The Appeal Chamber held on 09.04.2025, at 10:00, the public hearing of case (JR) 25/2024, dated 03.07.2024, pertaining to the appeal of the Public Commissioner against decision no. 760, dated 26.04.2024 of the Independent Qualification Commission, related to the assessee Ardiana Bera.
The presiding judge announced that Article 179/b, paragraph 8 of the Constitution of the Republic of Albania and Article 199 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 for the asset and proficiency assessment criteria, the representative of the Special Prosecution Office stated that he shares an opposite opinion with the Independent Qualification Commission that has confirmed in office the assessee. He considered that the assessee fails to prove the legitimacy of the sources of creation of the assets, and requested the Chamber to take into consideration in the overall evaluation of the case the way in which the assessee handled a case during the exercise of his office, which the Independent Qualification Commission did not consider during the administrative process, as it considered the case still pending. Mr. Xholi requested the Chamber that, after taking into consideration the appeal grounds, decides the amendment of decision no. 760, dated 26.4.2024, of the Independent Qualification Commission and the dismissal from office of the assessee Ardiana Bera.
The legal representative and the assessee objected to the appeal grounds and in support of their claims submitted additional documents, which they requested the trial panel to accept them as evidence. With respect to the proficiency assessment, the assessee stated that the request of the representative of the Special Prosecution Office should not be part of the examination of the case, since there is no inherent appeal ground in this context. Nevertheless, the assessee, Ms. Bera, provided explanations regarding her position on the judicial case.
The presiding judge announced that there are several complaints filed with the Chamber, which had been forwarded to the parties. The representative of the Special Prosecution Office considered that these complaints contain no grounds for further investigation. The assessee, being in agreement with the aforementioned position, submitted additional evidence to prove the contrary of the claims raised in these complaints.
Subsequently, to the purpose of the examination of the case, the representative of the Special Prosecution Office and the assessee responded to several questions of the rapporteur of the case.
After being consulted, the trial panel decided:
– to accept as evidence the information and its accompanying document issued by the construction company of the apartment owned by the assessee;
– to not accept as evidence the documentation of the income of the brother of the assessee in UK, as it is not in the form required by law;
– to not investigate further the complaints, as they fail to meet the criteria of Article 53 of Law 84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, after hearing as well the position of the representative of the Special Prosecution Office with their regard.
Given that the parties had no procedural requests, the trial panel decided to close the judicial investigation and invited the parties to submit their final conclusions at the next hearing, which will be held on 05.05.2025, at 12:30.
The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.
