08 November 2021
The Public Commissioner was present today at the Appeal Chamber while continued the judicial review of the appeal filed against the Decision no. 324/2020, of the Independent Qualification Commission, of the assessee, Mr. Sokol Ngresi, judge at Vlora Court of Appeal.
Following the previous session, regarding the graphic examination of the documents subject to expertise, the presiding judge informed that the expert report of the Institute of the Scientific Police Directorate was filed at the Appeal Chamber on 4.11.2021 and it was conveyed for acquaintance to the IMO, the Public Commissioner and to the assessee.
The graphic experts of the Institute of the Directorate of Scientific Police expressed at the hearing concerning the act of expertise, submitting the conclusions of the forged signatures.
In lacking of questions from the Public Commissioner, the assessee addressed some questions to the experts, regarding the content of the act. Following the responses received from the experts, the adjudication panel decided to administer the act of expertise, dated 4.11.2021.
Consequently, the presiding judge announced that three denunciations have been submitted to the Appeal Chamber, while inviting the parties to their viewpoints.
The Public Commissioner, by letting to the court the approach for the decision-making regarding the denunciations, stated that the seeking appeal is based on the grounds, within incorporated and that, apparently, the denunciations do not contain the required elements, such that affect the re-evaluation of the assesse to be further verified. The assessee claimed that one of the denunciations was related to a court case pending by a higher court, while he considered the other two denunciations as anonymous and following the submission of false facts against his confirmation in office.
The adjudication panel, following consultation, decided: 1. To declare the acts that were subject to expertise, as forged and, pursuant to Article 280/1 of the Civil Procedure Code, to rule them out not to be evaluated in the quality of evidence in this process. 2. Pursuant to Article 275/2 of the Civil Procedure Code, these acts should be marked as forged and stored in the court archive along with this decision.
3. Pursuant to Articles 281/3 of the Code of Criminal Procedure and Articles 245 and 271 of the Civil Procedure Code, the adjudication panel decided to file a criminal report to the Prosecution Office of the First Instance Court, Tirana, for the citizen F. K., for committing the criminal offense of perjury, provided by Article 306 of the Criminal Code, and falsification of documents through its use, provided by Article 186 of the Criminal Code. 4. Not to further investigate related to the three newly denunciations filed to the Appeal Chamber.
The adjudication panel, following the confirmation of the parties, that they had no other evidence and requests, decided to close the judicial review, inviting the parties to present their final conclusions in the subsequent hearing session, which will be held on November 16, 2021, at 10.00 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.