07 July 2021
The Public Commissioner was present today at the Appeal Chamber while initiated the judicial review of the appeal filed against the Decision no. 324/2020, of the Independent Qualification Commission, for the subject of re-evaluation, Mr. Sokol Ngresi, judge at Vlora Court of Appeal.
After verifying the presence of the parties in the hearing, the subject of the re-evaluation submitted a preliminary request claiming the rejection of the appeal, considering it filed beyond the legal time limit. After withdrawing for decision, the adjudication panel determined that the decision on this preliminary request would be given along with the final conclusion.
Following the public hearing, the Public Commissioner in his submissions stood for all the grounds and the seeking appeal filed, requesting the amendment of the decision and the dismissal from office of the subject of the re-evaluation. The Public Commissioner stated that after the filing of the appeal, through the Appeal Chamber, also directly to the Institution of the Public Commissioners, were filed several denunciations, claiming for an undeclared property by the subject of the re-evaluation. With regard to the denunciations, eventually the Public Commissioner requested to be acquainted with the position of the subject of the re-evaluation as regards the allegations raised in these denunciations, after their administration by the Appeal Chamber.
The subject of the re-evaluation, in stating the objections of the appeal grounds, requested the decision to be upheld, claiming that the investigation in the Commission had provided answers to the issues raised in the appeal. Referring to the allegations comprised in the public denunciations, for undeclared property/assets, the subject of the re-evaluation considered them inaccurate, claiming their falsity.
The adjudication panel, after consultation, decided to administer the denunciations and related acts, whereof alleged the non-declaration of an immovable property by the subject of the re-evaluation, likewise sought to be acquainted with the position of the Public Commissioner regarding the issues for investigation concerning the denunciations.
The Public Commissioner, in presenting his position, stated the necessity to be requested information from the construction company, which is claimed as parties to the agreement concluded with the subject of re-evaluation and the State Cadastre Agency Vlorë related to this property.
Subsequently, after the responses of the subject of the re-evaluation were administered, who was asked by the case rapporteur regarding the existence of his relationship with the administrator of the construction company, as well as the procedure followed to acquire the declaration of assets forms, the presiding judge read the intermediate decision of the adjudication panel to request the administration of information regarding the content of the denunciation by the construction company and ASHK (SCA-State Cadastre Agency), the administration of information from another construction company for a legal-civil relationship established between them and the subject of re-valuation, as well as the administration of information by HIDAACI regarding the procedure followed for completing the declarations of assets in the respective period, where claims were raised by the subject of re-evaluation.
The adjudication panel, pending the setting of the relevant responses from the aforementioned institutions, decided to adjourn the following hearing, on July 26, 2021, at 9:00 a.m.
Pursuant to paragraph 1, Article 16 of the regulation 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 re-evaluation process of judges and prosecutors in the Republic of Albania. PDF
