March 4, 2024
The Public Commissioner was present today at the Appeal Chamber to continue the judicial review of the appeal filed against Decision no 442/2021, of the Independent Qualification Commission. This decision pertains to the assessee, Mr. Juljan Çafka, who holds the position of prosecutor in the Gjirokastra District Prosecution Office.
After the verification of attendance of the parties in the hearing, the assessee submitted additional acts, and at the end, listed all the documentation that was deposited to the Appeal Chamber.
The presiding judge informed that the documents submitted by the assessee had been forwarded to the Public Commissioner for recognition and subsequently requested to know his stance.
Following the confirmation from the judicial secretariat, that the acts he had were the same as those in the inventory, the Public Commissioner did not present any objections in this matter.
In the following, the adjudication panel administered in the quality of evidence the documents submitted by the assessee, then they officially concluded the judicial investigation and invited the parties to present the final conclusions.
The Public Commissioner, adhering to the appeal grounds and the submissions, during the case examination in the Appeal Chamber, deemed that the emerging issues are generally related to the organizational skills of the assessee, leading to inefficiencies in actions and performance. Referring to the new jurisprudence of the Chamber, the Public Commissioner requested; the amendment of decision no. 442/2021, of the Independent Qualification Commission, the dismissal from office of the assessee, Mr. Julian Çafka, for a period of one year and the obligation to undergo a training program at the School of Magistrates. Additionally upholding the Commission’s decision on the transfer of two criminal cases, for which the prosecution at the Gjirokastra District Prosecution Office had decided respectively, the suspension and non-initiation of criminal proceedings.
The assessee during the final conclusions, objected to the findings and inquiry of the Public Commissioner and requested the adjudication panel for his reconfirmation in office.
The panel, upon hearing the claims of the parties, retired to the consultation chamber to take the final decision, which it will announce in the upcoming hearing on April 5, 2024, at 12:00.
Based on point 1 of Article 16 of the Institution of Public Commissioners’ regulations, the appeal and the elements of the case are published on the official website of the institution, which can be accessed at 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”.
The Public Commissioners represent the public interest during the transitional process of re-evaluation of judges and prosecutors in the Republic of Albania.