06 November 2020
The Public Commissioner was present today at the Appeal Chamber while continued the judicial review of the appeal filed against the Decision no. 187/2019, of the Independent Qualification Commission, for the subject of re-evaluation Mr. Elvin Gokaj, prosecutor/ at that time head of the Appeal Prosecution Office, Shkodër.
At the beginning of the hearing, the presiding judge confirmed that they were acquainted with the submissions and the financial analysis of the Public Commissioner, sent to the Appeal Chamber, according to the requirements set out in the intermediate decision of the last public hearing and that they further were also recognized to the subject of re-evaluation.
The Public Commissioner reaffirmed at the hearing that he stands by all the appeal grounds, indicated in the correspondence with the Appeal Chamber, according to the references of the intermediate decision on the written submission terms of the appeal grounds and the financial analysis of the: “Residential Property in Durrës”, likewise of the joint bank accounts of the spouse, her mother and the parents of the subject of re-evaluation.
The subject of re-evaluation, after confirming that he was informed by the Appeal Chamber with regard to the content of the submissions and financial analysis of the Public Commissioner, objected the relevant findings with the claims presented by his legal representative.
Following the questions/responses addressed by the rapporteur of the case, the Public Commissioner and the legal representative of the subject of the re-evaluation, in this regard it should be noted that the adjudication panel it is unclear concerning the appeal grounds, presented by the Public Commissioner and in order to make them clear and in particular for the : ” Deposits in joint bank accounts” requested from the Public Commissioner, until November 9, 2020, at 15:00, to submit to the Appeal Chamber the financial analysis of the financial capacity of the subject of re-evaluation and his spouse regarding the claim for the lack of resources on the creation of the deposits in joint bank accounts.
The next public hearing shall be held on November 11, 2020, at 12:00 a.m.
Pursuant to point 1, Article 16 of the Regulation “On the Activity of the Institution of Public Commissioners”, the appeal and 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 and 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 process of re-evaluation of judges and prosecutors in the Republic of Albania.