31 October 2018
The Public Commissioner appealed to the Appeal Chamber at the Constitutional Court the Decision No.58/2018, of the Independent Qualification Commission, for the subject of re-evaluation Mr. Besnik Muçi, prosecutor at the Prosecution office at the Court of First Instance for Serious Crimes, Tirana.
The determining reasons for which the Public Commissioner considers that this Commission’s decision is not fair, based on the assessment that the subject of re-evaluation and related persons failed to credibly explain the lawful origin of assets and incomes, referred to Article D/3 of the Annex of the Constitution and Article 30 of Law No. 84/2016. The re-evaluation subject failed to justify the financial sources of the expenditures and savings for the years 2003, 2004 and 2005 and is found in the terms of non- declaration assets and its incorrect and insufficient declaration, referred to Article D, point 1 and 5 of the Annex of the Constitution and Article 61/3 of Law No. 84/2016.
The Public Commissioner, pursuant to the competences recognized by Article C and F of the Annex of the Constitution, based on Articles D and F of the Annex, Articles 30-34 and point 3 of the Article 61 of Law No. 84/2016 requests from the Appeal Chamber that at the conclusion of the case in the public hearing to decide the amended Decision No. 58/.2018, of the Independent Qualification Commission and to dismiss from office the re-evaluation subject, Mr. Besnik Muçi.
Based on point 1, Article 16 of the Regulation “On the Activity of the Institution of Public Commissioners”, the appeal is published on the official website: www.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 process of re-evaluation of judges and prosecutors in the Republic of Albania.