11 July 2019
The Public Commissioner was present today at the Appeal Chamber, while initiated the review of the appeal filed against the Decision no. 61/2018, of the Independent Qualification Commission, for the subject of re-evaluation Mr. Gentjan Osmani, prosecutor at the Prosecution Office of the First Instance Court for Serious Crimes, Tirana, and currently a member of High Prosecutorial Council.
The Public Commissioner in the elements of the case presented to the Adjudication Panel the grounds and effective issues of the appeal of the decision of the Independent Qualification Commission, along with the recommendation of the International Monitoring Operation (IMO).
Likewise, the Public Commissioner requested to the Appeal Chamber to take into consideration one denounce by the public, forwarded by IMO, where among others provides facts and circumstances, whom after the investigation and assessment of the College, may constitute a legal ground to the assessment of other two criteria, that of background and proficiency assessment of the subject of re-evaluation.
The subject of re-evaluation through his attorney objected to the grounds of the appeal, and requested to the Appeal Chamber to administer the acts presented in the hearing and upon them to carry out a thorough financial analysis. Whilst, the subject described as defamation the allegations arise by the public denunciation.
Following each submission from the parties, the Adjudication Panel ruled to open the judicial investigation and to administrate in the quality of evidence the acts lodged by the subject of re-evaluation.
The Adjudication Panel also decided to request from the General Prosecution Office information regarding the judicial proceedings of the subject in the decision-making of the alleged cases in the denunciation as well as data from the TIMS system.
The next hearing session shall be adjourned on July 15, 2019 at 13:30 p.m.
Pursuant to point 1, Article 16 of the Regulation “On the Activity of the Institution of Public Commissioners”, the appeal and the 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 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 process of re-evaluation of judges and prosecutors in the Republic of Albania.
