"ON THE STATUS OF JUDGES AND PROSECUTORS IN THE REPUBLIC OF ALBANIA "   |   96/2016

Article 119: Complaints

1The High Justice Inspector shall process complaints filed by any natural or legal person.

2Subjects that must submit complaints to the High Justice Inspector, if they have reliable information that the magistrate might have committed a disciplinary misconduct, are the following:

aMinister of Justice;

ba single member of the Council;

cthe chairperson of the respective court or prosecution office.

3The High Justice Inspector has the obligation to verify complaints, except anonymous ones. Complainants may request to keep their identity confidential.

4The High Justice Inspector shall confirm the receipt of the complaint within five days upon receipt of such complaint. The High Justice Inspector shall notify the complainant within five days after taking the decision on the archiving the complaint, opening of investigation, widening or changing the scope of investigation or on closing the investigation. The complainant shall be entitled to appeal decisions on archiving and closing an investigation.

5A complaint shall be submitted in person, by regular mail, electronic mail or fax.

6Withdrawal of the complaint by the complainant is not a reason for archiving the complaint, if the High Justice Inspector establishes that the allegation provides sufficient grounds to carry out an ex officio investigation and does not lead to the closure of an already initiated investigation.

7The complaint may enclose evidence and sources of information for the alleged facts and circumstances.

8The High Justice Inspector shall publish a complaint template on the official website in order to facilitate the submission of complaints.

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