Today, on 16.01.2024, at 10:00, the Appeal Chamber held the public hearing of case (JR) 12/2023, dated 15.03.2023, pertaining to the appeal of the Public Commissioner against decision no. 606, dated 21.12.2022, of the Independent Qualification Commission, related to the assessee Mariola Mërtiri.
During the submission of the appeal grounds, the Public Commissioner stated that she shares an opinion contrary to the one of the Independent Qualification Commission that decided the confirmation in office of the assessee. The Public Commissioner held that the assessee has failed to prove the opposite of the burden of proof for any of the three vetting criteria, asset, background and proficiency assessment. In conclusion of the submissions, the Public Commissioner requested the Appeal Chamber the consideration of the appeal grounds and at the conclusion of the comprehensive investigation of the case, to decide on the amendment of decision no. 606, dated 21.12.2022, of the Independent Qualification Commission, and the dismissal from office of the assessee, Ms. Mariola Mërtiri.
The assessee and her legal representative disputed the appeal grounds, maintaining that they do not stand and that they contradict the principles of lawfulness, objectivity and proportionality. In support of her claims, the assessee, Ms. Mariola Mërtiri, filed several documents, which she requested the panel to collect them as evidence. The assessee requested the upholding of decision no. 606, dated 21.12.2022, of the Independent Qualification Commission.
The Public Commissioner, when questioned by the presiding judge regarding some public denunciations, held that they do not contain circumstances or facts for further investigation.
After being consulted, the trial panel decided to reopen the judicial investigation of the case, accepting as evidence the documents filed by the assessee. The trial panel decided not to undertake further investigations into the denunciations, as they do not meet the requirements of Article 53 of Law no. 84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”.
Once the assessee responded to the detailed questions about the case of the international observer of the International Monitoring Operation, the trial panel decided to close the judicial investigation and invited the parties to submit their final conclusions.
In response to the parties’ request for sufficient time to submit the final conclusions, the trial panel decided to postpone the hearing to January 23, 2024, at 09:00.
The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.