Today, on 04.07.2021, at 10:00, the Appeal Chamber held the public hearing of case (JR) 9/2022, dated 15.02.2022, pertaining to the appeal of the Public Commissioner against decision no. 491, dated 21.12.2021, of the Independent Qualification Commission related to the assessee Gjon Kodra.
The legal representative of the assessee filed a preliminary request, through which he requested the Chamber to partially reopen the investigation and lodge certain documents attached to the submissions, not included during the re-evaluation process conducted by the Independent Qualification Commission.
The panel assessed that this request of the assessee was not a preliminary one, but it was related to the consideration of the case on the merits and it would be addressed later, during the proceedings, once the court listened to the respective submissions of the parties.
During the submission of the grounds of the appeal, the Public Commissioner held that the assessee has made an inaccurate and insufficient declaration of his assets and requested the Chamber an in-depth investigation by conducting a complete financial analysis to this regard. The Public Commissioner stated that the decision of the Independent Qualification Commission for the confirmation in office of the assessee is exposed in its entirety regarding the asset assessment criterion, but also due to a potential situation of conflict of interest during the exercise of office of Mr. Gjon Kodra. The Public Commissioner requested the Chamber to consider the appeal grounds and, after an overall evaluation of the case, to decide the amendment of decision no. 491, dated 21.12.2021, of the Independent Qualification Commission and the dismissal from office of the assessee.
During the submission of his objections, the legal representative of the assessee disputed the Public Commissioner’s appeal grounds related to the asset assessment, stating that the decision no. 491, dated 21.12.2021, of the Independent Qualification Commission, for this criterion, is accurate, objective and founded in the law. As regards the claim of the Public Commissioner for a potential conflict of interest during the exercise of his duties, the legal representative stated that it does not stand, is unfounded and beyond the legal provisions. The assessee requested the upholding of decision no. 491, dated 21.12.2021, of the Independent Qualification Commission.
After being consulted, the trial panel decided by a majority vote to request to the Public Commissioner to conduct a complete financial analysis for the case and lodge it with the Chamber by July 12, 2022. This financial analysis shall be forwarded to the assessee for acquaintance and for him to take a position.
The trial panel decided also to open the judicial investigation of the case, administering as evidence the documents related to the submissions of the assessee, part of his preliminary request filed during the beginning of the hearing.
The court decided to postpone today’s hearing to July 18, 2022, at 10:00 a.m., during which the parties must be prepared for the final conclusions.
The public hearing will take place in the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.