Today, on 21.07.2021, at 10:00, the Appeal Chamber held the public hearing of the case (JR) 60/2020, dated 18.12.2020, regarding the appeal of the Public Commissioner filed against decision no. 316, dated 17.11.2020, of the Independent Qualification Commission related to the assessee Ibrahim Hoxha.
When the presiding judge was verifying the presence of the parties, noticed that the assessee or any of his legal representatives was not present in the courtroom.
After communicating all of the procedural steps taken by the Appeal Chamber regarding the notification of the assessee on the adjudication of his case with the Appeal Chamber, and given that the assessee did not appear in today’s hearing and has not made any communication with the Chamber through his e-mail address, the trial panel decided:
To request from the Independent Qualification Commission the assessee’s Vetting declaration, according to annex 2 of law 84/2016, in order to specify the e-mail address declared by the assessee for the purpose of this process and to proceed with the next procedural actions through this email address.
On this ground, the hearing was adjourned on 13.09.2021, at 10:00.
The public hearing shall take place at the premises of the Special Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana.
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Today, on 21.07.2021, at 11:30, the Appeal Chamber held the public hearing of the case (JR) 53/2019, dated 25.10.2019, related to the appeal of the Public Commissioner filed against decision no. 183, dated 19.07.2019 of the Independent Qualification Commission, corresponding to the assessee Petrit Çano.
Following the previous hearing, the presiding judge informed that the trial panel has done verifications with the informative institution regarding the documentation containing the data forwarded to the assessee, on which the report dated 30 June 2021 on the background assessment by the Classified Information Security Directorate, as well as has administered the letter forwarded by the relevant structure to the Appeal Chamber regarding the procedural status and treatment of classified information related to the assessee.
The presiding judge also informed that the Appeal Chamber has received a new denunciation in the name of the assessee, which has been forwarded to the parties.
Upon his request, the Public Commissioner was acquainted with the minutes kept by the trial panel during the verification of the data on which it was compiled the background assessment report for the assessee, dated 30 June 2021. The Public Commissioner stated that there are so many data in the minutes, and it is impossible to identify the concrete procedural circumstances that would legitimize his request for further investigation into the case. By reasoning that only the trial panel was acquainted with the documentation, the Public Commissioner stated that it is up to the Chamber to decide whether, based on the facts, legal circumstances or evidence administered, there is needed further investigation for the effect of the background assessment for the assessee or not.
Even the assessee, who was acquainted with the minutes, stated that it is on the Chamber’s view to make a decision whether there will be further investigation in this context or not, because according to him, he can’t identify any data related to the background assessment.
Regarding the new denunciation, the parties shared the same position, stating that the assessee does not appear to have had a procedural position in the case to which the complainant refers to.
The presiding judge asked the Public Commissioner if he deems that he should be acquainted with the documentation, on which the background report for the assessee has been compiled.
Following the response of the Public Commissioner stating that it is on the Chamber’s view to make a decision, the trial panel decided to give to the Public Commissioner a reasonable time to get acquainted with the relevant acts. On these grounds, the hearing was adjourned on 30.07.2021, at 10:00.
The public hearing shall take place at the premises of the Special Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana.