April 11, 2023

The Public Commissioner within the legal time limit filed an appeal at the Appeal Chamber by the Constitutional Court against Decision no. 629/2023, of the Independent Qualification Commission, for the assessee, Mr. Besnik Cengu, prosecutor of Tirana District Prosecution Office.

The Public Commissioner, after reviewing the decision no. 629/2023, of the Independent Qualification Commission, also in consideration of IMO Recommendation, determines  that the decision of the Independent Qualification Commission, regarding the completed declaration of the re-evaluation process, related to the prosecutor Besnik Cengu, without a final decision of case, is the result of the incorrect application of the legal provisions in force which contains sufficient legal grounds to be submitted for review to the controlling and re-evaluating jurisdiction of the Appeal Chamber .

The Public Commissioner requests the Appeal Chamber through this appeal to amend the decision no. 629/2023, of the IQC and to decide the termination of the transitional process for the assessee, Mr. Besnik Cengu, acting prosecutor of Tirana District Prosecution Office, and pursuant to Article G, paragraph  2 of the Annex of the Constitution, to decide that no longer be  appointed as a judge or prosecutor at any level, as a member of the High Judicial Council, High Prosecutorial Council High,  High Justice Inspector ,  or Prosecutor General, for a duration  of 15 years.

Pursuant to point 1, Article 16 of the regulation of the Institution of Public Commissioners, the appeal is 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.​

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