Today, on 27.09.2022, at 10:00, the Appeal Chamber held the public plenary session of case (JD) 2/2021, dated 26.03.2021, with appellant Markelian Kuqo, against decision no. 633, dated 10.12.2020 of the High Judicial Council “On issuing a disciplinary measure against judge Markelian Kuqo” and interested parties, the High Judicial Council and the High Inspector of Justice.
The presiding judge informed that the parties were made available the decision of the High Court on the criminal case related to the appeal of the citizen G.Gj., for which decision-making the Chamber, by its interim decision dated 11.03.2022, has suspended the trial of the disciplinary jurisdiction case no. 2/2021, dated 26.03.2021.
The appellant Markelian Kuqo contested the AC decision to suspend the disciplinary proceedings, as a decision made in open infringement of the law, beyond the appeal grounds, and that it does not serve the fair resolution of the case. The appellant Markelian Kuqo requested the Chamber to make available the minutes of the session during which this decision was made.
The interested parties in this trial, the representatives of the High Judicial Council and the High Inspector of Justice, while submitting their position with regard to the decision of the High Court, requested the Chamber to revoke the interim decision dated 11.03.2022 on the suspension of the trial and the continuation of the proceedings, on grounds that the cause of its making does not exist anymore. The interested parties requested the collection of this decision as evidence and the submissions of the final conclusions of the case.
After withdrawing for consultation, the AC decided to reject the request of the appellant Markelian Kuqo for making available the minutes of the session, during which the suspension decision was taken, on grounds that this interim decision, made in chambers, is non-appealable, indisputable and as such, it is not subject to judicial debate.
The panel decided also to revoke the interim decision to suspend the trial, as the cause for its making is no longer existing, and to administer as evidence the decision of the High Court.
Furthermore, when the presiding judge requested the parties whether they had any other additional requests, the appellant Markelian Kuqo reiterated his position that the collection as evidence of the decision of the High Court deviates the grounds of the appeal, leads to a material and not a legal resolution of the case. The appellant requested that the contents of the High Court’s decision be considered in the context of the disciplinary proceedings and that in light of this decision, the interested parties, the High Judicial Council and the High Inspector of Justice held their position on the disciplinary violations.
The HJC and HIJ representatives stated that they would submit their positions regarding the High Court decision during the final conclusions.
Given that the appellant Markelian Kuqo requested an appropriate time period to submit the final conclusions, the AC decided to postpone the session to October 5, 2022, at 10:00 a.m.
The public session will take place in the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.
