Today, on 15.01.2024, at 09:00, the Appeal Chamber held the public hearing of case (JR) 33/2023, dated 20.07.2023, pertaining to the appeal of the Public Commissioner against decision no. 671, dated 14.06.2023, of the Independent Qualification Commission, related to the assessee Ylli Bashaj.
With regard to the findings and opinion of the International Monitoring Operation (IMO), the Public Commissioner held that they should be collected as evidence in the proceedings and should be considered and evaluated by the Chamber. The Public Commissioner stated that she will state her position with their regard in the final conclusions of the case.
The Public Commissioner submitted the appeal grounds for the asset assessment criterion, assessing that the circumstances resulting from the administrative investigation of the Independent Qualification Commission should be re-evaluated by the Chamber in order to reach a conclusion on the accuracy and truthfulness of the declarations of the assessee about the assets. The Public Commissioner evaluated that the appeal grounds shall have to be resolved during the evaluation of the case with the Chamber, on the basis of a complete investigation process, on the accurate and exhaustive analysis of the collected evidence and in the application of the principles of fair trial. The Public Commissioner requested the amendment of decision no. 671, dated 14.06.2023, of the Independent Qualification Commission, or its upholding.
The assessee disputed the findings of the International Monitoring Operation, stating that they exceed the appeal and are supported on circumstances that do not exist and did not occur. The assessee requested the Chamber to dismiss the findings of the International Monitoring Operation.
In addition to responding to some questions of the rapporteur of the case and the international observer with respect to the findings, the assessee submitted also his objections with regard to the appeal ground related to the asset assessment. The assessee requested the Appeal Chamber the upholding of decision no. 671, dated 14.06.2023, of the Independent Qualification Commission.
The trial panel, after being consulted, decided to accept as evidence the findings and the opinion of the International Monitoring Operation, and requested the Public Commissioner to take a position regarding the IMO findings, the concrete factual situation to which they refer, as well as addressing them in the appeal grounds. The trial panel assessed that this position is relevant to be maintained at this stage of the trial, not only to become part of the judicial debate, but also in compliance with the principle of due process of law.
Given that the Public Commissioner requested a reasonable time to maintain her position, the panel decided to postpone the hearing to January 19, 2024, at 10:00.
The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3., Tirana.