Today, on 31st of January 2019, at 12.00 h., the adjudication panel of the Appeal Chamber composed of, Chairperson Sokol Çomo, Rapporteur Albana Shtylla, and members, Ardian Hajdari, Natasha Mulaj, and Rezarta Schuetz, announced the decision of case (JR) no. 15/2018, dated 11.09.2018 corresponding to the appeal of the assessee Mr. Artan Lazaj against the Independent Qualification Commission decision no. 34, dated 11.07.2018.

The adjudication panel considers that the failure to consider the request of the assesse Artan Lazaj for the recusal of Commissioner Bekteshi from the further review of the case from another IQC adjudication panel constitutes serious procedural breach, violating the principle of due legal process and the principle of judgment by an impartial tribunal; therefore, it is invalid. For these reasons, the adjudication panel decides overruling IQC decision no. 34 dated 11.07.2018.

Regardless the fact that the Appeal Chamber finds IQC decision no. 34 dated 11.07.2018 invalid and overrules it, pursuant to Article F, paragraph 3, of the Annex to the Constitution, it cannot transfer back to the Commission the case of the re-evaluation of the assessee Artan Lazaj, but it has carried out itself the re-evaluation process since the time it found the serious procedural breach during the hearing at the Independent Qualification Commission.

The adjudication panel, following a thorough review of the appeal in a public hearing, by a majority vote, pursuant to Article D, paragraphs 3 and 5, and Article F, paragraph 3, of the Constitution, Articles 33, 61, paragraph 3, and 66, paragraph 1, item ‘c’, of Law no. 84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”,

Decided:

  1. Overruling decision no. 34, dated 11.07.2018 of the Independent Qualification Commission corresponding to the assessee Artan Lazaj.
  2. Dismissal from office of the assessee Artan Lazaj.
  3. This decision is final and has immediate effect.

The minority composed of member judges Ardian Hajdari and Rezarta Schuetz voted against the decision, as they consider that the IQC decision no. 34, dated 11.07.2018 should have been upheld.

Announced today, in Tirana, on 31.01.2019.