The Appeal Chamber registered on 15.10.2021 case JD no. 7/2021, with petitioner Hasan Roqi and object:

“1. Finding the invalidity of upholding tacitly decision no. 2305/1 dated 26.05.2021 of the of High Inspector of Justice Office, without a notification decision, by the members of the Disciplinary Commission at the High Judicial Council, in relation to magistrate A.V., in the context of supporting impunity, lack of transparency, political influence and corruption, in direct violation of the Constitution of the Republic of Albania, European Convention on Human Rights, Law no. 8577, dated 10.02.2000 “On the organization and functioning of the Constitutional Court of the Republic of Albania” and its decision no. 76/2000, Civil Procedure Code, special laws, Law No. 115/2016 “On the governing bodies of the justice system”, Law no. 84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, Law no. 96/2016 “On the status of judges and prosecutors in the Republic of Albania”, Constitutional Court Decisions, legal, well-being, moral and financial interests of the petitioner and his family members.

  1. Holding disciplinary liable the interested subjects, defenders of the illegal activity of the HJC candidate, magistrate A. V. and taking disciplinary measures for this magistrate as well. Imposition of the measure of prohibition of three monthly salaries against the three members of the Disciplinary Commission of the High Judicial Council, for non-compliance with the Constitution of the Republic of Albania and ECHR, in open support of their violation, actions which have led to the victimization of the Roqi family, increasing further the stress, for impunity of the offense in the justice system and prolongation of the execution of a final court decision upheld by the Constitutional Court, in violation of legal certainty of the special law, since 23 years.
  2. Provision of procedural guarantees by the Appeal Chamber, in defense of the execution of the rights deriving from decision 76 dated 08.11.2000 of the Constitutional Court and special law, CM Instruction, no. 3 dated 21.06.1993, para 9/ç, on the implementation of Law no. 7698 dated 15.04.1993 “On the return and compensation of properties to former owners”, ordering the execution of its decision no. 76/2000 and due to the prolongation of its execution since 23 years, due to the violations by the state bodies and the courts of law, to award an indemnity of ALL 100,000 for each year of delay.
  3. Compensation for pecuniary and non-pecuniary damage for 4 years by the HJC candidate, magistrate A. V., since the date of his decision no. 1922 dated 13 September 2017 of Tirana Court of Appeals, in the amount of Euro 28,600 for pecuniary damage and Euro 30,000 for non-pecuniary damage.
  4. Publication in the public media and in the School of Magistrates as a case, as a corrupt and criminal decision, of the decision no. 1922 dated 13 September 2017 of Tirana Court of Appeals, as an open robbery of a citizen, in flagrant violation of law and Constitution of the Republic of Albania and decision no. 76/2000 of the Constitutional Court, for abuse of office, in complicity with the organized crime, by the magistrate lecturer A.V., appointed as a member of the High Court after the decision archived with legal malice by the HJI and HJC, and now an HJC candidate.”

 

On 20.10.2021, the lot was drawn for the appointment of the rapporteur and members of the Preliminary Review Panel:

 

As per lot, the members of Preliminary Review Panel are:

 

Judge: Natasha Mulaj

Judge: Ina Rama

Rapporteur: Rezarta Schuetz