July 7, 2022
The Public Commissioner was present today at the Appeal Chamber while initiated the judicial review of the appeal filed against the Decision no. 256/2020, of the Independent Qualification Commission, for the assessee, Mrs. Etleva Deda, judge at the Special Court against Anti-Corruption and Organized Crime.
After verifying the presence of the parties in the hearing, the presiding judge informed that the parties have filed the submissions by the Chamber and also invited them to present their claims in the hearing session.
The Public Commissioner, while presenting the appeal grounds assessed that unlike what the Independent Qualification Commission decided, the assessee does not achieve trustable level for the confirmation in office since is found in the conditions of inaccurate and insufficient declaration in the assets assessment control. The Public Commissioner asked the panel to review the appeal grounds and at the end to decide the amendment of the decision no. 256/2020, of the Independent Qualification Commission and the dismissal from office of the assessee, Mrs. Etleva Deda.
The assessee, in her objections, claimed the opposite of the appeal grounds, requesting the adjudication panel to reopen the investigation, the administration of the new evidence whereof she had previously deposited to the Appeal Chamber and having refused the Public Commissioner’s appeal.
After having consulted in the deliberation room, the adjudication panel decided to open the judicial investigation, administering the new evidence in view of this investigation, besides they overturned the claims made from a denunciation from the public, as they were not based on the requirements of the legal provision and in the conditions when the respective parties did not denote other procedural requests, likewise requested the parties whether they were ready to persist with presenting of the final conclusions.
The Public Commissioner, in his stance related to the administered evidence, stated that they do not affect the appeal grounds and that in the final conclusions would still maintain the same opinion as he held during the submissions of the appeal grounds.
The assessee also stated that she sustained her objections and requests to her confirmation in duty.
Under these circumstances, the adjudication panel withdrew to the deliberation room to set the final decision, which it will be announced on July 21, 2022, at 9:30 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”.
The Public Commissioners represent the public interest during the transitional process of re-evaluation of judges and prosecutors in the Republic of Albania. PDF
