Dismissal of prosecutor Besnik Cani, European Court of Human Rights: Reopen the case, unfair decision

Dismissal of prosecutor Besnik Cani, European Court of Human Rights: Reopen the

Prosecutor Besnik Cani, a former member of the KLP, was dismissed from office in March 2020 by the Special Appeal Panel, but the case will be reopened. The European Court of Human Rights has decided today to reopen the proceedings, accepting Can's appeal against the KPA's decision as part of the jury was Luan Daci, who was later convicted of falsifying the documents to be part of vetting.

The ECHR has decided that because Daci was unfairly elected to the KPA, then the decision is unfair, so the case must be returned for trial. The court says that in this decision Article 6, paragraph 1, of the Human Rights Convention has been violated, which obliges for a fair trial within a reasonable time by an independent and impartial court, established by law.

"Consequently, having regard to the circumstances of the case at hand and to the extent that it may be possible under domestic law, the most appropriate form of redress for the violation of the appellant's right to a "court established by law" under Article 6 , 1 of the Convention would be to reopen the proceedings, if the applicant requests such reopening, and re-examine the case in a manner that is consistent with all the requirements of Article 6, 1 of the Convention. Finally, the applicant requested that the Court annul the decision of the KPA of 27 February 2020 and order the Government to immediately reinstate him in his former office. In view of its jurisdiction and the nature of the violation that was found in relation to the applicant's verification procedures, the Court rejects this request".