The Appeal Chamber registered on 15.10.2021 case JD no. 8/2021, with petitioner Hasan Roqi and object:

“1. Finding the absolute invalidity of the decision no. 949/8 dated 31.05.2021 of the High Inspector of Justice Office, in relation to magistrates: D. M. (prosecutor at SPAK); S. B. (judge at the High Court); S. D. (Judge at the Special Court of Appeal Against Corruption and Organized Crime); Dh. L (judge at the Special Court of Appeal Against Corruption and Organized Crime) upheld without a notification of decision by the Members of the Disciplinary Commission of the High Judicial Council, upheld by decision No. 9 dated 15.09.2021, of the Temporary Complaints Review Commission at the High Prosecutorial Council, supporting the impunity, lack of transparency, political influence and corruption, as decisions in direct violation and most arbitrarily of the European Convention on Human Rights, legislation of the International Criminal Court in The Hague, the Constitution of the Republic of Albania, Law no. 8577, dated 10.02.2000 “On the organization and functioning of the Constitutional Court of the Republic of Albania”, Civil Procedure Code, Criminal Procedure Code, Criminal Code, special laws, Law No. 115/2016 “On the governing bodies of justice system”, Law no. 84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, Law no. 96/2016 “On the status of judges and prosecutors in the Republic of Albania, Decisions of the Constitutional Court, legal, health, moral and financial interests of the petitioner and his family members.

  1. Holding disciplinary, civil, criminal, administrative liable the interesting subjects, the Members of the Discipline Commission in the HJC, the Members of the Temporary Complaints Review Commission in the HPC, defenders of the illegal unconstitutional activity of magistrates: D. M ., S. B., S. D., Dh. L., imposing disciplinary measures on these magistrates as well. Prohibition as a disciplinary measure on behalf of the requesting victim and his family members of three monthly salaries of the members of the Disciplinary Commission of the HJC and members of the Temporary Complaints Review Commission of the HPC.
  2. Provision of procedural guarantees by the Appeal Chamber, in the defense of the execution of the rights deriving from decision 76 dated 08.11.2000 of the Constitutional Court and special law, CM Instruction, no. 3 dated 21.06.1993, para 9/ç, on the implementation of Law no. 7698 dated 15.04.1993 “On the return and compensation of properties to former owners”, ordering the execution of its decision no. 76/2000, registration with the Cadaster of the real share of 37% of the Roqi family including 205 m2 plot and return in the possession of the property. Due to the prolongation of this time limit for non-execution of decision no. 76/2000 since 08.11.2000, as part of the proceedings, to be compensated with ALL 100,000 for each year of delay of its execution by the Constitutional Court.
  3. Compensation for pecuniary and non-pecuniary damage for 117 months from the date of the exclusion by the state criminal violence from the legitimate possession of the property, in flagrant violation of law and decision no. 76/2000 of the Constitutional Court, by the looting structures in power and the court, in the amount of Euro 70,200 for pecuniary damage and Euro 60,000 for non-pecuniary damage, Euro 10,000 for each of the 6 members of the Roqi family, robbed and violated by the criminal gang in power. Reconstruction of the residence was destroyed by order of the government, bringing it to the previous parameters: in the amount of ALL 4,000,000 (four million).
  4. Publication in the public media of the severe repressive, discriminatory, moral health, economic consequences of the Roqi family, by the structured criminal gang in power, the administration, SPAK court, supported by the Disciplinary Commission of the High Judicial Council, as well as the Temporary Review Complaints Commission of the High Prosecutorial Council. Publication of the restoration of Constitutional Rights by the Appeal Chamber.
  5. Protection of the life of the family members of the Roqi family, H. R., L. R., S. R., K. R., from the structured criminal gang.”

 

On 20.10.2021, the lot was drawn for the appointment of the rapporteur and members of the Preliminary Review Panel:

As per lot, the members of Preliminary Review Panel are:

Judge: Sokol Çomo

Judge: Rezarta Schuetz

Rapporteur: Ardian Hajdari