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Abuse of 2 tenders, SPAK sends the former mayor of Patos and 6 officials to trial

2024-05-20 10:38:43Aktualitet SHKRUAR NGA REDAKSIA VOX
Abuse of 2 tenders, SPAK sends the former mayor of Patos and 6 officials to
Rajmonda Balilaj

SPAK has completed the investigations and sent for trial the former mayor of Patos Rajmonda Balilaj and 6 other officials.

The Special Prosecutor's Office against Corruption and Organized Crime completed the investigations and sent to the Special Court of First Instance for Corruption and Organized Crime the request for sending the defendants to trial:

1. Rajmonda Balilaj (at the time of the commission of the criminal offense, former Mayor of Patos Municipality);

2. Anisa Petani (at the time of the commission of the criminal offense, currently Deputy Mayor of Patos Municipality and member of the Bid Evaluation Commission);

3. Shkëlqim Beqiraj, (at the time of the commission of the criminal offense, currently the General Secretary of the Municipality of Patos and member of the Bid Evaluation Commission)

4. Enirjada Rizaj (at the time of committing the criminal offense, currently a member of the Bid Evaluation Commission);

The four, accused of committing the criminal offense "Violation of the equality of participants in public tenders or auctions", committed in collaboration, provided for by Article 258 (before the amendments by Law No. 43/2021), and 25, of the Criminal Code, performed twice, in the procurement procedures "Emergency construction of the retaining wall with gabions and stones in Dukas-Breg, as a result of the landslide and the return of the road to its previous condition", with number REF-89301-03-08- 2021, with the Contracting Authority Patos Municipality and the procurement procedure "Emergency construction of the retaining wall in the road body in the village of Ruzhdie, as a result of the landslide and the return of the road to its previous condition", with reference number REF-86952-02- 12-2021, with Contracting Authority Patos Municipality;

5. Vangjel Nushi (at the time of the commission of the criminal offense, acting as Director of the Directorate of Monitoring and Public Services, at the Municipality of Patos), accused of committing the criminal offense "Forgery of documents", carried out in collaboration, provided for by Article 186/ 2, of the Criminal Code.

6. Arben Manoku (at the time of the commission of the criminal offense, with the duties of Design Engineer in the projects office at the Municipality of Patos), accused of committing the criminal offense of "Forgery of documents", carried out in collaboration, provided for by Article 186/2, of Criminal Code.

7. Boreta Murati (at the time of the commission of the criminal offense, with the duties of Specialist in the Department of Urban Planning, Patos Municipality), accused of the criminal offense of "Forgery of documents", committed in collaboration, provided for by Article 186/2 of the Criminal Code. 

The criminal facts investigated in the framework of this criminal proceeding relate to two procurement procedures organized in 2021, by the Municipality of Patos as the Contracting Authority, and more specifically:

I. Investigation of the procurement procedure "Emergency construction of the retaining wall with gabions and stones in Dukas-Breg, as a result of the landslide and the return of the road to its previous state", with number REF-89301-03-08-2021, with the Contracting Authority-Patos Municipality with a limited fund of ALL 6,758,853.92.

Defendant Rajmonda Balilaj, (former mayor of Patos Municipality) and members of KVO, defendants Anisa Petani, Shkëlqim Beqiraj and Enirjada Rizaj, in cooperation between them, have consumed the elements of the criminal offense "Violation of the equality of participants in tenders or public auctions", provided by articles 258, (before the amendments by law no. 43/2021) and 25, of the Criminal Code, favoring contrary to the law and declaring the economic operator "Genti 001" the winner, in the procurement procedure "Emergency construction of the retaining wall with gabions and stones in Dukas-Breg, as a result of the landslide and the return of the road to its previous state", with number REF-89301-03-08-2021. From the documentation submitted by the first bidders, in relation to the criteria established in the Standard Tender Documents, the economic operator "2..." should have been declared the winner, which, in addition to fulfilling the conditions, also had an offer in the amount of 1.5 million ALL smaller than the "Genti 001" operator.

The defendant, Rajmonda Balilaj, has undertaken a series of steps through the employees of the Municipality, to legitimize the cancellation of the tendering procedure, precisely to prevent the operator "2......." from being declared the winner, which would reveal the works performed by the operator destined to win the race. The investigation proved that the defendant predetermined the winner of this tender, precisely the operator "Genti 001", which was declared the winner (from 2019, when this subject was registered for the first time in the CCB, until 2022, i.e. for three years), in 32 procedures organized by the Municipality of Patos.

- While the members of the working group tasked by the former Mayor, by order No. 27, dated 08.04.2021, the defendants Vangjel Nushi, Boreta Murati and Arben Manoku, have prepared the technical inspection report No. 997/2 Prot. ., dated 08.04.2021, where they unanimously came to the following conclusion: "Despite the fact that the necessary documentation for the construction of the retaining walls was not kept, the built retaining walls served to prevent the advance of the landslide. The working group is of the opinion that returning the terrain to its previous state would bring consequences and unexpected events in this landslide and would not recommend doing these works. The cost of going back and redoing the same works would be risky. For the unpaved part of the road and the canal on the upper side, the working group recommends a period of monitoring the situation on the site to see the results of the durability of the construction of these retaining walls. We also recommend the monitoring of underground water flows and the design of a project for their removal from this drainage plan".

These defendants have consumed the elements of the criminal offense "Forgery of documents", carried out in cooperation, provided for by Article 186/2, of the Criminal Code, as they have presented false circumstances in these conclusions which are dismissed by the act of expertise carried out by The Special Prosecutor's Office and also from the declarations of the ID citizen

II. The investigation of the procurement procedure with the object "Emergency construction of the retaining wall in the body of the road in the village of Ruzhdie, as a result of the landslide and the return of the road to its previous state", with reference number REF-86952-02-12-2021, with the Contracting Authority Patos Municipality, in the amount of 8,634,380,435 (eight million six hundred thirty-four thousand three hundred eighty point four hundred thirty-five) ALL.

From the analysis of the evidence, it was found that the defendant Rajmonda Balilaj, in cooperation with the members of the KVO, the defendants Anisa Petani, Shkëlqim Beqiraj and Enirjada Rizaj, have consumed the elements of the criminal offense "Violation of the equality of participants in public tenders or auctions ", provided by article 258 (before the amendments by law no. 43/2021) and 25, of the Criminal Code, favoring contrary to the law and declaring the economic operator "Genti 001" the winner, in the procedure "Emergency construction of the retaining wall in the body of the road in the village of Ruzhdie as a result of the landslide and the return of the road to its previous condition", with reference number REF-86952-02-12-2021, and the practice of following up the works and the practice of taking over the object.

In this procurement procedure, with the Contracting Authority Patos Municipality, defendant Rajmonda Balilaj, has predetermined the winner, which is the same operator "Genti 001", appearing on "Apollon TV" and informing the start of works for this road, on 06.02. .2021, at a time when the announcement of the winner "Genti 001" was made on 15.02.2021, and the conclusion of the contract with the contracting authority was made on 16.02.2021.

Defendant Rajmonda Balilaj cooperated with the members of the KVO assigned by her in the relevant order, the defendants Anisa Petani, Shkëlqim Beqiraj and Enirjada Rizaj, as she had no way of knowing that this operator would qualify as a winner even though he was the only contestant in the race.

In this way, from the totality of the objective elements, the subjective ones also emerge, i.e. her cooperation with the members of the KVO, since the latter have also declared the operator "Genti 001" the winner, even though the investigation has shown that this operator did not fulfill them all criteria and documentation as per DST and should have been disqualified.


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