The Appeal Chamber held on 24.09.2025, at 10:00, the public hearing of case (JR) 12/2024, dated 29.03.2024, pertaining to the appeal of the Public Commissioner against decision no. 736, dated 31.01.2024 of the Independent Qualification Commission, related to the assessee Gentian Habazaj.
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 have 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. Adnan Xholi, present at the hearing.
During the submission of the appeal grounds related to the asset assessment criterion, the representative of the Head of the Special Prosecution Office held that the financial analysis carried out by the Independent Qualification Commission is unsupported on the acts of the case file and that the assessee has failed to convincingly prove the legitimate sources of the assets in use and the coverage of the made investments. As to the proficiency assessment criterion, Mr. Xholi stated that the reasoning of the assessee for the undertaken investigative actions remain of poor quality, lack logical and legal argumentation, and are unsubstantiated on the acts of the investigative file. The representative of the Head of the Special Prosecution Office requested the Chamber to decide the amendment of decision no. 736, dated 31.01.2024 of the Independent Qualification Commission and the dismissal from office of the assessee Gentian Habazaj.
During the submission of the objections, the assessee maintained that the appeal grounds do not stand, they are inconsistent with the evidence in the case file and that the conclusions drawn have been partially referred to the facts and documentation available. The assessee provided detailed explanations for each appeal ground related to the asset and proficiency assessment criteria and stated that the decision of the Independent Qualification Commission is fair, based on an in-depth investigation and should be upheld. In connection with the submissions, the assessee lodged some new acts, which the trial panel accepted as evidence.
Subsequently, to the purpose of the consideration of the case, the case rapporteur addressed several questions to the parties. The representative of the Head of the Special Prosecution Office stated that he would provide responses in the final conclusions, while the assessee provided explanations with their regard.
Once the parties declared that they had no other procedural requests, the trial panel decided to close the judicial investigation of the case and invited the parties to present their final conclusions. In order to give the parties time to prepare, it was decided to postpone the hearing on 14.10.2025, at 10:00.
The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.