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The Appeal Chamber held on 16.01.2020, at 10:00 h, the public hearing of case (JR) no. 40/2018, dated 18.12.2018, corresponding to the appeal of the Public Commissioner against decision no. 63 dated 06.08.2018 of the Independent Qualification Commission related to the transitional re-evaluation of the assessee Arben Dollapaj.

The chairperson stated that besides the Ministry of Tourism and Environment the other state institutions provided responses related to the additional documentation requested by the Appeal Chamber to the purpose of review of the case.

In response to the request of the adjudication panel in the previous hearing, the Public Commissioner stated his assessment on the way the public submissions were handled. The Public Commissioner considered that he has reflected in the appeal grounds the information of a part of the submissions, whereas with regard to the rest, he stated that they do not contain sufficient grounds for further investigation by the Appeal Chamber.

In response to the appeal grounds, the assessee submitted some new additional acts, which he requested the panel to be admitted as evidences.

The adjudication panel decided to make available to the parties the responses of the state institutions, whereas it shall make available to the assessee the public submissions as well.

In order to provide the necessary time to the parties to make a statement with regard to the form and content of the materials presented in this hearing, the adjudication panel decided to interrupt the hearing and resume it on 04.02.2020, at 10:00 h.

The public hearing shall be held at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana.

On Thursday, 06.02.2020, at 10:00 h, the Appeal Chamber shall review in a public hearing case (JR) no. 13/2019, dated 27.02.2019, corresponding to the appeal of the Public Commissioner against decision no. 90, dated 20.12.2018 of the Independent Qualification Commission related to the transitional re-evaluation of the assessee Adnand Kosova.

The adjudication panel of this case is composed of judges:

Chairperson:              Sokol Çomo

Rapporteur:               Ina Rama

Members:                   Ardian Hajdari, Natasha Mulaj, Rezarta Schuetz

The public hearing shall be held at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana.

On Tuesday, 24.03.2020, at 10:00 h, the Appeal Chamber shall review in a public hearing case (JD) no. 1/2019, dated 19.12.2019, corresponding to the appeal of the Mr. Tom Dedaj against decision no. 22, dated 28.01.2019 of the High Prosecutorial Council.

The case shall be reviewed by judges:

Natasha Mulaj             President of the Appeal Chamber

Albana Shtylla            Member of the Appeal Chamber

Ardian Hajdari            Member of the Appeal Chamber

Ina Rama                     Member of the Appeal Chamber

Luan Daci                   Member of the Appeal Chamber

Rezarta Schuetz          Member of the Appeal Chamber

Sokol Çomo                Member of the Appeal Chamber

The public hearing shall be held at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana.

On Wednesday, 04.03.2020, at 09:00 h, the Appeal Chamber shall review in camera case (JR) no.9/2019, dated 12.02.2019, corresponding to the appeal of the assessee Izet Kadana against decision no. 92, dated 20.12.2018 of the Independent Qualification Commission.

The adjudication panel of this case is composed of judges:

Chairperson:              Ina Rama

Rapporteur:               Rezarta Schuetz

Members:                   Ardian Hajdari, Luan Daci, Sokol Çomo

The in camera hearing shall be held at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana.

The Appeal Chamber held on 11.02.2020, at 10:00 h, the public hearing of case (JR) no. 12/2019, dated 22.02.2019, corresponding to the appeal of the Public Commissioner against decision no. 84 dated 27.11.2018, of the Independent Qualification Commission, related to the transitional re-evaluation of the assessee Besnik Cani.

Alleging to have addressed the Constitutional Court and the Special Anti-Corruption Structure with regard to the termination of the mandates of judges Ardian Hajdari and Luan Daci, the defense counsel of the assessee, by a preliminary request, required the suspension of the review of case (JR) no. 12/2019, dated 22.02.2019, under Article 297 of the Civil Procedure Code.

Following the deliberation, the Chairperson stated that the panel decided to dismiss the preliminary request, as not being in terms of Article 297 of the Civil Procedure Code, and invited the Public Commissioner to submit his position on the entirety of the evidences deposited up to this stage of the trial.

The Public Commissioner stated to stand by all appeal grounds, since, even after analyzing the new evidences submitted by the assessee at the previous hearing, it is not proven the contrary of the appeal. The assessee and his lawyer objected the Public Commissioner’s submission on the grounds of the appeal.

By an interim decision, the panel decided to open the judicial investigation in view of the grounds of the appeal and new evidences that were administered and became part of the case file.

Given that neither the assessee nor the Public Commissioner submitted any request for lodging new additional evidences, the adjudication panel decided to close the judicial review and invited the parties to submit their final conclusions at the next hearing to be held on 18.02.2020, at 11:00 h.

The public hearing shall be held at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana.

The Appeal Chamber held on 18.02.2020, at 11:00 h, the public hearing of case (JR) no. 12/2019, dated 22.02.2019, corresponding to the appeal of the Public Commissioner against decision no. 84 dated 27.11.2018, of the Independent Qualification Commission, related to the transitional re-evaluation of the assessee Besnik Cani.

During this hearing the parties submitted their final conclusions. The Public Commissioner stated to stand by all appeal grounds, as even with the new evidences, the assessee failed to prove the contrary of the grounds of the appeal. The Public Commissioner requested the amendment of decision no. 84 dated 27.11.2018, of the Independent Qualification Commission and dismissal from office of the assessee.

The legal representative of the assessee requested the panel to re-open the judicial investigation to enable the assessee to file a new evidence in response to the grounds of appeal.

The adjudication panel decided to dismiss this request, as not being in terms of Article 304 of the Civil Procedure Code.

The assessee and his defense counsel submitted their objections to each ground of appeal of the Public Commissioner, considering them as unfounded in law and evidences and requested the upholding of decision no. 84 dated 27.11.2018, of the Independent Qualification Commission.

Following the hearing of the final conclusions of the parties, the adjudication panel withdrew to make the final decision on the case, to be announced on 27.02.2020, at 10:00 h.

The public hearing shall be held at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana.

The Appeal Chamber held on 19.02.2020, at 10:00 h, the public hearing of case (JR) no. 10/2019, dated 29.02.2019, corresponding to the appeal of the Public Commissioner against decision no. 86 dated 17.12.2018 of the Independent Qualification Commission related to the transitional re-evaluation of the assessee Alma Kolgjoka.

During the submission of the grounds of the appeal related only to asset criteria, the Public Commissioner, through a preliminary request, required the Appeal Chamber to make a decision whether a family member of the assessee was to be qualified as other related person, and once the panel made a decision with regard to this qualification, he would comment on the request concerning investigations related to the case in question. The Public Commissioner requested the upholding or amendment of decision no. 86 dated 17.12.2018 of the Independent Qualification Commission.

The assessee rejected the appeal grounds of the Public Commissioner, considering them unfounded in law and evidences and required the upholding of IQC decision no. 46, dated 17.12.2018.

The Court held that with regard to the legal relationship between the assessee and her family member, and qualification of this person as other related person it cannot not make a statement at this stage of the trial, as this matter shall be considered in the final decision.

Subsequently, the Public Commissioner requested the panel to carry out a financial analysis to verify the legitimacy of the source of creation of property residential apartment in Tirana.

In view of the request of the Public Commissioner to conduct a financial analysis, in order to verify the relationship that the family members of the assessee had with property residential apartment in Tirana, the adjudication panel of the Chamber decided to open the investigation, seeking further information and submission of acts on concluded contracts and carried out payments to Water Supply Enterprise, Power Supply Enterprise, investing commercial and undertaking companies related to the construction of this apartment, as well as the National Notary Chamber, related to legal acts drafted in this respect.

As per above, the adjudication panel requested the assessee that if she considers necessary, she may submit possible arguments, evidences and explanations.

Pending the receipt of the above responses, the adjudication panel decided to adjourn the hearing on 25.03.2020, at 10:00 h.

The public hearing shall be held at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana.

The Appeal Chamber has registered the case (JR) no. 10/2020, dated 17.02.2020, corresponding to the appeal of the assessee Arjan Balliu against decision no. 211 dated 18.11.2019 of the Independent Qualification Commission.

The lot was drawn today on 19.02.2020 at the Appeal Chamber to assign the adjudication panel, the Chairperson and the Rapporteur of the case.

The adjudication panel, assigned by lot, consists of judges:

Chairperson:  Natasha Mulaj

Rapporteur:   Rezarta Schuetz

Members:       Ardian Hajdari, Ina Rama, Albana Shtylla

The Appeal Chamber has registered the case (JR) no. 9/2020, dated 13.02.2020, corresponding to the appeal of the assessee Agim Bendo against decision no. 216 dated 04.12.2019 of the Independent Qualification Commission.

The lot was drawn today on 19.02.2020 at the Appeal Chamber to assign the adjudication panel, the Chairperson and the Rapporteur of the case.

The adjudication panel, assigned by lot, consists of judges:

Chairperson: Ardian Hajdari

Rapporteur:   Luan Daci

Members:       Ina Rama, Natasha Mulaj, Rezarta Schuetz

On Thursday, 20.02.2020, at 10:00 h, the Appeal Chamber reviewed in camera case (JR) no.5/2019, dated 28.01.2019, corresponding to the appeal of assessee Shpëtim Kurti against decision no. 80 dated 23.11.2018 of the Independent Qualification Commission.

In order to be acquainted with a “state secret” classified information, the panel decided to suspend the hearing and adjourn it on 11.03.2020, at 10:00h.

The adjudication panel of this case is composed of judges:

Chairperson: Rezarta Schuetz

Rapporteur:   Sokol Çomo

Members:       Albana Shtylla, Ina Rama, Natasha Mulaj

The hearing in camera shall be held at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana.

The Appeal Chamber held on 25.02.2020, at 11:00 h, the public hearing of case (JR) no. 40/2018, dated 18.12.2018, corresponding to the appeal of the Public Commissioner against decision no. 63 dated 06.08.2018 of the Independent Qualification Commission related to the transitional re-evaluation of the assessee Arben Dollapaj.

During this hearing the parties stated their position with regard to the response forwarded by SPAK, related to the request of the Appeal Chamber to this body in the context of a denunciation received about the assessee.

The assessee considered complete the request of the Appeal Chamber in this context, and the response of the SPAK as exhaustive, according to which, there is no criminal proceedings registered in the name of the assessee.

The parties debated over several new acts that the assessee filed during this hearing in the context of the appeal grounds related to the assets, which he requested to be collected as evidence.

Stating his position with regard to these new acts, the Public Commissioner held that they constitute no new element that could respond to the appeal.

Following deliberations, the adjudication panel, by majority vote, decided to admit the new evidences and make them part of the judicial review.

The panel decided to close the judicial review and invited the parties to submit their final conclusions at the next hearing to be held on 05.03.2020, at 08:30 h.

The public hearing shall be held at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana.

The Appeal Chamber held on 06.02.2020, at 10:00 h, the public hearing of the case (JR) no.13/2019, dated 27.02.2019, corresponding to the appeal filed by the Public Commissioner against the decision no. 90, dated 20.12.2018 of the Independent Qualification Commission related to the transitional re-evaluation of the assessee Adnand Kosova.

The Public Commissioner submitted the grounds of appeal related to the assets criteria, by requesting the amendment of the decision no. 90, dated 20.12.2018 of the Independent Qualification Commission and the dismissal from office of the assessee.

The assessee submitted his objections against the appeal of the Public Commissioner, requesting the upholding of the decision no. 90, dated 20.12.2018 of the Independent Qualification Commission.

During this public hearing, discussions were held with regard to a denunciation submitted with the Public Commissioner, after the latter exercised his right to file an appeal at the Appeal Chamber.

In the context of the appeal, in circumstances where the Public Commissioner explained that, he left the other two criteria, namely the background and the proficiency criteria, open for any potential denunciation, the adjudication panel decided to examine the alleged facts in this denunciation, of which all of the parties were aware of.

In this regard, by request of the Chairperson, the parties stated their positions regarding the denunciation and handed over to the adjudication panel the accompanying acts and the respective submissions.

The adjudication panel decided also to request additional information from the Prosecution General and the Special Anti-Corruption Structure, aka SPAK, to the purpose of the denunciation. In the observance of the time limits that the institutions need to respond formally, the adjudication panel decided to adjourn the hearing on 26.02.2020, at 10:00 h.

The public hearing shall be held at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana.

The adjudication panel of the Appeal Chamber, composed of judges, Chairperson Rezarta Schuetz, case rapporteur Ardian Hajdari and members Albana Shtylla, Luan Daci, Sokol Çomo announced today the decision on case (JR) no. 12/2019, dated 22.02.2019, corresponding to the appeal of the Public Commissioner against decision no. 84, dated 27.11.2018, of the Independent Qualification Commission related to the transitional re-evaluation of the assessee Besnik Cani.

In conclusion of the adjudication, pursuant to Article 66, paragraph 1, item ‘b’, of Law no. 84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, the adjudication panel, unanimously decided:

• To amend decision no. 84, dated 27.11.2018, of the Independent Qualification Commission and dismiss from office the assessee Besnik Cani, prosecutor at the initiation of the re-evaluation process, member of the High Prosecutorial Council at the time of the announcement of this decision.
• This decision is final and effective immediately.

Announced in Tirana, today, 27.02.2020, at 10:00 h.