Today, on 09.06.2021, at 10:00, the Appeal Chamber held the public hearing of the case (JR) 53/2019, dated 25.10.2019, regarding the appeal of the Public Commissioner filed against decision no. 183, dated 19.07.2019 of the Independent Qualification Commission, corresponding to the assessee Petrit Çano.
Following the preceding hearing, the presiding judge communicated the parties that the Appeal Chamber had received the answers of the CISD, the answers of the Kruja Judicial District Court, as well as a recently filed denunciation with the Appeal Chamber. After the parties confirmed that they had gotten acquainted with the documentation, the trial panel decided to accept the acts as evidence.
The Public Commissioner stated that based on the updated report submitted by the CISD regarding the background assessment for the assessee pursuant to Article 39 of Law 84/2016, partially declassified, there are data that need to be analyzed at their source.
Regarding the materials sent by Kruja Judicial District Court, the Public Commissioner reserved the right to express himself after being acquainted with the position of the assessee. The Public Commissioner stated that it is in the Chamber’s view to assess the denunciation filed in the name of the assessee.
The assessee, through the legal representative, objected to the findings of the CISD report, adding that he could not express specifically on several issues of this report, which he described as being theoretical.
Regarding the materials sent by Kruja Judicial District Court, the assessee reiterated his position that he has applied the procedural rules in all the practices that he has carried out.
The assessee objected the claims raised in the denunciation and in support of this position, he filed new acts, and asked the trial panel to accept them as evidence.
Upon an interim decision, the trial panel pursuant to article Ç, paragraph 4, of the Annex to the Constitution and articles 21 and 22 of law no. 8457, dated 11.02.1999 “On information classified as state secret”, as well as articles 39, paragraph 2; 47 and article 49, paragraph 1, letter c, of law 84/2016, decided:
– To verify with the reporting institution “Classified Information Directorate” the documentation that contains the data forwarded for the assessee, on which has been drafted the background assessment report, dated 30 June 2021.
– To request information from the relevant structures for the current status on the treatment of information related to the assessee, forwarded to these structures by the informing institution.
Also, the trial panel after reviewing the acts submitted by the assessee regarding the denunciation, decided not to initiate investigations, as it does not appear that they contain facts and circumstances that require the initiation of investigation, within the meaning of Article 53 of the law. 84/2016.
Pending the answers, the trial panel decided to adjourn the public hearing on 21.07.2021, at 11:30.
The public hearing shall take place at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana.