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The table tennis of the prosecutions for the corruption files of the officials

2023-04-02 11:56:26Aktualitet SHKRUAR NGA REDAKSIA VOX

The table tennis of the prosecutions for the corruption files of the officials

Lekë Kola continues to be searched since 2019. A citizen from a village in Rreshen reported to the police of Durrës, an employee of the forest police. But he too ended up indicted, and not by an ordinary prosecutor's office, but by SPAK. The accusation against him is that of active corruption of persons exercising public functions. Together with him, Renato Demerxhiu, suspected of being the employee who asked for money, and a third who is accused of not reporting corruption, are under accusation.

What is described in the file that the "FOL" Center has, is the concern of Kola who had paid money to transport timber in the amount of 5 thousand to 10 thousand lek on the condition that he be left free, every time he transported the loads without accompanying documentation. Tired of this pressure, Kola declares that he gave the forest police the money he had in his pocket. But his patience ran out, when on one of the days the informant had no money. He was released on the condition that he was then written in the messenger, "Leave the money at the collection point".

Under trial in the Special Court for Corruption is a forest policeman, the person who had the ownership of the timber collection, who should have reported according to SPAK, and the citizen himself. The case has become one of the symbols of the corruption investigation in the country. Lawyer Artan Simoni insists for the "FOL" Center that this case should have been investigated and judged by the Durrës court and not by SPAK.

"This is a file that does not belong to either this court or SPAK. It must be tried in Durrës, as the individual is not subject to the criminal offense provided by the law. He is not official. The citizen was asked for a bribe by the clerk and the citizen was not the initiator,' insists the lawyer.

How were the charges against the former director of OSHEE dropped?

From the monitoring of the "FOL" Center for the period from August 2022 to the end of March of this year, it is observed that the struggle of powers between the prosecutor's offices that investigate corruption and SPAK has turned into a trend. One of the files is that of the former director of OSHEE, Albana Ferraj, who was arrested with fanfare by SPAK for suspicions that she was involved in corruption by favoring an Italian company for a tender. But as the file was investigated for corruption and money laundering, in December 2022, the special court declared incompetence, dismissing the accusation of SPAK at the request of the special prosecution for the defendant Alessandro Pedrini and the legal entity "Com Metodi" suspected of corruption.

Elis Bushati, Athinta Papa, Irma Dërguti, who were members of the Bid Evaluation Commission, were considered innocent by this court for violating equality in tenders. The subsequent monitoring of the "FOL" Center, for the former director Ferraj, shows how only she was declared guilty after the declaration of incompetence and for a crime different from the sensational open file of SPAK. The former official was convicted by the Tirana court for abuse of office and her prison sentence was commuted to six months of public interest work.

And as this decision was announced on March 17, 2023, another file of incompetence with a citizen who was involved in corruption not at the level of high officials was forwarded to SPAK.

"Citizen Ardian Miceli appeared at the Police Directorate of Tirana and reported that in order to install an electric meter in the apartment, he bribed an employee of OSHEE in the amount of 1550 new lek. During a conversation with an accountant, he learned that the person who was dealing with the connection of the meters was Bujar Llakaj, an employee of OSHEE. Ardiani met with OSHEE employee Bujar Llakajn and the latter said that he would finish the work against the value of 100,000 new lek since 80,000 new lek was needed for it and 20,00 new lek was needed for the electric cable. During the conversation, Bujari told the complainant that this was the best way to finish work because, otherwise, he would spend two months wandering around the offices up and down."

This is one of the cases initially investigated by the Prosecutor's Office of Tirana, but the Court of Appeal of the General Jurisdiction decided that the case should be sent for jurisdiction to the special court due to the involvement in the corruption of an official such as the employee of the Distribution Operator. Electricity, Bujar Llakaj. The FOL Center made an official request to the Special Prosecutor's Office to provide information on other corruption cases that the district prosecutor's offices have delegated files to SPAK, due to subject competence.

From the period 01.08.2022 to 01.03.2023, 39 proceedings from district prosecutor's offices were transferred to the Special Prosecutor's Office. Up to this stage, for 23 cases, the acceptance of acts has been decided and the criminal registration has been carried out. While for 12 cases, non-acceptance of acts was decided and they were re-sent to the district prosecutor's offices. For 4 proceedings, SPAK says that it has been decided to merge with other proceedings registered earlier in this prosecutor's office. Likewise, the "FOL" Center officially assured from SPAK that for the period from August of last year to March of this year, the Special Structure against Corruption has sent 5 criminal proceedings for subject competence related to corruption, to the District Prosecutor's Offices Judicial.

Ping-pong of prosecutions for corruption files

Another investigative file provided by the "FOL" Center is the SPAK investigation, for the former mayor of Vorë Municipality, Gentian Picari, in relation to the abuses for the reconstruction after the damage caused to the apartments of Vorë Municipality during the 2019 earthquake. He was reported to the SPAK, for the charges of "Abuse of duty", "Corruption" and "Structured criminal group" with the suspicion that he changed the categories of damage to housing from DS1-DS2 to DS3-DS4 in order to benefit from higher compensation. high monetary some families. Initially SPAK stopped the investigations with the argument that no criminal offense was committed, but after the appeal, the Special Court ordered the prosecution to start the investigations. After the verifications, it turned out that Picari did not commit a violation, but the 3 members of the complaint verification commission may have committed a violation and therefore declared incompetence by delegating the file to the prosecutor's office in Tirana. It was the latter that conducted investigations and it turned out that, by order of Picari, a working group was set up that verified the documentation of the application files, but during this procedure, violations were identified.

"This cooperation consists in the fact that the three members of the commission have agreed with the mayor to sign on the spot only one document, the list with the first and second expertise acts, which from taking office on 02.03.2021 to in the presentation of the proposal for change by the mayor on 05.02.2021, i.e. in just two days, they changed the first 43 "winning" expert reports, where to keep these expert reports to different groups of the Institute of Construction it took time from 22.01.2020 to 17.08.2020", it is mentioned in the investigative files provided exclusively by the "FOL" Center

The file was transferred again to SPAK, because the prosecutor's office of Tirana identified some violations of the former mayor, which turns out to be subject to the Special Structure against Corruption. Then, in the preliminary session, the special judge, Erjon Bani, left some tasks to the prosecution, ordering the further continuation of the investigations.


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