Today, on 28.04.2022, at 10:00, the Appeal Chamber held the public hearing of case (JR) 14/2021, dated 30.03.2021, pertaining to the appeal of the Public Commissioner against decision no. 325, dated 14.12.2020, of the Independent Qualification Commission related to the assessee Rilinda Selimi.
Prior to the beginning of the preliminary debate of the parties, the assessee submitted a preliminary request to be acquainted with the reasoning of the decisions of the Chamber related the dismissal of her requests on the recusal of some of the members of the trial panel.
After being consulted, the trial panel, pursuant to Article 75, paragraphs 1 and 2 of the Civil Procedure Code, decided to dismiss the request of the assessee, related to the adjournment of the hearing, but to provide the assessee the opportunity that at an appropriate time, become acquainted with the procedural acts related to the decisions of the Appeal Chamber, concerning her requests on the recusal of some of the trial panel members.
The assessee, pursuant to Article 297/a of the Civil Procedure Code submitted another preliminary request for the suspension of the trial of the case, until the termination of another criminal case, undertaken by the Special Prosecution office against Corruption and Organized Crime. In support of this request the assessee submitted also two written acts.
In his position about this request, the Public Commissioner stated that the assessee is not found in terms of Article 297/a of the Civil Procedure Code, as the transitional re-evaluation process is a process separate from any other type of proceedings and consequently, the trial at the Appeal Chamber should continue.
After hearing the position of the Public Commissioner and after being consulted, the trial panel decided to reject the request of the assessee, arguing that the trial at the Appeal Chamber is of a special nature and it does not overlap with proceedings of other natures; consequently, the request unfounded on the conditions provided for in Article 297/a of the Civil Procedure Code. Therefore, the trial panel decided the trial at the Chamber shall continue.
The Public Commissioner, while submitting the appeal grounds, filed with the Chamber the request to conduct a full investigation into the case through the administration of additional documents and information to the purpose of the review of the appeal. The Public Commissioner requested that the Appeal Chamber, after considering the appeal grounds and following an overall evaluation of the investigation results, to decide, alternatively, the amendment of decision no. 325, dated 14.12.2020, of the Independent Qualification Commission, or to uphold it.
Subsequently, the Judge Rapporteur of the case addressed some questions to the Public Commissioner related to clarifying the appeal grounds.
In circumstances the trial panel considered essential for the conduct of the trial the explanation by the Public Commissioner of the grounds of the appeal, it requested the Public Commissioner to submit the explanations in writing. Consequently, the hearing was adjourned to May 19, 2022, at 12:00.
The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.