13 January 2021

The Public Commissioner was present today at the Appeal Chamber while continued the judicial review of the appeal filed against the Decision no. 249/2020, of the Independent Qualification Commission, for the subject of re-evaluation Mr. Piro Samara, Inspector at the former High Council of Justice.

The presiding judge, during the verification of the presence of the parties in the session, noticed the absence of the subject of the re-evaluation, who informed that although being notified about the public hearing according to the legal proceedings, he did not confirm his attendance in any of the electronic communications. In these circumstances, the adjudication panel decided to hold the public hearing despite his absentia and requested to the Public Commissioner to present the grounds of the appeal.

During the submissions, the Public Commissioner stood for the grounds and the seeking appeal for the amendment of the  decision no. 249/2020, of the Independent Qualification Commission for the subject of re-evaluation, Mr. Piro Samara with the arguments that the Independent Qualification Commission has not properly identified and assessed the facts and legal circumstances, in full compliance with the provision of Article G of the Annex of the Constitution and the orientation given in such cases from the decisions of the Appeal Chamber.

The adjudication panel, after consulted in the deliberation room for the announcement of the final decision, decided:

The amendment of the decision no. 249/2020, of the Independent Qualification Commission, as follows:

  1. The termination of the re-evaluation process for the subject of re-evaluation, Mr. Piro Samara, Inspector at the former High Council of Justice.
  2. The subject of re-evaluation may no longer be appointed as a judge or prosecutor at any level, as a member of the High Judicial Council or the High Prosecutorial Council, High Justice Inspector or Prosecutor General for a duration of fifteen years.
  3. This decision is final with immediate effect.

The decision was announced today in Tirana, January 13, 2021.

Pursuant to point 1, Article 16 of the Regulation “On the Activity of the Institution of Public Commissioners”, the appeal and elements of the 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 of 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. ​PDF