The Appeal Chamber held today, on 20.09.2019, at 10:00 h, the public hearing of case (JR) no. 33/2018, dated 12.11.2018, corresponding to the appeal of the Public Commissioner against decision no. 58 dated 01.08.2018 of the Independent Qualification Commission related to the transitional re-evaluation of the assessee Besnik Muçi.

During the submission of the appeal grounds the Public Commissioner held that the assessee is found under financial incapacity to justify his assets upon legitimate sources, as well as that he made inaccurate and insufficient declaration of assets; consequently, the Public Commissioner requested the amendment of the IQC decision no. 58 dated 01.08.2018 and dismissal from office of the assessee.

The assessee opposed the appeal grounds of the Public Commissioner, considering them unfounded in law and evidences and requested the adjudication panel the opening of the judicial investigation and collection in the capacity of evidence of several acts submitted by him during the hearing.

The adjudication panel decided to collect as evidence the acts submitted in the framework of the appeal grounds related to the asset assessment criterion, considering them formally admissible, whereas with regard to their probative value they shall be analyzed in the context of the making of the final decision.

The adjudication panel dismissed the collection of evidence of a few acts submitted by the assessee related to the proficiency assessment criterion, as it found that they exceeded the appeal grounds limits of the Public Commissioner,  that relate solely to the asset assessment criterion.

With regard to the request of the Public Commissioner on collection as evidence of an information forwarded on 16.11.2018 to the Public Commissioner by the CSID, the adjudication panel ruled that since it is not part of the appeal, it shall review it once it is acquainted with and make an analysis of the information.

The chairperson of the panel stated that until the next hearing the adjudication panel shall assess the extent to which the assessee shall be informed on this material, which, according to the Public Commissioner, is claimed to be classified as “secret”. The adjudication panel shall determine in the same hearing whether this document shall be collected as evidence at trial.

The adjudication panel, in terms when the Public Commissioner requested time to make a statement on the probative value of the new evidences which the assessee requested to be taken into consideration through the re-opening of the judicial review, decided to hold the next hearing on 01.10.20199, at 12:00 h.

The public hearing shall be held at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana.