been on diplomatic missions, even after decisions issued for evacuation, Gervala has continued and has given them additional duties to work on projects that have been initiated by the 87x1>, he said.

Salihu even points out that such collective decisions on job dismissal have never been before since the establishment of postwar institutions.

The Gervala's statement that the dismissal decision was legitimate, the lawyer called it biased.

decision-Lulzim - RIFY-think-unsatident

The “Minist on certain presentations had stated that the site of the KKPSHCK has confirmed the legality of its decisions! Its legal assessment when a decision of non-inflicts it as a rejection decision, if it is not a thought-up and biased assessment on the part of Minister Grovalla, lets everything be understood for “legality” of its decisions on downloads”, it was put away.

KPMSCK's statement on complaints, like noncompetent

After 60 days of classroom treatment, KKPSCK had declared itself non-competent to decide over complaints, with the reason that those who are dismissed lack an act of appointment, so they could not prove they were accepted as civil servants.

Independent Civil Service Supervisor Council action is considered absurd and suspicious, because even MPJD representatives who were part of sessions called by the KPSHCK College for the review of complaints had acknowledged that members of the diplomatic service have the status of civil servants.

KKPSCK has declared non-competence for handling complaints, meanwhile under Law No. 03 L-149 for Civil Service, (law that has been in force at the time of the admission of these diplomats to work) at Article 3 his 4 had taxedly defined that: Diplomatic and consular personnel, as well as administrative personnel sent abroad or employed by the Kosovo Ministry of Foreign Affairs, are part of the Kosovo Civil Service, and subject to this law and relevant legislation in force.

Also for years this body had monitored diplomatic missions and provided recommendations for improving conditions in this service, based on the KPSHCK legal mandate for monitoring public administration institutions that have civil servants.

“Even one of the members of the College, who is the head of the KPSHCK, has given reluctant thought against the other two member colleagues, consisting that the KPSHCK is competent to review these complaints, and since he considers that there is competence is also issued in the assessment of the legality of the process, arguing that complaints of attorneys should be approved as based, while the minister's decisions are illegal, and as such as must be abolished, binding on the matter. MPJD to get the complainers back to work”.

The lawyer stresses that this should be the majority decision, the final decision of the KKPSHCK on this administrative issue, respectively.

Mangue in file storage inside MPJD

The 2021 MPJD internal audit report had highlighted shortcomings in the ministry staff file system, providing recommendations that steps be taken to eliminate problems in the files system of public officials.

This report has found that the human resource unit, as responsible for the preservation and management of files, has failed to do the job as required with the regulation provisions of 012020.

This report also mentions the responsibility of this division for its failure to manage, highlighting many problems in file maintenance and storage, disseminating lack of presentation paper, as well as lack of public officials' data.

At 5th point in this report, it points out that “... in 22 cases no original documents have been found during the recruit assessment”.

Lawyer Salihu says that the MPJD files of the competition announced in 2011 for recruiting diplomats have been lost, and according to him, on the basis of “mmage” that these files, the minister has made a decision to dismiss these diplomats.

“As far as the minister's statement that there was no final list, or declaration of results, on whose basis he made the conflicting decisions that we have complained to the KKPSCK, we consider that it is the claim that should be viewed with much suspicion, and prior to reaching such a task of”.

“Grvalla would have to make an investigation into who has removed and eliminated this evidence from the competition file, and not toʹi punish the candidates who had submitted to the application in this procedure and who, based on evidence shown by them themselves, had confirmed that they were invited in all phases of the recruiting procedure and after having completed oral interviews with the MPJD personnel office had submitted decisions for appointment and invited the ministry to go on with the procedures of aggression and passports to start open-up missions in Europe and the RCHCHS, he said.

MPJD did not allow access to official documents

Lawyer Hajzer Salihu has charged MPJD for failing to access official documents.

Under the law on access to official documents and provisions of the administrative procedure law, he says he has submitted the request, requiring MPJD access to official documents related to the 2011 recruiting file, in order to understand that on the basis of which MPJD acts or documents has issued decisions to dismiss persons in question.

But according to him, MPJD had not responded to the request for access to official documents, but had just returned an answer through email, where it had announced that the deadline for response has been extended for another 15 days because of the great volume of required documentation.

“MPJD had never equipped us with these” documents, he says.

The “those documents in the wake of the KPSHCK request had been handed over there, but to our surprise, when we asked the KPMSHCK to afford us those documents, we have seen that there were only 3 documents from all that file “voluming” as we had reasoned against access to the MPJD, and that only: the decision to announce the competition, the competition proclamation and the list of applicant candidates<3>

This has caused us to doubt this whole process is how it is possible that candidates can present with more evidence than the employment body itself, and that I believe should be an alarm for the investigative institutions, as the extermination of the files is then passed on to the penal domain”, he said.

This process of dismissing the 10 members of the diplomatic service, according to Salih now expects to be treated in the country's judicial bodies, the Constitutional Court in Pristina, respectively.

“Pres and I am confident that judicial institutions will issue merit decisions, with which the members of the diplomatic service will recognise the denied right, thus turning legitimacy into this unfair process developed against them, from the two instances of administrative procedure ( MPJD and KUNSHCK” Salihu said.