Trupi gjykues i Kolegjit të Posaçëm të Apelimit, i përbërë nga Natasha Mulaj kryesuese, Sokol Çomo relator, Albana Shtylla, Ina Rama, Mimoza Tasi anëtare, shpalli vendimin për çështjen nr. 11/2023, datë 10.03.2023, që i përket ankimit të Komisionerit Publik kundër vendimit të Komisionit të Pavarur të Kualifikimit, nr. 607, datë 22.12.2022, që lidhet me subjektin e rivlerësimit Kledian Llaho.

Në përfundim të gjykimit, trupi gjykues, bazuar në nenin 66, pika 1, shkronja “b” e ligjit nr. 84/2016, “Për rivlerësimin kalimtar të gjyqtarëve dhe prokurorëve në Republikën e Shqipërisë”, në mënyrë unanime, vendosi:

Ndryshimin e vendimit nr. 607, datë 22.12.2022, të Komisionit të Pavarur të Kualifikimit dhe shkarkimin nga detyra të subjektit të rivlerësimit Kledian Llaho.

Ky vendim është përfundimtar dhe ka efekt të menjëhershëm.

U shpall sot, më datë 01.08.2025, në Tiranë.

The Appeal Chamber held on 30.07.2025, at 11:00, the public hearing of case (JR) 11/2023, dated 10.03.2023, pertaining to the appeal of the Public Commissioner against decision no. 607, dated 22.12.2022 of the Independent Qualification Commission, related to the assessee Kledian Llaho.

Following the interim decision of the previous hearing dated 23.07.2025, the presiding judge announced that the trial panel had been directly acquainted with the classified information, known by the Independent Qualification Commission within the framework of the case, from the law enforcement institutions that administer it. She also informed the parties that the AC had received the documentation requested by the First Instance Court of General Jurisdiction of Saranda and it had made it available to the parties, who confirmed their acquaintance with it.

With regard to this documentation, the Head of the Special Prosecution Office, Mr. Altin Dumani, stated that it should be administered in its entirety and subjected to the judicial review of the case. As to its validity and provability, Mr. Dumani reserved the right to submit his position during the final conclusions.

In this context, the assessee maintained that in reference to the appeal, only the decision-making that includes the period from 23.10.2024 to 25.11.2024 should be subject to consideration, since the remainder of the documentation is not related to the case and does not represent an interest with its regards.

After hearing the positions of the parties, the trial panel decided to administer as evidence all the documentation forwarded by the First Instance Court of General Jurisdiction of Saranda.

Subsequently, referring to the classified information upon which the trial panel was acquainted, the assessee submitted a request, through which he requested the Chamber to address the State Intelligence Service to verify the objectivity and veracity of this information. The trial panel, after hearing as well the position of the Head of the Special Prosecution Office regarding this request, decided to dismiss it, as unfounded in law and evidence.

Once the parties declared that they had no other procedural requests, the trial panel decided to close the judicial investigation and invited the parties to present their final conclusions on the case.

During the submission of the final conclusions, the Head of the Special Prosecution Office held that it remains proven that the assessee is found in terms of inconsistent, inaccurate and insufficient declaration of assets, whereas, with regard to the background assessment, information from law enforcement agencies indicates that his integrity should be considered deficient. As to the proficiency assessment, Mr. Dumani maintained that the assessee has not shown diligence to avoid being found in circumstances of conflict of interest and consequently he is found in conditions of violation of public trust in the justice system. In conclusion, the Head of the Special Prosecution Office requested the Chamber the amendment of decision no. 607, dated 22.12.2022 of the Independent Qualification Commission and the dismissal from office of the assessee Kledian Llaho.

During the submission of the final conclusions, the assessee stated that the appeal of the Public Commissioner, also supported by the Head of the Special Prosecution Office, is unsupported on law and evidence, but only on subjective perceptions, and it is in complete contradiction with the principles of objectivity and proportionality. The assessee stated that the evidence in the case file proves that he has reached a reliable level in all three assessment criteria, assets, background and proficiency, and finally requested the Appeal Chamber the upholding of decision no. 607, dated 22.12.2022 of the Independent Qualification Commission.

After hearing the final conclusions of the parties, the trial panel decided to withdraw in chambers to make the final decision, which it shall announce on 01.08.2025, at 10:00.

The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.