The Appeal Chamber held on 02.04.2025, at 10:00, the public hearing of case (JR) 36/2022, dated 29.07.2022, pertaining to the appeal of the Public Commissioner against decision no. 539, dated 08.06.2022, of the Independent Qualification Commission, related to the assessee Hysni Mulaj.
The presiding judge announced that Article 179/b, paragraph 8 of the Constitution of the Republic of Albania and Article 199 of the Code of Civil Procedure have set forth the transfer of powers 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. Klodian Braho, present at the hearing.
Mr. Braho submitted the appeal grounds related to the asset assessment, considering that the IQC decision is not in accordance with the state of the facts and evidence administered in the case file, and that the assessee has failed to prove the legitimacy of the source of creation of his assets. The Prosecutor of the Special Prosecution Office, Mr. Braho, requested the amendment of the IQC decision no. 539, dated 08.06.2022 and the dismissal from office of the assessee Hysni Mulaj.
The legal representative of the assessee maintained that the appeal grounds do not stand, that they are unfounded in law and evidence, and submitted in detail the objections with their regard, and several acts that she requested the trial panel to collect as evidence The assessee requested the upholding of decision no. 539, dated 08.06.2022, of the Independent Qualification Commission, related to the assessee Hysni Mulaj.
Subsequently, in view of the consideration of the case, the assessee responded to several questions of the case rapporteur and the observer of the International Monitoring Operation.
Given that the written explanations of the assessee regarding a public complaint were forwarded to him by the Chamber, the prosecutor of the Special Prosecution Office, Mr. Braho, stated that this complaint contains no circumstances or facts for further investigation. He stated his support for opening the judicial investigation of the case, in order to obtain the new evidence, which will be assessed in relation to the appeal grounds.
After being consulted, the trial panel decided to open the judicial investigation, accepting as evidence the documentation lodged by the assessee, and decided not to investigate the public complaint. The next hearing, where the parties must also be prepared for the final conclusions, shall take place on 07.04.2025, at 14:00.
The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.