Falsification of documents and refusal to submit asset declaration by Judge Gjoni
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On 2 May 2014, the Prosecutor’s Office initiated criminal proceeding no. 1098 against Gjin Gjoni, judge of the Tirana Court of Appeal, and his wife, Elona Çaushi, for falsification of documents and refusal to submit an asset declaration, on the basis of a denunciation by the High Inspectorate of Declaration and Audit of Assets and Conflict of Interests (HIDAACI) (see here).
- Country
- Albania
- Sector
- Public institutions
- Offence
- Declaration and audit of assets and financial liabilities
- Phase
- Investigation
Description of the case
On 2 May 2014, the Prosecutor’s Office initiated criminal proceeding no. 1098 against Gjin Gjoni, judge of the Tirana Court of Appeal, and his wife, Elona Çaushi, for falsification of documents and refusal to submit an asset declaration, on the basis of a denunciation by the High Inspectorate of Declaration and Audit of Assets and Conflict of Interests (HIDAACI) (see here).
At the time when the criminal proceedings were initiated, Gjoni held several positions: he sat on the High Council of Justice (HCJ), he sat on the board of the School of Magistrates, he was vice-chair of the National Judicial Conference and he was a member of the Electoral College (see here and here).
In the HIDAACI denunciation, Gjoni was also accused of corruption and concealing a criminal offence, but the prosecution did not file criminal charges (see here and here). Other public notaries suspected of falsifying documents were also part of the denunciation.
HIDAACI found discrepancies between the documentation submitted by the subject in the asset declaration and the official data provided by state authorities. The discrepancy pointed to an evasion of legal liability set forth by the legislation on concealment and false declaration to the amount of approximately €2.6 million. According to media reports and evidence found by HIDDACI, Judge Gjoni had been a partner in three business companies, the shares of which he transferred to his wife, Elona Caushi. At the end of 2014, his wife was the owner of six businesses, including Albanian Duty Free Distribution. The company has capital of ALL159,630,000 (€1.28 million), according to the Business Registration Centre.
The Prosecutor’s Office in Elbasan conducted investigations and sent letters rogatory to the respective French and German authorities (see here). In the meantime, the Minister for Justice submitted a request to the HCJ to suspend Gjoni as a member, but the request was rejected.
In February 2015, the Prosecutor’s Office decided to extend the time limits for the investigations on the grounds that it was awaiting the arrival of responses to letters rogatory seeking judicial assistance from Germany and France. The decision was challenged by the subject. The Elbasan District Court in its decision no. 1482 set a deadline of 12 February 2015 for the investigations. The prosecution appealed the court’s decision to the Durrës District Court of Appeal, which decided on 17 March 2015 to leave the investigation closed, arguing that "the fact does not exist" and making the case res judicata. The decision was also upheld by the Supreme Court, which Gjoni has argued nullifies any new investigations against him and his wife (see here, here and here).
On 20 April 2015, the decision of the Elbasan District Prosecutor’s Office stipulated the dismissal of the criminal case against Judge Gjoni and his wife (based on Article 328/1/f of the Criminal Procedure Code). The case remained under investigation without charges because of the need for other investigatory actions requiring judicial assistance from the competent authorities in Germany and France (see here).
Investigation no. 1098, launched in 2014 by the Elbasan District
Legal description of the case
- Falsification of documents (Article 186 of the Criminal Code)
- Refusal of declaration, non-declaration, concealment or false declaration of assets by elected persons and public officials or any other person legally bound to make a declaration (Article 257/a of the Criminal Code)
Applicable corruption offence
- Law No. 9049, dated 10 April 2003, “on the declaration and audit of assets and financial liabilities by elected persons and certain public officials” as amended
Date of offending
- The criminal denunciations date back to April and May 2014.
- The facts claimed as violations date back to the period from 2007 to 2013.
Sector affected
Public institutions & civil service
Related developments
The HIDAACI denunciation was followed by political allegations because of the key positions that Judge Gjoni holds in the justice system. His positions include: judge of the Court of Appeal, member of the board of the School of Magistrates, vice-chair of the National Judicial Conference, member of the High Council of Justice, and member of the Electoral College. The case also remained in the public limelight because of the legal battle between the prosecution and Judge Gjoni over the investigation deadlines (see here and here).
The entire proceeding revealed the deterioration of the justice system as a system incapable of fighting the corruption in its ranks and defending citizens from corruption. Civil society, the EU, the US Embassy and other political actors regarded the case as a failure of the Albanian justice system to fight corruption. It was clear proof of why Albania needed thorough judicial reform.
The Independent Qualification Commission, which is the basic body engaged in the vetting process of the judiciary, has conducted the verification process of Tirana Court of Appeal Judge Gjin Gjoni, including the legality of his assets, a background check and proficiency (professionalism), without coming to a final decision on Gjoni, who is rumoured to have dubious assets and influence in the judiciary (see here). Gjoni is still in the vetting process.
Court
N/A
Current phase of the case in criminal procedure
The investigation was suspended in 2015 and reopened in 2017.
Procedural history
The Elbasan Judicial District Prosecutor’s Office was tasked to conduct the investigative actions against the people under investigation, including Gjoni, under the stipulations and rules set out in the Criminal Procedure Code. Since the denunciations were made against the same people, including public notaries and Gjoni's wife, and since the facts related to one another, the already initiated investigations were joined to criminal proceedings no. 1098 of 2014, under the legal criteria provided for in Articles 79 and 92 of the Criminal Procedure Code.
On 20 April 2015, a decision of the Elbasan District Prosecutor’s Office dismissed the criminal case against Judge Gjoni and his wife.
Investigation no. 1098, which had originally been launched by the Elbasan District Prosecutor's Office in 2014, was reopened in January 2017 following the arrival of data requested from Germany and France. It remains unclear whether the new information will have consequences for Gjoni and his wife as the investigation was formally closed by a final court decision (see here).
Obstacles
Time limits of the investigation and slow responses to letters rogatory
Resolution of the case
Decision of Elbasan Judicial District Prosecutor’s Office, dated 20 April 2015, on the dismissal of criminal prosecution against the people under investigation, Gjin Gjoni and Elona Çaushi, amended upon Decision No. 655, dated 1 June 2015 of Elbasan Judicial District Court (see here).
Applicable minimum and maximum penalty
- Article 186 of the Criminal Code provides for the following:
Falsification of documents or use of falsified documents is punishable by imprisonment of up to three years.
When this offence is committed with accomplices or more than once or when it has brought about severe consequences, it is punishable by imprisonment of from four to six years.
When the falsification is made by the person charged to issue the document, it is punishable by imprisonment of from one to seven years.
- Article 257/a of the Criminal Code provides for the following (see also here):
Refusal or failure of elected persons or public officials or any other person subject to the legal obligation to make a declaration in accordance with the law to declare assets, where disciplinary measures have previously been taken, constitutes a criminal offence and it shall be punished by fine or up to 6 months’ imprisonment.
Hiding or false declaration of assets and private interests by elected persons or public officials is punishable by fine or imprisonment of up to three years.
Charges pressed by the prosecutor and the actual case including penalties requested
N/A
Sanctions imposed
N/A
Sanctions enforced
N/A
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