18 February 2020
The Public Commissioner was present today at the Appeal Chamber, while continued the judicial review of the appeal filed against the Decision no. 84/2018, of the Independent Qualification Commission, for the subject of re-evaluation Mr. Besnik Cani, magistrate/prosecutor, at the Prosecution Office of the First Instance Court Elbasan, and also member of the High Prosecutorial Council.
In presenting the final submissions, the Public Commissioner stand to all the grounds of the appeal since in his assessment the allegations and evidence presented by the subject of re-evaluation, failed to prove the contrary in respect of each ground of the appeal.
The Public Commissioner assessed that from the overall assessment of the acts administrated in adjudication of this case, all the grounds of the appeal against the decision of the Public Commissioner on the confirmation in duty of the subject of re-evaluation, still remain to be examined and established by the panel.
The subject of re-evaluation and his legal representative, in submitting his final allegations, claimed the contrary of the inquiries of the Public Commissioner, and requested the re-opening of the judicial investigation in order to file a new evidence, whereby justifying the legitimate financial resources.
Following deliberations, the adjudication panel ruled out the request of the subject, while requesting to the legal representative of the subject of re-evaluation to submit their final claims. After submitting the final claims from the respective parties in the trial, the adjudication panel notified that the next public hearing over the final decision shall be announced on February 27, 2020, at 10:00. a.m.
Pursuant to point 1, Article 16 of the Regulation “On the Activity of the Institution of Public Commissioners”, the appeal and element of the case are published on the official website of this institution: http://ikp.al/
The Institution of Public Commissioners has been established and operates under Article 179/b 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 process of re-evaluation of judges and prosecutors in the Republic of Albania.