2026-01-26 All day
The Appeal Chamber held on 15.12.2025, at 10:00, the public hearing of case (JR) 54/2023, dated 14.11.2023, pertaining to the appeal of the Public Commissioner against decision no. 698, dated 15.09.2023 of the Independent Qualification Commission, related to the assessee Gjergji Tako.
The presiding judge announced that Article 179/b, paragraph 8 of the Constitution of the Republic of Albania has set forth the transfer of powers from the Public Commissioner to the Head of the Special Prosecution Office. Pursuant to Article 199, paragraph 2 of the Civil Procedure Code, the trial panel decided the procedural transfer from the Public Commissioner to the Head of the Special Prosecution Office, represented in this case upon special authorization by the prosecutor of the Special Prosecution Office, Mr. Klodjan Braho, present at the hearing.
The representative of the Head of the Special Prosecution Office stated while filing the appeal grounds related to the proficiency assessment criterion, that he shares a different position from the one of the Independent Qualification Commission which, after ascertaining repeated professional deficiencies of the assessee, had decided his suspension from office and the obligation to attend the 1-year training at the School of Magistrates. Mr. Klodjan Braho stated that it turns out from the analysis of the documentation of the case file, that the assessee has failed to reach even the minimum qualification score for this criterion and that the issues found amount to such extent that the measure of dismissal from office should be applied.
The representative of the Head of the Special Prosecution Office also held that the conduct of the assessee outside the exercise of the position in relation to the implementation of the law has been evidenced, violating the ethics of a magistrate, which Mr. Braho requested the Chamber to take into consideration in the overall evaluation of the case.
The representative of the Head of the Special Prosecution Office maintained that during the AC proceedings, the assessee has the right to submit additional evidence and arguments while challenging the appeal, but referring to the current state of the acts, Mr. Braho requested the amendment of decision no. 698, dated 15.09.2023 of the Independent Qualification Commission and the dismissal from office of the assessee Gjergji Tako.
The assessee and his legal representative disputed the appeal, stating that the deficiencies identified during the exercise of his office were merely technical and did not only produce no consequences in the investigation of the criminal proceedings, but they are not such as to have undermined public confidence in justice or justify the request for the measure of dismissal from office. The assessee also stated that the training completed at the School of Magistrates has increased his proficiency in view of exercising his office. Mr. Gjergji Tako provided detailed explanations for each of the criminal proceedings part of the appeal, filing new acts in support of his claims, which he requested the trial panel to accept them as evidence.
With respect to the complaints, the representative of the Head of the Special Prosecution Office stated that only one complaint, the one of the citizen A. L, bears grounds for further investigation and requested the Chamber to open the judicial investigation in this context.
Subsequently, the assessee responded to several questions from the case rapporteur regarding the procedural actions undertaken by him in relation to the criminal proceedings addressed in this complaint.
The trial panel decided to open the judicial investigation, collecting as evidence all the acts lodged by the assessee and to not continue with the investigation of the complaints submitted with the Chamber for which the criteria of Article 53 of Law No. 84/2016 are not met.
The trial panel decided to investigate only the complaint of the citizen A. L, requesting from the Prosecution office at the First Instance Court of General Jurisdiction of Tirana, the First Instance Court of General Jurisdiction of Tirana and the Court of Appeal of General Jurisdiction of Tirana the procedural acts related to the criminal proceeding against this citizen.
Pending the response from the aforementioned institutions, the trial panel decided to postpone the hearing to 26.01.2026, at 09:00.
The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.