February 2, 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.
After the verification of attendance of the parties in the hearing, the Public Commissioner and the assessee presented their respective positions regarding the newly submitted denunciations in the Appeal Chamber.
The Public Commissioner has pointed out that the content of two of the denunciations was part of the denunciation related to the date of November 1, 2021, by the same whistleblower, reviewed by the Public Commissioner, which is not included in his appeal. The Public Commissioner referred that the content of the third denunciation was also managed during the administrative investigation in the Commission, where the latter decided to transfer the case to the competent authority for inspection of possible disciplinary violations. This specific case is also referenced in the Public Commissioner’s appeal dated November 11, 2021, to eventually be taken in a cumulative assessment, because of other possible findings emerging from the examination of the related cases, leading to the request for a new investigation in the Appeal Chamber.
The assessee during his stance, stated that the aforementioned denunciations lacked probative value, and in support of these claims, he submitted new acts to the Chamber.
The adjudication panel on the spot consultation decided to administer in quality of evidence the above-mentioned acts of the assessee, and not to investigate two of the three denunciations referred to in the hearing. Given the investigation of the third denunciation, the panel will request additional documents from the Prosecution Office of the First Instance Court of Gjirokastra General Jurisdiction.
Afterwards, the adjudication panel acknowledged being informed about the content of a new denunciation which handled the issues part of the judicial investigation. Consequently, the following hearing was adjourned on February 23, 2024, at 10:00 a.m., awaiting relevant acts from the aforementioned institutions.
Based on point 1 of Article 16 of the Institution of Public Commissioners’ regulations, the appeal and the elements of the case are 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.