Steven Powles KC successful in persuading European Court of Human Rights to find violation of Article 8 (Right to Private Life) in case of Sevdari v Albania

Ms Antoneta Sevdari was a former public prosecutor in Albania. In 2019, she was dismissed from the post of prosecutor after undergoing Albania’s so-called ‘vetting procedure’, designed to purge the judiciary and prosecutors of those allegedly linked to corruption and organised crime. The European Court of Human Rights held that the manner of her dismissal violated her rights under Article 8 of the Convention (Right to Private Life).

Ms Sevdari served as a prosecutor in the Durres District Court from October 2003 until 2012. She was then appointed as a prosecutor attached to the Tirana District Court. From December 2018 she served as a member of Albania’s High Prosecutorial Council.

In July 2018, the Independent Qualification Commission (IQC) unanimously confirmed Ms Sevdari in her post after evaluating (i) her personal assets, (ii) conducting an integrity background check on whether she had any links to organised crime, and (iii) an evaluation of her professional competence. However, in February 2019, the Special Appeal Chamber reversed the IQC’s decision and dismissed Ms Sevdari. It found she had made an insufficient disclosure of assets on the basis that she had not proven the lawfulness of financial assets used to acquire part of her real estate and the lawfulness of some of her husband’s income. As such, they held she had undermined public trust in the judicial system.

Referring to the ‘European Guidelines on Ethics and Conduct for Public Prosecutors’, the European Court highlighted the importance of prosecutors meeting high standards to the overall integrity of the justice system. It also noted the importance of judges and prosecutors being able to demonstrate that members of their immediate family had complied with applicable tax legislation.

However, in Ms Sevdari’s case, the Court noted that her dismissal was based exclusively on insufficient disclosure of her husband’s overseas income, acquired even before they were married. The Court’s overall assessment was that Ms Sevdari’s dismissal, based on her husband’s historic tax issues, in the absence of any bad faith or deliberate violation by Ms Sevdari herself, was disproportionate to the legitimate aim of the vetting process. The Court therefore found a violation of Article 8 on account of her dismissal from office.

The Court awarded Ms Sevdari damages of nearly EUR 20,000 and EUR 5,000 expenses.

For the full ECHR judgment see here.

In response to the European Court’s Judgment, Ms Sevdari’s lawyer, Steven Powles KC of Doughty Street Chambers stated:

“This decision of the European Court of Human Rights is very welcome and demonstrates the caution needed by Albania in the application of the ‘Vetting Procedure’. While it is obviously important to uphold the very highest standards within the judicial system, the vetting process must be conducted judiciously with adequate safeguards in place to ensure that innocent people are not unfairly removed from office. I am pleased that Ms Sevdari has been vindicated by the European Court and hope that the relevant authorities in Albania will now reinstate her as Prosecutor so that she can return to the public service to which she is committed and loves.”