The Mayor of Tirana, Erion Veliaj, has filed a request with the High Inspectorate of Justice and the High Prosecutorial Council for disciplinary proceedings and the suspension from duty of prosecutor Ols Dado, regarding the violations that the SPAK prosecutor, according to the mayor, committed in the examination of the criminal case.
In his request, Veliaj details the conflict of interest that Prosecutor Olsi Dado has in the investigation against him, emphasizing that this prosecutor "used the telephone paid for by taxpayers' taxes to request construction permits for his own benefits."
Veliaj says in the request that after Dado's request for approval of additional floors was rejected by him, in his capacity as mayor, the prosecutor then "attacked" him with threatening and blackmailing expressions.
Veliaj's full request for ILD and KLP:
"The essence of the request filed by me consists of the position that I have made public regarding the removal from the case of the construction prosecutor, Mr. Ols Dado, who can in no way be objective in representing the accusation brought against me.
I say this because Ols Dado used the taxpayer-funded phone to request a building permit for his own benefits, and after his request for approval of additional floors was rejected, he was "rushed" with threatening and blackmailing expressions.
The prosecutor in the case, who filed the charges against me, should not have accepted the investigation of the causes raised in the criminal complaint filed by the so-called "Nesti Angoni", since Olsi Dado has benefited from construction land approved by decision no. U-14078/4, dated 09.09.2021 of the Mayor of Tirana, and construction permit no. U-14078/6, dated 21.09.2021.
It is true that the construction permit was granted to the developer/builder, the company "Alb Edil" sh.pk, but referring to the enterprise contract no. Rep 2040, no. Kol 803, dated 06.05.2021, the ordering and beneficiary party at the same time is the prosecutor of the case against the head of the institution that granted the construction permit, i.e. the person under investigation Erion Veliaj.
As I stated above, the fact that the beneficiary of the construction permit issuance procedure is Prosecutor Olsi Dado is unchangeable, as the documentation attached to my request proves.
The prosecutor's phone calls, expressing dissatisfaction with the procedure for granting the construction permit, clearly demonstrate Mr. Ols Dado's malicious intent to include false facts in the investigative file.
Even if Mr. Ols Dado did not exert his influence regarding the construction permit, the mere fact that he is a beneficiary is enough to prove a conflict of interest.
The mere fact that the prosecutor is a beneficiary of the construction permit means that he is in an open conflict of interest, and consequently should not have represented the prosecution in the first place.
In a hypothetical case (opposite interpretation), such as if Mr. Ols Dado had been favored by the head of the Tirana Municipality, there would still be a conflict of interest, since even if the facts alleged in the investigative file were true, the suspect's position in the investigation would have been facilitated.
So, in both cases, prosecutor Dado is in an open conflict of interest.
Law No. 96/2016, dated 30.8.2016 “On the status of judges and prosecutors in the Republic of Albania”, in article 102, point 1, letter a/b/iii, expressly stipulates that:
"Disciplinary violations during the exercise of the function are in particular, but not limited to, the actions or omissions or behaviors of the magistrate as follows:
a) Failure to submit a request to waive the proceeding or trial of the case when this is mandatory, according to the law, if the magistrate is aware or should have been aware of such circumstances
b) Filing a request to waive the proceeding or adjudication of the case if this action:
iii) It is not carried out immediately after becoming aware of the cause.
Based on the above, based on Article 127 of Law No. 96/2016, I would request from the High Inspector of Justice the suspension of the prosecutor, Mr. Ols Dado, from his duty as prosecutor, according to the provisions of Article 151 of this law, or to request the suspension of the magistrate himself for the reasons provided for in Article 152 of this law.
Under these conditions and as stated above, based on Article 184 et seq. of Law No. 115/2016 "On the governing bodies of the judicial system",
I am looking for:
- Initiation of disciplinary proceedings against the prosecutor, Mr. Ols Dado, regarding violations committed in the examination of the criminal case against me, Erion Veliaj.
- Taking disciplinary action against him and suspending him from duty.