13 July 2021
The Public Commissioner was present today at the Appeal Chamber while continued 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 referred the request of the subject of re-evaluation to be provided more time in preparing the final conclusions and informed that the Public Commissioner had forwarded to the Appeal Chamber a denunciation received yesterday by e-mail to the Institution of Public Commissioners (PC).
Subsequently, at the request of the presiding judge, the Public Commissioner stated his position related to the denunciation, explaining that the referred data and the attached photo did not constitute complete ascertainment of the allegations raised about the background assessment criterion, hence requested that this denunciation be treated according to Article 4, paragraph 2 of law no.84/2016.
The subject of re-evaluation objected the allegations raised in the denunciation referred to in the hearing, stating that the photo attached did not identify him also that he had never been to the premises as claimed in the denunciation.
The hearing continued with the subject of re-evaluation stance over the questions and findings addressed from the IMO observer in the previous session, considering the findings as unfounded and in ethical violation.
The adjudication panel after consultation requested the electronic correspondence through which the denunciation was filed in the PC and after being acquainted with its content ruled not to administer it, due to the fact that it did not constitute facts and circumstances within the meaning of Article 53 of law no.84/2016, ruling at the same time to close the judicial investigation of the case and invited the parties to present their final conclusion on July 16, 2021, at 10:30 a.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.