The Appeal Chamber held on 28.10.2025, at 10:00, the public hearing of case (JR) 47/2023, dated 19.10.2023, pertaining to the appeal of the Public Commissioner against decision no. 689, dated 24.07.2023 of the Independent Qualification Commission, related to the assessee Ervin Pollozhani.
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 submissions of the appeal grounds, the representative of the Head of the Special Prosecution Office stated that the assessee failed to prove the opposite of the burden of proof regarding the asset assessment criterion, that he is found in terms of incorrect and inconsistent declaration and has insufficient income to justify the legitimacy of the sources of the assets. The representative of the Head of the Special Prosecution Office stated that the assessee may lodge additional evidence and arguments during the proceedings at the Appeal Chamber to dispel the burden of proof, but referring to the current state of the acts, Mr. Braho requested the amendment of decision no. 689, dated 24.07.2023 of the Independent Qualification Commission and the dismissal from office of the assessee, Mr. Ervin Pollozhani.
The assessee submitted detailed explanations in opposition to the appeal grounds, stating that he fully covers his assets with legitimate sources and that some observed inaccuracies do not violate the legitimacy of the source of creation of his assets. In support of his claims, the assessee lodged some new acts attached to the submissions, which he requested the trial panel to collect them as evidence. Mr. Ervin Pollozhani requested that the Chamber, following the evaluation of the acts in the case file, based on the principle of proportionality and objectivity, decides the upholding of decision no. 689, dated 24.07.2023 of the Independent Qualification Commission.
When questioned by the presiding judge, the representative of the Head of the Special Prosecution Office stated that he had no objection regarding the admissibility as evidence of the documentation filed by the assessee.
Subsequently, to the purpose of the consideration of the case, the assessee responded to several questions of IMO’s International Observer.
As to the denunciations, the representative of the Head of the Special Prosecution Office stated that they contain no circumstances of interest for the process. The assessee shared the same position with the representative of the Head of the Special Prosecution Office, adding that he has provided exhaustive explanations regarding the denunciations as well as acts on which he supports his position.
After being consulted, the trial panel decided to open the judicial investigation of the case, accepting as evidence the acts attached to the submissions of the assessee, lodged with the Appeal Chamber on 21.10.2025. Taking into account the position of the representative of the Head of the Special Prosecution Office regarding the denunciations, the explanations of the assessee in this context, as well as after evaluating them and the acts filed by the assessee, the trial panel decided not to investigate further into them, as they fail to meet the requirements of Article 53 of Law no. 84/2016.
Once the parties declared that they had no other procedural requests, the trial panel decided to close the judicial investigation of the case, inviting them to submit their final conclusions on the case.
In order to give the parties reasonable time to prepare their final conclusions, the trial panel decided to postpone the hearing to 11.11.2025, at 09:00.
The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.
