Dahari case: Why did the Civil Council turn him back to the suspension of Chief Inspector Topalli?

In cases where the procedure is interrupted without pronunciation of any measure, then according to the Independent Civil Supervisor Council, judicial uncertainty arises.

In the Civil Supervisor Independent Council's ruling, several violations have been reportedly found. According to the Council, if the disciplinary procedure is suspended without a measure, then Topalli would have to be fully compensated, which in this case did not occur (the Nacional newspaper).

The Council College estimates that KD.n.07/2022 of the 1811.2022 date has not acted fairly and wrongly implemented the laws of material law, since it has in addition suspended the disciplinary procedure initiated under the request of the 1909.2022 date has enabled the preliminary decision of 28.09.2022 in force. KD.n.4/2022 for temporary suspension of the job with 50% compensation of the return of”, said at the beginning of the decision.

When the fact is known that, in the sense of Article 58 paragraphs 4 of Law No.06/L-14 for public officials, it defines that: Civil employment during the suspension period does not benefit salaries, except in the case specified in Article 56, in case the procedure ends without a disciplinary measure..... .., from which, according to this decision-making logic, the complainer should be fully compensated over the time period since the Disciplinary Commission has completely suspended the disciplinary procedure without the pronunciation of the disciplinary action, and this creates the situation of legal uncertainty and mismanagement, which the standards of the material law have been entirely different, aware of the disciplinary commission with the suspension case of the procedure, keeping the disciplinarian or suspension of the procedure, while at the same time, there is a state of their legal authority, and the matter of the matter of the Magnology Council is further supervised.

According to the Council, in this case, because the procedure had not continued deliberately to be investigated by the prosecution, it was not known whether violations were committed or not. The Civil Council ruling also mentions Albulen Hadziu's cabinet chief. He had sent an Email to the Commission, where he had clarified that the case is being investigated by the Special Prosecutor.

However, the Council has noted that it had offered no confirmation or paperwork to prove that claim.

“Colegi estimates that the disciplinary Commission on the occasion of suspending the disciplinary procedure against the complainers, based solely on the email of the date 11.10.2022 sent by the chief of the minister's cabinet to the Head of the Disciplinary Commission on the grounds that: Italics the report to the State Prosecutor's Office and then the prosecutor's office have informed that because of the same competence they sent to the Special Prosecutor's Office is legally unstable because, in concrete case, the chief of the cabinet does not have any legal authority to submit to the prosecutor's official or prosecutor's actions without the official engagement of the institutions, it is said to the prosecution's decision further.

The Civil Council had requested further evidence concerning the fact that the case is being investigated by the Special Prosecution, yet only that office chief's Email was again sent. Topalli, on the other hand, had offered evidence from the court and police that no procedure was under way against him.

The Council in a complaint to answer the date 30.12.2022, had requested from the Justice Ministry relevant evidence on the particular emphasis that: “The written witness on the basis of which is supporting the release of the CD.nr.07/2022 verdict from the Disciplinary Commission with the date 18.11.2022 (contradictations conveyed to the Prosecution) “, while the latter in the quality of this evidence has brought only the top e-mail from the case, from that the concrete case was not met or that evidence was not confirmed with the legal fulfillment of the 85th law. L-031 for General Administratorial Procedure in regard to suspension of the disciplinary procedure, while the complainer in quality of supporting evidence of the complaint has brought confirmation of the 12,12.22 Kosovo Police and the figure certificate PN. NR. CR. BR/1007/22 of the 30.11.2022 issued by the Foundation Court in Ferizaj, on the basis of which evidence that there is no criminal record in the Kosovo Police Information System, as opposed to the same is not being conducted criminal procedure, nor is it condemned”, specified in that decision.

Based on these findings, the Civil Council, dated February 20, 2023.

Why was Ylber Topalli fired?
The justice ministry had announced that it was fired from chief inspector Ylber Topalli. This dismissal, which bears the stamp of the Disciplinary Commission, has come after the Justice Ministry, led by Albulen Haxhiu, considers a series of actual findings to be made “, proving serious violations in the case it links to developments following the murder of Astrit Dehar.

In this report, Topalli was said to have named the case of Astrit Dehar, which the ministry refers to by name as “suicide”.

For the commission, it is no contradiction that Mr. Topalli has signed two reports about the extraordinary inspection of the death of pre-prisonment A.D. and that there are counter-recognitional qualities, with which the same one has been unprogressive and irresponsible during the exercise of duty”, it says.

The Commission finds that Mr. Topalli has taken over from former Acting Centre director of Prizren's duty, copies of video footage, and has brought them to his office at the former Renaissance facility in Pristina, which Mr. The ball that these video tapes were brought to USB to compile the final report. He received these footage by the date 07.11,2016, in the form of information. Mr. Topalli has received the recordings before the police and contrary to the law, without putting forward the cash and without approval from the competent body”- the decision says.