16 October 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.
During today’s hearing, the Adjudication Panel became acquainted with the opinions of the parties over the declassified document of CISD, forwarded to the Institution of the Public Commissioners following the filing of the appeal. The Public Commissioner stated that based on the content of the information, forwarded by CISD, regarding other related persons to the subject of re-evaluation, the facts and circumstances presented may serve to a comprehensive evaluation of the case and re-evaluation proceedings of the subject of re-evaluation. The Public Commissioner set out that this information, based also on property contractual relationship admitted by the subject of re-evaluation and the prosecuted person, and would serve as argument because of circumstances, that the subject of re-evaluation might be put under the pressure of criminal structures, in reference to Article 37, letter “c” of law no. 84/2016.
The subject of re-evaluation, during his objections, requested that the information forwarded by CISD, should not be considered as evidence, claiming that with the persons referred to in the documents consisted of only contractual relationship.
The Adjudication Panel requested from the Prosecution Office of the First Instance Court for Serious Crimes Tirana and Prosecution Office of the First Instance Court Tirana, to inform the College for any existing information referred from the law enforcement agencies to other related persons to the subject of re-evaluation, and whether the subject is involved in the complicity of the information or has treated it in his capacity of the prosecutor by both of the aforementioned institutions.
The next hearing session shall be held on November 4, 2019, at 10:00.a.m.
Pursuant to point 1, Article 16 of the Regulation “On the Activity of the Institution of Public Commissioners”, the appeal and the element 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”.
The Public Commissioners represent the public interest during the transitional re-evaluation process of judges and prosecutors in the Republic of Albania.