Today, on 26.07.2021, at 09:00, the Appeal Chamber held the public hearing of the case (JR) 12/2021, dated 03.03.2021, regarding the appeal of the Public Commissioner filed against the decision no. 324, dated 11.12.2020, of the Independent Qualification Commission related to the assessee Sokol Ngresi.
In response to the interim decision of the previous hearing, dated July 7, 2021, the presiding judge communicated that the Appeal Chamber had received the documentation it requested, except for one response from the State Cadaster Agency.
Contrary to the Public Commissioner, the assessee stated that some of the submitted acts should not have been taken into consideration by the trial panel, as according to him, they did not meet the legal criteria to be accepted as evidence, as they were forged. In this context, the assessee submitted several new acts, and asked the panel to accept them as evidence.
After being consulted, pursuant to Article 213 of the Code of Civil Procedure and Article 49 of Law 84/2016, the trial panel decided to accept in the quality of evidence the acts delivered to the Appeal Chamber in response to the interim decision of the previous hearing, as well as the acts submitted in today’s hearing by the assessee.
Pursuant to Article 50, paragraph 6, of Law 84/2016, the trial panel decided to verify the reasons why the State Cadaster Agency did not send the requested information, taking into account the legal responsibility that shall be borne by the relevant institution, in case of non-cooperation.
The Public Commissioner stated that the claims of the assessee are not supported by any of the acts received by the Appeal Chamber in response to the interim decision of the previous hearing.
The assessee requested the trial panel to hold a closed hearing, because according to him, for the purpose of the case review, he will submit personal and confidential data that should be analyzed without the presence of the public.
Regarding this request of the assessee, the trial panel reserved the right to state its position in another moment, after having done the following procedural actions:
Based on article “Ç”, paragraph 4 of the Annex of the Constitution and article 49, paragraph 1, item “b” of law 84/2016, the trial panel decided:
– To summon as a witness the citizen F.K and order him to submit some original acts to the Special Appeal Chamber, for the purpose of the case review.
On these grounds, the court hearing was adjourned to be held on 09.09.2021, 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.