The Appeal Chamber held on 05.03.2025, at 13:00, the public hearing of case (JR) 23/2022, dated 30.05.2024, pertaining to the appeal of the Public Commissioner against decision no. 524, dated 08.04.2022, of the Independent Qualification Commission, related to the assessee Elfrida Bregova.
Following the previous hearing, the presiding judge informed the parties that the Appeal Chamber has received the AKSIK response, which informs that SHISH has declined to declassify the updated report for the assessee Elfrida Bregova. Also, the construction company of the apartment declared by the assessee and the person related to her responded to the AC request, maintaining that it does not have information on the case, since the 5-year time limit for the preservation of documentation has been elapsed. The parties confirmed their acquaintance with the complete documentation of these acts.
With regard to the above, the Head of the Special Prosecution Office stated that in the absence of the requested information, it should be proceeded with the evidence and data administered in the case file during the proceedings held at the IQC and AC.
The legal representative of the assessee stated that the evidence, part of the case file, is exhaustive and clearly defines all the legal relationships of the assessee. The legal representative added that SHISH provided no legal grounds on the reasons for the exclusion from the declassification of the updated report for the assessee Elfrida Bregova. The legal representative requested the trial panel through a written request, that, since the trial panel, as well as the Head of the Special Prosecution Office, has been acquainted with the classified report, to inform the court whether the updated report has any changes compared to the previous one. In the framework of a due process of law, this information would assist the assessee to maintain a position in case it was deemed necessary by the trial panel.
With regard to this request, on behalf of the trial panel, the presiding judge stated that the Chamber is not found in such circumstances that it may provide a conclusion regarding a report drafted by a working group established to this purpose, and informed as well that the trial panel has not found any issues on which it is necessary for the assessee to maintain a position.
Once the parties stated that they had no other procedural requests, the trial panel closed the judicial investigation and invited them to submit their final conclusions.
The Head of the Special Prosecution Office finally requested the Appeal Chamber the upholding of decision no. 524, dated 08.04.2022 of the Independent Qualification Commission, related to the assessee Elfrida Bregova. The legal representative of the assessee maintained the same position as the Head of the Special Prosecution Office.
Following the hearing the final requests of the parties, the trial panel closed the judicial review of the case and withdrew to make the final decision, to be announced on 13.03.2025, at 09:00.
The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.