2025-12-15 All day
The Appeal Chamber held on 04.12.2025, at 10:00, the public hearing of case (JR) 45/2023, dated 12.10.2023, pertaining to the appeal of the Public Commissioner against decision no. 682, dated 10.07.2023 of the Independent Qualification Commission, related to the assessee Enklid Gjini.
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.
During the submission of the appeal grounds, the representative of the Head of the Special Prosecution Office, Mr. Klodjan Braho, stated that the assessee is found in terms of inaccurate and insufficient declaration of assets, and his statements in the vetting declarations are inconsistent and fictitious, whereas with regard to the proficiency assessment criterion, he requested the Chamber to take into consideration, within the framework of the overall evaluation for all three criteria, the findings in the appeal regarding the undertaking of investigative actions by the assessee during the exercise of his office. As to the background assessment criterion, Mr. Klodjan Braho stated that, based on the referral of law enforcement agencies, the Independent Qualification Commission has failed to fully and comprehensively investigate two criminal proceedings administered by the assessee, in order to exclude the eventuality of the situation of the assessee being found in terms of the application of Article 61, paragraph 5 of Law no. 84/2016, violating public trust in the justice system.
The representative of the Head of the Special Prosecution Office stated that during the AC proceedings, the assessee has the right to file additional evidence and arguments challenging the appeal, but referring to the current state of the acts, Mr. Braho requested the amendment of the decision no. 682, dated 10.07.2023 of the Independent Qualification Commission and the dismissal from office of the assessee Enklid Gjini.
The assessee provided detailed explanations regarding the appeal, objecting to it as unfounded in law and evidence, as a selective, unsubstantiated reading that fails to pass the test of provability and proportionality. The assessee requested the opening of a judicial investigation, requesting the Appeal Chamber to administer as evidence new acts in support of his claims.
With regard to the denunciations, the representative of the Head of the Special Prosecution Office and the assessee shared the same position that they contain no circumstances for further investigations.
After being consulted, the trial panel decided to open the judicial investigation, collected as evidence the acts submitted by the assessee attached to the submissions and the acts lodged in today’s hearing, except for the act “Document of the American Investment Bank”, which is part of the file.
With regard to the complaints, the trial panel decided not to investigate further, as there are no circumstances that meet the requirements of Article 53, Law 84/2026.
With respect to the background assessment criterion, the trial panel decided to be acquainted directly with the classified information, made known to the Independent Qualification Commission within the framework of the case, at the law enforcement institutions that administer it.
Once the assessee responded to several questions of the International Observer of the International Monitoring Operation in view of the examination of the case, the trial panel decided to close the judicial investigation and upon an interim decision, decided to postpone the judicial hearing to 15.12.2025, at 09:00, inviting the parties to be prepared for the final conclusions. In the context of clarity for the preparation of the final conclusions, the trial panel invited the Head of the Special Prosecution, or his authorized representative, if they deem it necessary, to access for consultation at the premises of the Chamber the classified file in charge of the assessee, administered in the IQC file, as an integral part of it, or any other action that they will consider necessary in order to clarify the final investigation.
The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.