June 3, 2025
The Head of the Special Prosecution Office against Corruption and Organized Crime (SPAK), Mr. Altin Dumani, in exercising the powers of the Public Commissioner, authorized Mr. Klodjan Braho, serving as Prosecutor at the Special Prosecution Office against Corruption and Organized Crime (also Chair of the Anti-Corruption Section), to represent him before the Appeal Chamber during the judicial review of the appeal against Decision No. 696/2023, of the Independent Qualification Commission, concerning the assessee Ms. Marsida Frashëri, serving as a prosecutor of the First Instance Court of General Jurisdiction of Shkodra.
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 obtaining the consent of the assessee, the hearing proceeded with the presentation of the appeal grounds.
The Chair of the Anti-Corruption Section at the Special Prosecution Office, Mr. Klodjan Braho, adhering to the grounds set forth in the appeal, argued that the assessee failed to meet the qualifying level in the proficiency assessment required for the confirmation in office. Furthermore, through her actions and omissions, she has seriously undermined public trust in the justice system. According to Mr. Braho, the deficiencies identified cannot be remedied even through participation in the training program at the School of Magistrates. Therefore, Mr. Braho requested that the adjudicating panel examine the appeal’s grounds and, upon conclusion of the judicial review, amend Decision no. 696/ 2023, of the Independent Qualification Commission, and dismiss the assessee, Ms. Marsida Frashëri, from office.
In response, the assessee objected the Public Commissioner’s appeal, claiming that it was based on an intermediate decision of the Independent Qualification Commission, which, according to her, is not subject to appeal. She did not provide any explanation regarding the findings raised in the appeal.
Subsequently, the assessee responded to questions posed by the case rapporteur.
As the parties did not submit any new procedural requests, the presiding judge invited them to present their closing statements.
The Chair of the Anti-Corruption Section at the Special Prosecution Office stated that he upheld the grounds set forth in the appeal, as there had been no objections from the assessee. Mr. Braho contested the assessee’s position on the alleged invalidity of the appeal, arguing that the Public Commissioner’s appeal was filed against the final decision of the Independent Qualification Commission and that no legal provision supports the claim raised. In conclusion, Mr. Braho reiterated the request submitted through the appeal.
The assessee likewise reaffirmed her counter-appeal and requested that the adjudicating panel uphold the IQC’s decision confirming her in office.
Following deliberations, the adjudicating panel decided to close the judicial review and withdrew to chambers to render the final decision, which will be announced on June 10, 2025, at 15:00.
The appeal and element of the case are 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.