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Flagrant Dismissal of Mr. Xhemal Qefalia
27.02. 2007
The Albanian Helsinki Committee
has reacted before to unjustified dismissals
from the public administration, including from
the detention and prison systems. Some of these
issues have become the topic of review of the
Civil Service Commission and many of the
complaints in court have been resolved in favor
of complainers.
AHC considers it necessary to
publicly react to another recent case that we
find to be very flagrant: dismissal from work of
former Tiranë 313 prison director Mr. Xhemal
Qefalia.
With regard to the issue, he
informed the Albanian Helsinki Committee. His
complaint may be found below:
One month ago, some persons asked
him to convince his brother Mr. Kujtim Qefalia
to withdraw his candidacy in the Commune of
Dajt, Tiranë, on the opposition ticket. After
the request was not accepted, he was asked to
resign from his position as Director of 313
Prison. He refused this request too. Then, he
was offered the job of a prison specialist at
the Ministry of Justice. So as not to remain
jobless, and having a long and successful career
in the prison sector, he began to work as a
specialist at this Ministry.
Through official letter No.
798/1, dated 9.02.2007, he resigned from his
position as Director and began work as a
specialist at the Ministry of Justice. The above
letter carries the signature of the Minister of
Justice. Unexpectedly, after 6 days, through
official letter no. 798/II, dated 15.02.2007,
again signed by the Minister of Justice, his
dismissal from this job too was determined
without any motives.
As an organization that has
continuously monitored respect for the freedoms
and rights of citizens at detention facilities
and prisons, AHC has appreciated the management
skills and professionalism of Mr. Xhemal
Qefalia, as well as his efforts toward rigorous
enforcement of laws. He received such positive
appraisals from several domestic and
international organizations engaged in the area
of implementation of contemporary reforms in
prisons and detention facilities as well as in
juvenile criminal justice.
Mr. Xhemal Qefalia has a long
12-year experience in the prison sector. He
received training in several Western European
countries, including England, Germany,
Netherlands, etc.
AHC deems it appropriate to
mention the positive evaluation that General
Director of Prisons, Mr. Saimir Shehri issued
for Mr. Qefalia on 15.02.2007, precisely the day
he received notification of his dismissal. The
evaluation says: "…during the period he worked
in this position, he held correct relations with
both supervisors, and other employees of the
institution, as well as good professional
skills. With his experience in the prison
system, he has reflected an objective level of
judgment on different issues, thus helping
improve the situation in the institution he has
headed."
For AHC, the content of this
positive evaluation would be sufficient to
conclude that his dismissal from work was done
for political motives and is, therefore,
unlawful.
Stemming from the above case, AHC
considers it necessary to highlight the fact
that the dismissal, suspension, and transfer for
electoral purposes, with the exclusion of
motivated cases, is legally punishable (see
articles 5 and 179 of the Electoral Code).
We would suggest to the Minister
of Justice to review once again the measure
taken toward Mr. Xhemal Qefalia and decide his
return to the previous position, which would
serve the further improvement of professional
and management skills of the prison
administration.
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