Today, on 10.05.2024, at 09:00, the Appeal Chamber held the public hearing of case (JR) 1/2024, dated 09.01.2024, pertaining to the appeal of the Public Commissioner and the appeal of the appellant Besnik Maho against decision no. 714, dated 15.11.2023, of the Independent Qualification Commission.
During the verification of the presence of the parties, the presiding judge noticed again the absence of the appellant, Mr. Besnik Maho. With respect to this fact, the Public Commissioner reiterated his position for the continuation of the trial in the absence of the appellant.
During the presentation of his submissions, the Public Commissioner held that unlike the Independent Qualification Commission, he assesses that the appellant Mr. Besnik Maho meets the conditions to be an assessee and be submitted to the transitional re-evaluation process of judges and prosecutors. The Public Commissioner requested the Chamber to overrule decision no. 714, dated 15.11.2023, of the Independent Qualification Commission and order the IQC to initiate the administrative re-evaluation procedure for Mr. Besnik Maho.
In the absence of the appellant Besnik Maho, the presiding judge quoted his request according to the submissions sent electronically to the Chamber, via e-mail dated 05.06.2024: overruling decision no. 714, dated 15.11.2023, of the Independent Qualification Commission and granting the constitutional and legal right to be submitted to the vetting process as a judge who has exercised this office for 3 years, based on the provisions of Article 179/b, paragraph 4 of the Constitution. For the purpose of the minutes, the presiding judge cited the acts attached to the appeal and appellant’s submissions, which Mr. Maho requested the AC to collect in the capacity of evidence.
After being consulted, the trial panel decided not to accept the acts filed by the appellant Besnik Maho, as some of them were part of the IQC file and the rest were not filed in the proper legal form.
Following this interim decision, the Public Commissioner declared that he stood by the final request maintained at the conclusion of his submissions during today’s hearing.
The trial panel decided to close the judicial review of the case and withdrew to make the final decision, to be announced on 13.05.2024, at 15:00.
The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.