20 October 2021
At the Appeal Chamber initiated the judicial review of the appeal filed against the Decision no. 332/2021, of the Independent Qualification Commission, of the assessee, Mrs. Lindita Male (Ziguri) former prosecutor of Tirana District Prosecution Office, at present holds the position of Magistrate Inspector at the Inspectors Unit in the High Inspector of Justice.
The presiding judge, while verifying the parties’ presence invited the Public Commissioner to submit the appeal grounds.
The Public Commissioner, sustaining all the appeal grounds, pursuant to the recommendation of the International Monitoring Operation (IMO), deemed necessary a full and comprehensive investigation by the Appeal Chamber, regarding the commercial activity of the spouse of the assessee, as well as the investigation for possible conflicts of interest of the assessee in the exercise of her duty as a prosecutor. In view of his inquiries, the Public Commissioner determined that it is necessary for the Appeal Chamber to address to the institutions in order to document the commercial activity of the person related to the assessee, also to investigate whether the assessee is found in conditions of a conflict of interest during the exercise of the duty as a prosecutor.
The assessee, objecting the appeal grounds, stated that she regrettably had ascertained that the Independent Qualification Commission, in the reasoning of the decision, had not included the documentation related to her spouse’s commercial activity and requested to the adjudication panel to file this documentation, which she had recently provided, along with some additional acts related to the appeal ground for possible conflicts of interest.
The adjudication panel, after being acquainted with the Public Commissioner stance, who stated that he had not previously been disposed with the aforementioned documentation, decided to reopen the judicial investigation, administering in the quality of evidence the acts filed by the assessee at the hearing.
Subsequently, the adjudication panel decided to adjourn the following hearing on October 26, 2021, at 10:00 a.m., in order to express on the request of the Public Commissioner for further investigation of the case.
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 process of re-evaluation of judges and prosecutors in the Republic of Albania.