FLASH NEWS
The public commissioner demands the dismissal of Besnik Hoxha, the judge of the incinerators
2024-07-17 19:03:06 / AKTUALITET
The Public Commissioner insisted on Wednesday on the reasons for the appeal against the decision of the Independent Qualification Commission for the confirmation in office of the judge of Tirana Besnik Hoxha. In the first hearing for the review of the appeal at the Special Appeals Board, Commissioner Florian Ballhysa requested the dismissal of Hoxha, arguing that he did not reach a reliable level.
"We request that the reasons presented in the appeal be taken into consideration by the Special Board of Appeal and, at the end of the trial of the case, decide: - Change of decision no. 661, dated 18.5.2023, of the Independent Qualification Commission, and the dismissal from duty of the subject of the revaluation, Mr. Besnik Hoxha", said Ballhysa.
On the other side, the lawyer Romina Zano, who read Hoxha's statements before the College, insisted on upholding the decision, saying that the claims of the Public Commissioner were not based on facts and evidence.
Referring to the decision of the KPK, Zano said that it should remain in force. "It is fair and based on the law, and for this reason I ask the Independent Qualification College to uphold this decision", said Hoxha's lawyer.
Hoxha, who was confirmed in office by a majority of votes a year ago in the KPK, is known as one of the members of the corps that judged the case and acquitted the guards accused of the killings in the January 21 protest. The KPK's decision to confirm Hoxha was contested by the International Observers Operation and subsequently appealed by the Public Commissioner, who claims that the KPK's decision is vulnerable in all three re-evaluation criteria.
During the reading of the submissions, Ballhysa stood by what he had presented in the appeal. He insisted that regarding the property, Hoxha had made an incorrect, insufficient declaration and that he had "tried to present the property in question and his real property interests incorrectly".
The commissioner listed a number of circumstances that, according to him, should have been evaluated differently by the Independent Qualification Commission, emphasizing that the subject had failed to prove the opposite of the burden of proof.
For the property: the 3-story residential building in Shkodër, the Commissioner reasons that the application of the principle of proportionality as reasoned by the KPK is inappropriate. "It is clear that the principle of proportionality cannot be taken and interpreted separately to relativize the inaccuracy in the declaration and the insufficiency of legal resources in the creation of the wealth of the 3-storey residential building located in Shkodër, thereby avoiding the obligation to declare with the truth of the totality of the wealth and the convincing explanation of the legality of the source of its creation", the submissions state.
Contrary to these positions, Hoxha's lawyer submitted that the subject had made a correct statement. Zano insisted in her speech that the claims of the Public Commissioner that the principle of proportionality could not be applied were unfounded. According to her, the Public Commissioner had not presented a figure of how much the difference was and why this could not be considered proportional.
"In fact, the Public Commissioner does not present in his complaint how much the financial insufficiency is, which according to him is not even proportional. The commissioner mentions some figures, for example for the value of the construction in the appeal, but he does not claim in the appeal any concrete difference in covering the cost of this property", said Zano.
The parties also held different positions regarding the second property. An apartment in Tirana declared as the address of residence of the subject. The Public Commissioner insisted in his speech that in this case the subject had presented a different factual situation "from which the events and his property interests with this property have flowed, as well as the moment of its possession".
Zano disputed this claim, insisting there was no evidence.
The parties were also confronted regarding the suspicions raised about the subject's contacts with a number of people and the use of their means, while he had previously adjudicated cases with these parties.
The Public Commissioner insisted that these cases should be evaluated to judge the integrity of the magistrate. "The Public Commissioner, based on the ONM's Recommendation dated 19.6.2023, assesses that regardless of the nature of the cases judged by the subject, it is his responsibility not to judge cases when he has connections of a personal nature or interest with the parties in the trial" , said Ballhysa.
Zano stood firm following her statement that it was a question of declarative decision-making and that the integrity of the court had not been violated. She also emphasized the time that passed between the court case and Hoxha's contact with the parties. "They were of a declarative nature, and the decision-making of the re-evaluation subject has no way of influencing the subsequent legal actions", said Zano.
After listening to the parties, the body of the College, chaired by Albana Shtylla, relator Sokol Çomo and members Ina Rama, Natasha Mulaj and Mimoza Tasi, decided to invite the parties for the final conclusions on July 22./ Reporter.al
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