March 19, 2025
The Head of the Special Prosecution Against Corruption and Organized Crime (SPAK), Mr. Altin Dumani, in exercising the powers of the Public Commissioner, was present today at the Appeal Chamber, to proceed with the judicial review of the appeal against decision no. 521/2022, issued by the Independent Qualification Commission (IQC), concerning the assessee, Mr. Erjon Shehaj, serving as a prosecutor/head of the Prosecution Office at the First Instance Court of Lezhë.
During the attendance verification, the presiding judge informed the parties that the complaints submitted after the appeal had also been conveyed to them, then invited the Head of the Special Prosecution Office and the assessee to present their positions regarding the appeal grounds and the complaints.
The Head of the Special Prosecution Office, adhering to the appeal grounds, deemed that, in light of the Commission’s own findings regarding the proficiency assessment criterion, the issues identified in the investigated cases undermine the conclusion that the assessee achieves a trustable level for confirmation in office. In this context, and with reference to the jurisprudence of the Chamber, the Head of the Special Prosecution Office requested that the deficiencies found in the proficiency criteria and ethics of the assessee be duly considered in the overall case evaluation. In conclusion, the Head of the Special Prosecution Office requested the amendment of decision No. 521/2022, of the Independent Qualification Commission and the dismissal from office of the assessee, Mr. Erjon Shehaj.
The assessee, through his legal representative, opposed the grounds and the appeal request, asserting that the alleged violations concerning the proficiency criterion fail to demonstrate any impact on public trust in the justice system. In support of his rebuttals, the assessee submitted new evidence.
The parties also presented their positions regarding the complaints. The Head of the Special Prosecution Office emphasized that two of the complaints had already been examined during the proceedings before the Commission and were not included as appeal grounds, while the other two lacked sufficient elements seeking further investigation. Regarding one specific complaint, he acknowledged that it met the formal criteria but reserved the right to express his stance until hearing the assessee’s response. After listening to the legal representative’s explanations, the Head of the Special Prosecution Office deemed them detailed and persuasive, concluding that the claims outlined in the complaint were unsubstantiated.
After deliberation, the adjudicating panel decided to open judicial investigation, to accept the evidence properly submitted by the assessee and confirmed that no further investigation would be conducted into the complaints, aligning with the reasoning previously presented by the parties.
The following hearing is scheduled on April 4, 2025, at 9:00 AM, during which the parties are expected to present their final arguments.
The appeal and the elements of the case have been published on the official SPAK website, in the “Re-evaluation Process” section: https://spak.gov.al/
The Head of the Special Prosecution against Corruption and Organized Crime, in accordance with Article 179/b, paragraph 8 of the Constitution of the Republic of Albania, has been exercising the powers of the Public Commissioners as of 1 January 2025.