14 January 2025
The Head of the Special Prosecution Against Corruption and Organized Crime (SPAK), Mr. Altin Dumani, in exercising the powers of the Public Commissioner, was present today at the Appeal Chamber, to proceed with the judicial review of the appeal against decision no. 479/2021, issued by the Independent Qualification Commission (IQC), concerning the assessee, Mr. Arben Dosti, currently serving as a judge at the First Instance Court of General Jurisdiction of Tirana.
During the verification of the parties’ attendance, the presiding judge informed that, following the expiration of the Public Commissioners’ mandate, their powers are now exercised by the Head of the Special Prosecution, in accordance with Article 179/b, paragraph 8 of the Constitution of the Republic of Albania, and Article 199, paragraph 2 of the Civil Procedure Code. The presiding judge further stated that the adjudication panel had been briefed by law enforcement agencies regarding the acts previously reviewed by the Independent Qualification Commission (IQC). Additionally, the presiding judge notified that the parties had been provided with the documents submitted by the assessee related to three complaints, as well as those pertaining to a complaint submitted to the Appeal Chamber yesterday.
The hearing continued with the submissions presented by the assessee, who objected the issues raised in the three complaints, for which the judicial panel had decided to initiate a judicial investigation. Hereafter, the assessee requested that the panel to take measures to obtain the files related to two of the issues raised in the complaints. According to the assessee, these matters are currently under review by the Appeal Court of General Jurisdiction and the High Court.
After responding to questions from the case rapporteur, the assessee requested the administration of some new documents and also provided explanations regarding the complaint recently submitted to the Appeal Chamber, the assessee stated that the whistleblower in question had previously exhibited criminal behavior toward him and his family. The assessee’s legal representative also commented on the complaint, noting that the whistleblower had raised concerns about a potential conflict of interest.
The Head of the Special Prosecution, in response to the documents submitted by the assessee regarding the three complaints, deemed them irrelevant to the grounds of the appeal. Regarding the complaint submitted yesterday to the Appeal Chamber, the Head of the Special Prosecution stated that it did not contain facts or circumstances for further investigation.
Subsequently, the assessee submitted as evidence a certification of his judicial status in Greece and reiterated previously rejected requests by the adjudication panel. These requests pertained to the grounds of the appeal concerning the background assessment.
After deliberation, the adjudication panel accepted the new documents submitted by the assessee as evidence and declared the judicial review process closed.
The adjudication panel invited the parties to present their final arguments at the following hearing, scheduled to be held on 27 January 2025, at 11:00 AM.
The appeal and the elements of the case have been published on the official SPAK website, in the “Re-evaluation Process” section: https://spak.gov.al/
The Head of the Special Prosecution against Corruption and Organized Crime, in accordance with Article 179/b, paragraph 8 of the Constitution of the Republic of Albania, has been exercising the powers of the Public Commissioners as of 1 January 2025.
