20 September 2019
The Public Commissioner was present today at the Appeal Chamber, while continued the judicial review of the appeal filed against the Decision no. 58/2018, of the Independent Qualification Commission, for the subject of re-evaluation Mr. Besnik Muçi, prosecutor at the Prosecution Office of the First Instance Court for Serious Crimes, Tirana.
The Public Commissioner during his submission on the grounds of the appeal considered that the decision of the Independent Qualification Commission is not in conformity with the acts and the administrated evidence, consequently the subject of re-evaluation is found in conditions of failure to accurately and fully disclose his assets, and also has not credibly explain the lawful origin of the creation of these assets.
The Public Commissioner brought to the attention of the Adjudication Panel also the information forwarded by the CISD, related to the subject of re-evaluation, lodged by the Institution of the Public Commissioner, on November 16, 2018, this circumstance after being filed the appeal, wherein the Public Commissioner forwarded to the Appeal Chamber on the same date.
The subject of re-evaluation presented his new evidence during the hearing, while requested to the adjudication panel not to take into consideration the objections previously lodged by the College. He requested the re-opening of the judicial review of the case and the admission of new evidence in this regard, for each of the grounds of the appeal of the Public Commissioner.
The Adjudication Panel conducted questions to the Public Commissioner with respect to the secret documents forwarded by CISD, after withdrawing in the consulting chamber declared that the decision whether or not to be consider as evidence, shall be announced after the panel would become acquainted with the content of the documents.
The next hearing, in order to determine the probative value of the new evidence submitted by the subject of re-evaluation, shall be held on October 1, 2019 at 12:00 p.m.
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 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”.
The Public Commissioners represent the public interest during the transitional re-evaluation process of judges and prosecutors in the Republic of Albania.