Today, on 04.03.2024, at 10:00, the Appeal Chamber held the public hearing of case (JR) 72/2021, dated 23.11.2021, pertaining to the appeal of the Public Commissioner against decision no. 442, dated 14.09.2021, of the Independent Qualification Commission, related to the assessee Juljan Çafka.
The assessee submitted some additional documents, which were accepted as evidence by the trial panel, and listed all the documentation submitted in view of the review of the case by the Appeal Chamber.
Once the parties stated that they had no other procedural requests, the trial panel decided to close the judicial investigation of the case and invited the parties to submit their final conclusions.
The Public Commissioner held that with regard to the proficiency assessment, the identified shortcomings are mostly related to elements that regard the organizational skills of the assessee and that they are such that may be corrected through a training program at the School of Magistracy.
According to the Public Commissioner, the one-year duration of this training program enables objectively the Chamber, within its constitutional mandate, to re-assess the fulfillment of the professional deficiencies of the assessee in a public hearing, where the constitutional competences of the Public Commissioner, under the provision of Article 179/b, paragraph 8 of the Constitution, shall be exercised by the Head of the Special Prosecution office (SPAK).
Finally, the Public Commissioner requested the amendment of decision no. 442, dated 14.09.2021, of the Independent Qualification Commission for the confirmation in office of the assessee Julian Çafka, his suspension from office for a period of one year and the obligation to follow the training program, according to the curricula approved by the School of Magistrates. The Public Commissioner requested also the transfer of two criminal cases for inspection by the HIJ, as decided by the Independent Qualification Commission, for which the Prosecution Office at Gjirokastra Judicial District Court had decided, respectively, the dismissal and non-initiation of the criminal proceedings.
The assessee, referring to the filed evidence, requested the Chamber the upholding of decision no. 442, dated 14.09.2021, of the Independent Qualification Commission and his reconfirmation in office.
After hearing the final conclusions of the parties, the trial panel closed the judicial review of the case and withdrew to take the final decision, to be announced on 05.04.2024, at 12:00.
The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.