March 13, 2025
The Head of the Special Prosecution Against Corruption and Organized Crime (SPAK), Mr. Altin Dumani, in exercising the powers of the Public Commissioner, authorized Mr. Adnan Xholi, serving as the Chair of the Section Against Organized Crime and Terrorism at the Special Prosecution Office, to represent him before the Appeal Chamber during the judicial review of the appeal against Decision No. 754/2024, of the Independent Qualification Commission, concerning the assessee, Ms. Mirela Mishgjoni, serving as a judge at the First Instance Court of General Jurisdiction of Vlora.
During the verification of attendance, the presiding judge informed the parties of the aforementioned authorization issued by the Head of the Special Prosecution Office. Upon the assessee’s consent, the hearing proceeded with the presentation of the appeal grounds.
The Chair of the Section against Organized Crime and Terrorism at the Special Prosecution Office, Mr. Adnan Xholi, upheld the grounds of the appeal and, in compliance with the Recommendation of the International Monitoring Operation (IMO), argued that the assessee failed to prove the opposite of the burden of proof regarding the asset assessment criterion. As a result, the assessee does not meet a trustable level for the confirmation in office. In conclusion, Mr. Adnan Xholi requested that, upon completion of the judicial review, the adjudicating panel amend Decision No. 754/2024, of the Independent Qualification Commission and dismiss from office the assessee, Ms. Mirela Mishgjoni.
The assessee contested the arguments put forth by the Chair of the Section against Organized Crime and Terrorism at the Special Prosecution Office regarding the asset assessment criterion. In concluding her rebuttals, the assessee submitted new evidence and requested that the adjudicating panel uphold the Independent Qualification Commission’s decision confirming her in office.
After deliberation in the consultation chamber, the adjudicating panel decided to open the judicial investigation and admit the documents submitted by the assessee in the quality of evidence. As no additional procedural requests were made, the panel adjourned the hearing on March 19, 2025, at 8:30 AM, inviting the parties to prepare for the presentation of their final arguments.
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.
