26 April 2022
The Public Commissioner was present today at the Appeal Chamber while initiated the judicial review of the appeal filed against the Decision no. 229/2020, of the Independent Qualification Commission, for the assessee, Mr. Dritan Banushi, judge/Head of Gjirokastra Court of Appeal.
After the verification of the parties’ presence in the hearing, the presiding judge informed that the Public Commissioner and the assessee had filed by the Chamber the submissions, and invited them to present their claims during the hearing session.
The Public Commissioner standing by all the appeal grounds, requested that the Appeal Chamber, take them into consideration and at the end of the adjudication of the case, decide to amend the decision no. 229/2020 of the Independent Qualification Commission and the dismissal from office of the assessee, Mr. Dritan Banushi.
The assessee, through his legal representative, opposed the appeal grounds, while requesting from the Appeal Chamber the opening of the judicial investigation, the administration of new evidence and his confirmation in office.
At the request of the panel, the Public Commissioner stated his opinion also related to the public denunciations, which he expressed they did not constitute legal facts and circumstances to consider law violations.
The adjudication panel, after hearing the submissions of the Public Commissioner and the assessee’s objections, after consultation in the deliberation room, decided to reopen the judicial investigation, to administer the evidence filed in the hearing by the assessee and to request to the Public Commissioner to perform the financial analysis as of the years 2003-2016 and its submission to the Appeal Chamber on 10.5.2022. The adjudication panel made available to the parties a denunciation received before the conduct of the hearing.
In order to provide time to the assessee to become acquainted with the financial analysis, which will be performed by the Public Commissioner, the adjudication panel decided to adjourn the following hearing on May 20, 2022, at 10:00 a.m.
Pursuant to paragraph 1, of 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”.
Public Commissioners represent the public interest during the transitional process of re-evaluation of judges and prosecutors in the Republic of Albania. PDF