11 May 2021
The Public Commissioner was present today at the Appeal Chamber while continued the judicial review of the appeal filed against the Decision no. 231/2020, of the Independent Qualification Commission, for the subject of re-evaluation, Mr. Anton Martini, commanded prosecutor at the Prosecution Office of the First Instance Court, Tiranë.
The presiding judge, after verifying the presence of the parties in the hearing, informed about the acts delivered by the General Prosecution Office and the two Prosecution Offices of the First Instance Courts, that of Shkodër and Fier, in view of the investigation opened for two denunciations, regarding the fact whether the subject the re-evaluation has had any involvement in criminal matters, as referred by the whistle-blowers.
After informing that some of the acts had arrived in the late hours of yesterday and as a result the Public Commissioner was notified this morning, while the subject of the re-evaluation became acquainted during the hearing, the presiding judge initially questioned the parties on their opinions in the formal aspect of the documentation.
The Public Commissioner, in his position, concerning the above practices, referred by the Appeal Chamber had no further comments in their formal aspect, while regarding the content, he found that the information was not exhaustive, taking into account the continual requests of the adjudication panel for additional acts, that were presented in today’s session.
The subject of the re-evaluation from his side, stated his opinion related to the content of the acts, as much as he was acquainted, making clear his position, in relation to the issues referred to in the two denunciations, which were taken into investigation by the Appeal Chamber, submitting also the decision of First Instance Court of Fier, dated 19.11.2018.
The adjudication panel, with provisional decision, decided to administer in the quality of evidence the decision of the First Instance Court of Fier, presented at the hearing and subsequent the judicial investigation regarding this case, decided to request copies of procedural acts to the: Special Anti-Corruption and Organized Crime Structure, the First Instance Court of Fier and Vlora Court of Appeals.
In order to administer the above acts by the relevant institutions, the adjudication panel decided to adjourn the following hearing on May 27, 2021, at 10:00 a.m.
Pursuant to point 1, Article 16, of the regulation of the Institution of Public Commissioners, the appeal and elements of case are published on the official website of this institution: http://ikp.al/ankime/
The Institution of Public Commissioners has been established and operates under Article 179/b and the Annex of the Constitution of the Republic of Albania and Law No. 84/2016, “On the Transitional Re-evaluation of Judges and Prosecutors in the Republic of Albania”.
Public Commissioners represent the public interest during the transitional re-evaluation process of judges and prosecutors in the Republic of Albania.