Today, on 05.10.2022, at 10:00, the Appeal Chamber held the public plenary session of case (JD) 2/2021, dated 26.03.2021, with petitioner Markelian Kuqo, against decision no. 633, dated 10.12. 2020 of the High Judicial Council “On issuing a disciplinary measures against judge Markelian Kuqo” and interested parties, the High Judicial Council and the High Inspector of Justice.
During the submission of the final conclusions, the petitioner analyzed the content of the High Court decision in reference to the disciplinary proceedings, reiterating his position that this decision fails to respond his appeal, diverts it and, consequently, does not lead to a legal resolution to the case. The petitioner Markelian Kuqo requested in conclusion that the Chamber overrules the decision of the High Judicial Council, no. 633, dated 10.12.2020 “On issuing a disciplinary measure of his dismissal from office”.
The representatives of the interested parties, the High Judicial Council and the High Inspector of Justice submitted their positions on the disciplinary violations of the petitioner in the light of the decision of the High Court, maintaining that, contrary to the claims of the petitioner, the disciplinary proceedings against him have been carried out in full compliance with the law, as well as the due legal process principles. The HJC and HJI representatives held that in committing very serious disciplinary misconducts, the judge has violated the public’s trust in justice, and requested in conclusion that the Chamber dismisses the appeal of judge Markelian Kuqo and upholds the decision of the High Judicial Council, no. 633, dated 10.12.2020 “On issuing the disciplinary measure of his dismissal from office”.
Following the hearing of the final conclusions of the parties, the trial panel shall deliberate in chambers on decision-making to the case. The date of the announcement of this decision will be notified to the parties by the AC judicial secretariat.