2025-10-06 All day
The Appeal Chamber held on 23.09.2025, at 10:00, the public hearing of case (JR) 55/2023, dated 24.11.2023, pertaining to the appeal of the Public Commissioner against decision no. 704, dated 09.10.2023 of the Independent Qualification Commission, related to the assessee Elidon Hysenaj.
The presiding judge announced that Article 179/b, paragraph 8 of the Constitution of the Republic of Albania and Article 199, second paragraph, of the Civil Procedure Code has set forth the transfer of powers from the Public Commissioner to the Head of the Special Prosecution Office, represented in this case upon special authorization by the prosecutor of the Special Prosecution Office Mr. Klodian Braho, present at the hearing.
During the submission of the appeal grounds on the proficiency assessment criterion, the representative of the Head of the Special Prosecution Office stated that, contrary to decision of the Independent Qualification Commission, the evidence in the case file is insufficient to assess whether the assessee reaches a reliable level for confirmation in office, and that it is necessary the verification of this data at the source, at the law enforcement agencies. Referring to the criminal proceedings administered by the assessee, Mr. Braho stated that the undertaking of investigative actions by him remains clearly unsubstantiated and requested the Chamber to decide alternatively, as a result of the new evidence that shall be administered during this proceedings, the amendment of decision no. 704, dated 09.10.2023 of the Independent Qualification Commission or its upholding. As to the the public complains, the representative of the Head of the Special Prosecution Office stated that they contain no circumstances to impact the case.
In disputing the appeal grounds, the assessee maintained that the claims of the representative of the Head of the Special Prosecution Office do not stand and are not supported on the evidence included in the criminal files of the administered cases. Mr. Hysenaj provided detailed explanations regarding the investigative actions undertaken for each of the criminal proceedings included in the appeal and filed new acts, which he requested the trial panel to collect as evidence. Regarding the complaints, the assessee stated that he shares the same position with the representative of the Head of the Special Prosecution Office.
After being consulted, the trial panel decided:
- To open the judicial investigation and accept as evidence the acts filed by the assessee, according to the inventory of today’s hearing and the letter from SPAK dated 12.09.2025, submitted by him recently.
- To be directly acquainted with the classified information, made known also to the Independent Qualification Commission within the framework of the case, at the law enforcement institutions that administer it.
- As to the denunciations, the trial panel, relying on the positions of the parties with their regard, as well as on the acts submitted by the assessee, held not to continue with further investigation, as not found in terms of Article 53 of Law no. 84/2016.
In the context of this decision-making, the trial panel decided to postpone the hearing to 06.10.2025, at 13:00, inviting the parties to be prepared for the final conclusions.
The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.
