02 August 2019
The Public Commissioner, within the time limit, filed an appeal to the Appeal Chamber by the Constitutional Court against the Decision no. 162/2019, of the Independent Qualification Commission, for the subject of re-evaluation Mrs .Manjola Kajana, prosecutor at the Prosecution Office of the First Instance Court for Serious Crimes, Tirana.
In the assessment of the Public Commissioner, in the present case, the judicial investigation of the Independent Qualification Commission, is incomplete. Consequently, the facts and evidence administrated at the conclusion of the administrative investigation lacked full disclosure to uphold the decision of the Independent Qualification Commission for the confirmation in duty of the subject of re-evaluation, referring to point 1 of Article 59 of law no. 84/2016 “On the Transitional Re-evaluation of Judges and Prosecutors in the Republic of Albania”.
Based on the content of point 3, of the Article F of the Annex of the Constitution of the Republic of Albania, the Public Commissioner, through this appeal, requests from the Appeal Chamber that these deficiencies of the administrative investigation committed by the Independent Qualification Commission, may be remedied by the College during the examination of the case in the hearing.
Pursuant to point 1, Article 16 of the Regulation “On the Activity of the Institution of Public Commissioners”, the appeal is 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.