21 June 2021
The Public Commissioner was present today at the Appeal Chamber while initiated the judicial review against the decision no. 200/2019, of the Independent Qualification Commission, for the subject of re-evaluation Mr. Besim Hajdarmataj, prosecutor at the Prosecution Office of the First Instance for Serious Crimes, Tiranë.
After verifying the presence of the parties in the hearing session, the presiding judge informed that the subject of the re-evaluation had forwarded to the Appeal Chamber several new acts, in view of the appeal grounds of the Public Commissioner, which were communicated to the Public Commissioner and to the IMO observers as well.
Following the parties confirmation related to the acquaintance of the above acts, the presiding judge invited the Public Commissioner to state the appeal grounds and the subject of the re-evaluation to submit his objections.
The Public Commissioner standing by all the appeal grounds and in consideration of the recommendation of the International Monitoring Operation assessed that the decision no. 200/2019, of the Independent Qualification Commission is vulnerable in its entirety and constitutes sufficient grounds to be subject to the controlling and re-evaluation jurisdiction of the Appeal Chamber.
The Public Commissioner, at the request of the adjudication panel set out his position related to the public denunciations, which he stated that they don’t constitute data that exceed the appeal grounds.
The subject of the re-evaluation, in his objections, claimed the opposite of the Public Commissioner, regarding to the appeal grounds of the proficiency assessment criterion. While his legal representative referred to the objections to the findings in the appeal, which were related to the asset assessment criterion and in view of the request for reopening of the judicial investigation, submitted additional acts at the hearing.
In order to provide enough time for the Public Commissioner to express related to the acts filed by the subject of the re-evaluation, the adjudication panel decided to adjourn the following hearing on July 6, 2021, at 12:00 p.m.
Pursuant to point 1, Article 16 of the regulation 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 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 re-evaluation process of judges and prosecutors in the Republic of Albania. PDF
