January 26, 2024
The Public Commissioner was present today at the Appeal Chamber to continue the judicial review of the appeal filed against Decision no 442/2021, of the Independent Qualification Commission. This decision pertains to the assessee, Mr. Juljan Çafka, who holds the position of prosecutor in the Gjirokastra District Prosecution Office.
Upon confirming the attendance of the parties in the hearing, the presiding judge informed that several denunciations were filed in the Appeal Chamber, whereby their content was not yet undisclosed to the adjudication panel, while inviting the parties to present their positions concerning the filed denunciations before the initiation of the judicial review of the case.
The Public Commissioner assessed the necessity of additional investigation for certain previously mentioned complaints, clarifying that the public complaints, submitted to the Appeal Chamber before filing the appeal, were managed during the administrative investigation at the Independent Qualification Commission. Concluding his position, the Public Commissioner declared an inability to provide comments on the need for further investigation concerning the two public denunciations.
The assessee objected to the circumstances raised in the denunciations and given his submissions, filed acts from the files of the cases claimed by the denunciations
Following the consultation, the adjudication panel decided to administer the acts presented by the assessee as evidence during today’s hearing. For the public denunciations investigation, the panel requested the First Instance Court of Gjirokastra General Jurisdiction, for the acts of two criminal files. In contrast, for the denunciations presented to the Appeal Chamber during the period of preparation of the case and those submitted on January 18, 2024, the panel opted not to investigate, as they do not meet the criteria defined in Article 53 of Law 84/2016.
Subsequently, the adjudication panel decided to forward to the parties 3 public denunciations, recently filed to the Chamber, and adjourned the hearing on February 2, 2024, at 11:00 a.m., to present their positions regarding these denunciations.
Based on point 1 of Article 16 of the Institution of Public Commissioners’ regulations, the appeal and the elements of the case have been published on the official website of the institution, which can be accessed at 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.