On 14.01.2025, at 10:00, the Appeal Chamber held the public hearing of case (JR) 10/2022, dated 15.02.2022, pertaining to the appeal of the Public Commissioner against decision no. 479, dated 03.12.2021 of the Independent Qualification Commission, related to the assessee Arben Dosti.
The presiding judge informed that the constitutional term of the Public Commissioners has ended and under such circumstances, pursuant to Article 179/b, paragraph 8 of the Constitution of the Republic of Albania and Article 199, paragraph 2 of the Civil Procedure Code, the trial panel decided to transfer the procedural transfer of the party at trial from the “Public Commissioner” to the “Head of the Special Prosecution Office”, for the further continuation of the trial of the case.
The presiding judge informed that the trial panel had been acquainted with the information of the law enforcement agencies, which was also notified to the Independent Qualification Commission in the framework of the vetting process for the assessee Arben Dosti.
In accordance with the tasks assigned by the trial panel with the interim decision of the hearing dated 19.12.2024, the assessee had filed documentation with the Chamber with regard to the three denunciations, forwarded to the Head of the Special Prosecution Office, who confirmed their receipt. Also, a new denunciation, received by the Chamber a day before, was forwarded to the parties.
Referring to the acts, the assessee challenged the claims raised in the denunciations, while his legal representative requested the Chamber that, if the explanations of the assessee are considered insufficient, to invest in obtaining the files of the cases under review with the High Court and in two Courts of Appeal of General Jurisdiction, related to the denunciations.
Subsequently, the assessee responded to several questions of the rapporteur, to the purpose of the consideration of the case.
With regard to the new denunciations, the Head of the Special Prosecution office held that it contain no sufficient facts or circumstances for further investigations or that may affect the appeal grounds for the proficiency assessment criterion.
After being consulted, the trial panel decided:
• To accept as evidence the documents filed by the assessee related to the denunciations.
• To dismiss the request of the assessee to address the High Court and the two Courts of Appeal of General Jurisdiction, since the documents that could be forwarded are considered unnecessary in the context of the further examination of this case.
The assessee submitted, in the form required by law, a document from Greece on his judicial status, regarding which the Head of the Special Prosecution Office stated that it appears correct from a formal point of view.
The trial panel decided to administer this document as evidence as well.
The assessee repeated his requests submitted in previous hearings, related to the background assessment criterion: acquaintance with the CISD report to express his position regarding the information contained therein and the verification of his fingerprints. With respect to these requests, the Head of the Special Prosecution Office stated that they should be dismissed, as the trial panel expressed its opinion in their regard in the hearing dated 19.12.2024 and there were no new circumstances to reconsider them.
The presiding judge stated that the trial panel maintains the same position previously expressed regarding these requests.
Subsequently, the trial panel decided to close the judicial investigation of the case and invited the parties to submit their final conclusions in the next hearing to be held on 27.01.2025, at 11:00.
The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3. Tirana.