Today, on 22.07.2021, at 08:30, the Appeal Chamber held the public hearing of case (JR) no. 9/2022, dated 15.02.2022, corresponding to the appeal of the Public Commissioner against decision no. 491, dated 21.12.2021, of the Independent Qualification Commission, related to the assessee Gjon Kodra.
Pursuant to the interim decision of the previous hearing dated July 18, 2022, the presiding judge announced that the trial panel has verified at the source the information on which the finding of the International Observer for the background assessment was based.
Subsequently, the presiding judge declared the closure of the judicial investigation and invited the parties to submit the final conclusions of the case.
During the submission of the final conclusions, the Public Commissioner stated that the assessee has failed to prove the contrary of the appeal, that he has made an inaccurate and insufficient declaration of assets and that he has failed to justify the legitimate sources for the creation of his properties.
As regard the background assessment, the Public Commissioner, in accordance with the IMO recommendation, the written submissions of the hearing dated July 4, 2022, as well as with the content of the IO finding, which, under Article 49, paragraph 10, of Law no. 84/2016, constitutes evidence that proves a fact, circumstance or legal standard, assesses that even though the method and time of the contact in this case constitutes a mitigating circumstance, it must be evaluated in terms of Article 4, paragraph 2, of Law no. 84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”.
In conclusion, the Public Commissioner requested the Chamber the amendment of decision no. 491, dated 21.12.2021, of the Independent Qualification Commission and the dismissal from office of the assessee Gjon Kodra.
The legal representative of the assessee stated that during the AC proceedings, the assessee has managed to indisputably prove the legitimacy of the sources of the creation of the assets, passing the assessment test for this criterion. The legal representative stated that the assessee has reached a reliable assessment for the background assessment and has reached a good qualifying level in the proficiency assessment. Finally, the legal representative requested the Chamber the upholding of decision no. 491, dated 21.12.2021, of the Independent Qualification Commission, and the confirmation in office of the assessee Gjon Kodra.
After hearing the final conclusions of the parties, the trial panel withdrew to make the final decision of the case, to be announced on July 27, 2022, at 15:00.
The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.