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REPORT/ KShH: From the Use of Public Assets, to media coverage, what happened during the campaign!

2023-05-12 18:50:29Politikë SHKRUAR NGA REDAKSIA VOX

REPORT/ KShH: From the Use of Public Assets, to media coverage, what happened

The Albanian Committee of Helsinki  has published the interim report on the monitoring of the pre-election campaign process for the local elections of May 14 .

In the report published by the Albanian Committee of Helsinki, it is written that there were criminal acts, the election campaign was started before the deadline, until the media coverage.

KSh has also focused on the climate of the election campaign, starting from the incidents in the case of the head of the PD in Vaun e Deja, Bernard Ndreca , who placed a tritol in his vehicle.

Also, in the report of the AHC, it is mentioned about the media, which turns out to have been "forced" or "conditioned" to refer to the content of the materials produced by the political parties.

The use of public assets in the campaign was part of the report of the ASC, which notes that they were used by the electoral subjects in different forms, starting from the use of the state administration, the material resources of the institutions or the use of the means of electronic communication, as a new form of misuse of public assets that has become widespread in recent years. 

Part of the interim report of the Albanian Helsinki Committee

Election campaign

The election campaign appears to have started before the deadline stipulated in Article 77 of the Electoral Code (starts 30 days before the date of the elections and ends 24 hours before the date of the elections). April 14 should have been the start date of the campaign, but referring to the data of the media and long-term observers of the CSC, it turns out that the electoral subjects have held electoral meetings, mainly in closed premises (local) but also in public premises (neighborhoods) or road). These meetings have started since December last year, but mostly they were exposed 2-3 months before the official date (legal deadline) of the start of the campaign. The Electoral Code does not provide for sanctions for the early start of the election campaign, which makes the legal deadline for the start of the campaign official, formal.

In particular, after the officialization of the candidacies by the electoral subjects and the filing of the list of supporting documentation with the CEC, an increased flow of activities was observed by the electoral subjects to reach the citizens through public meetings, celebrations, distribution of pamphlets, etc. . The cases followed by the long-term observers of the ASC are numerous, but the fact of the advantageous race of the mayoral candidates who hold these positions (re-candidates) draws attention. 

Specifically, during the last week of February, the current Mayor of Berat held a chain of meetings with the boards of parents of kindergarten children on increasing the quality of the service, as well as to exchange ideas for further improvements. The SP candidate in Gjirokastër, Flamur Golemi, has had meetings in different areas, in the afternoon and on weekends, even with Albanian immigrants in Ioannina. The meetings are reflected on his Facebook social network, shared and liked, by the administration of the local government and the executive (during official working hours).

In the Municipality of Kukës, in the period from March 21 - April 9, 2023, the two political candidates representing the SP Mr. Safet Gjici, the current Mayor (re-candidated) and Mr. Admir Sinamati, representative of the "Together We Win" coalition, have started a tour meetings with groups of residents of different villages of the city of Kukes, which took place in bars/cafes of the respective villages, as well as in the courtyards of 9-year-old schools. Meanwhile, Mr. On 04.03.2023 at around 16:00, Gjici held a meeting with Kuksi citizens in the United Kingdom (London, Birmingham), presenting the years of leadership of the municipal mandate and offering support to immigrants who return to their country.

Long-term observers have reported that from the beginning of February this year, the campaign of the candidate for Tirana Municipality, Mr. Belind Kelliçi, through the movement of cars with the campaign slogan and the distribution of leaflets along the sidewalks with high pedestrian traffic. Also, Mr. Veliaj, the re-candidate SP Mayor of Tirana, has held a series of meetings with residents of the capital. Both of these candidates have unveiled parts of their platforms on prime time television programs.

Climate among electoral subjects

On the eve of the official election campaign, the KSH strongly condemned the criminal act of significant social danger against the head of the DP in Vaun e Deja, Mr. Bernard Ndreca, by placing a quantity of explosives in his car that exploded, but fortunately there were no injuries. AHC called on the prosecution to investigate the case with priority, comprehensively and objectively, while it is necessary to respect the principle of presumption of innocence. The discovery of the motives of this crime and the corresponding punishment of the author or authors would also serve to clarify the broad public opinion, since such violent and threatening incidents negatively affect voters in the pre-election period. Regarding this issue, there have been no official communications from the prosecution body. 

Also, random (sporadic) acts of vandalism were found, such as the one reported on 04/30/2023, in the Municipality of Kukës. Two objects where the posters of the socialist candidate Mr. Safet Gjici, the windows are broken, part of the poster is torn. 

Despite these cases, the campaign as a whole has not been accompanied by serious incidents. However, it is very worrying that it was carried out in a highly polarized political climate. This climate has reflected with pronounced elements of the language of hatred and mutual accusations, in violation of human dignity towards the leaders and candidates of the electoral subjects. As a result of the hate speech, debate and confrontation of platforms between candidates of different political forces has been absent. 

The election campaign reflected in the media was mostly focused on the rhetoric between the leaders of the political parties, registered as electoral subjects or coalitions and exposed at very low levels, the candidates for mayors (with the exception of Tirana Municipality or other large municipalities ). Almost, the campaign did not expose the candidates for members of the Municipal Councils, which is also the decision-making body in each Municipality.

Electoral climate in relation to voters

AHC also observed that campaigning for the political programs of the electoral subjects was almost absent, while the rhetoric was focused on unstudied, exaggerated promises, which did not show interest to the broad electorate, returning with the boomerang effect for the political parties. The lack of platforms and promising rhetoric for issues that are not the responsibility of the local government but the central one, completely limited the voters from the opportunity to get to know the ideas and vision of the subjects/candidates, for services and other local public facilities will offered for the benefit of the municipality. 

AHC, through its long-term observers, has had random contacts with various voters in several municipalities of the country, where, among other things, they have been asked about their interest in voting, familiar with the promises of candidates for mayor/Councillors. In general, a high climate of apathy towards political parties and elections is observed. Voters in the municipalities of Korçë, Kukës, Malësi e Madhe, Shkodër, Durrës, Vlorë and Fier declare that they are disappointed by the main political parties, the central and local government and do not believe in the potential of other alternatives, and that they will not vote on the day of voting. According to them, the elections held over the years have not brought a solution to the difficult social and economic conditions in which a part of the population lives. This is the reason why many young people have chosen to leave, 

Media Coverage

Since 2009, the OSCE/ODIHR has recommended revising Article 84/1 of the Electoral Code, which allows pre-recorded footage produced by political parties to be broadcast during newscasts, which creates an unfair advantage, especially for the main political parties. Although in 2020, many additions and changes were made to the Electoral Code, Article 84/1 remained the same, amended in 2012. 

Despite the public reaction of the AHC regarding this issue, we note with regret that, against the need for functional media pluralism, editorial freedom and verification of information during the election period, even during these elections, the media results that it was "forced" or "conditional" refers to the content of materials produced by political parties, including first recorded footage, programs available in digital downloadable formats (podcast), or other forms of live broadcasting. This finding is easily evident from the audio-visual images broadcast in the national media, during the news editions. This situation has created a self-censoring and shrinking environment for the freedom of the media and the freedom of elections in our country. 

ASC notes that during the television time dedicated to the election campaign, small non-parliamentary parties were discriminated against, as they did not have minutes dedicated to them. AMA or CEC has not raised concerns regarding this phenomenon that deprives voters of the right to get to know all competing subjects. While the Electoral Code provides in its article 78 that the rules, conditions and limitations defined in it are aimed at guaranteeing the equality of electoral subjects also in relation to their relations with radio and television operators for the transmission of campaign activities, messages or election advertisements .

AMA has monitored the coverage of the election campaign in the audio-visual media and, based on the findings reflected in its reports, has proposed to the CEC administrative measures for the compensation of broadcast time in cases of violation of equal time ratios for all parliamentary parties. These balances have not been preserved especially for the coverage of the election campaign in local private media. In the Municipality of Gjirokastër, observers report that the coverage in the local media (RTVGJ, Apollon TV) of electoral activities is distinctly in favor of the SP candidate and the current Mayor of the Municipality as far as television time is concerned. 

Use of Public Assets

During the election campaign, one of the problems encountered was the use of public assets in favor of a candidate or electoral subject. The involvement and use of the administration and state resources for the promotion of electoral subjects or certain candidates is contrary to Article 91 of the Electoral Code. 

This provision has been violated in several cases by the electoral subjects, and for these cases the AEC addressed the State Election Commissioner. The public assets used by the electoral subjects were of different forms, starting from the use of the state administration, the material resources of institutions or the use of electronic communication tools, as a new form of misuse of public assets that is widespread. last years. 

It was reported to the KSh that the Local Education Office of the Korçë District, but not only, have requested from the secondary and 9-year schools of the respective district, information regarding the activities of the official addresses in social networks of these educational institutions, among them also information on the number of re-posts that the official addresses of the schools have made from the posts of the profile of the Minister of Education and Sports. In the following, it was possible to identify a high number of re-postings by some ZVAs in the country, which have under their jurisdiction the pre-university educational institutions in Korçë, Maminas, Dibër, Kamëz, etc., from where it was noticed that they were re-posted by them posts of the personal profile of the Minister of Education and Sports, where political activities were reflected, in support of certain candidates for mayor. The CSC reported the case to the CEC, evaluating as quite positive the issuing of an order by the Commissioner for the prohibition of making available the addresses of social networks of public institutions for the publication and reposting of activities of a political/electoral nature in elections, from on the part of these institutions, constitutes a waste of public resources. But even after this ordinance, the verifications made by the KSH show that the posts of the Minister of Education continued to be reposted by the ZVA and Public Schools. The AHC directed you again to the CEC, underlining the importance of the effective implementation of the Commissioner's orders by institutions and persons exercising high public functions such as Ministers. assessing as quite positive the issuing of an ordinance by the Commissioner for the prohibition of making available the addresses of social networks of public institutions for the publication and reposting of activities of a political/electoral nature in the elections, by these institutions, constitutes a misuse of public resources. But even after this ordinance, the verifications made by the KSH show that the posts of the Minister of Education continued to be reposted by the ZVA and Public Schools. The AHC directed you again to the CEC, underlining the importance of the effective implementation of the Commissioner's orders by institutions and persons exercising high public functions such as Ministers. assessing as quite positive the issuing of an ordinance by the Commissioner for the prohibition of making available the addresses of social networks of public institutions for the publication and reposting of activities of a political/electoral nature in the elections, by these institutions, constitutes a misuse of public resources. But even after this ordinance, the verifications made by the KSH show that the posts of the Minister of Education continued to be reposted by the ZVA and Public Schools. The AHC directed you again to the CEC, underlining the importance of the effective implementation of the Commissioner's orders by institutions and persons exercising high public functions such as Ministers. on the part of these institutions, constitutes a waste of public resources. But even after this ordinance, the verifications made by the KSH show that the posts of the Minister of Education continued to be reposted by the ZVA and Public Schools. The AHC directed you again to the CEC, underlining the importance of the effective implementation of the Commissioner's orders by institutions and persons exercising high public functions such as Ministers. on the part of these institutions, constitutes a waste of public resources. But even after this ordinance, the verifications made by the KSH show that the posts of the Minister of Education continued to be reposted by the ZVA and Public Schools. The AHC directed you again to the CEC, underlining the importance of the effective implementation of the Commissioner's orders by institutions and persons exercising high public functions such as Ministers. 

KSh has had reports about the use of the educational administration in Gjirokastër Municipality, from which it appears that, during the first week of March, a mass activity was organized with teachers of all cycles, where certificates of appreciation were given. Many contacted teachers have affirmed, without wanting to be identified, that participation was mandatory. 

From the monitoring of the election campaign in the Municipality of Vlora, it has been reported on the use of public administration, employed by local institutions under the Municipality of Vlora, in an activity of an electoral nature during official working hours. The case has been forwarded by the AHC to the Commissioner and continues to be under administrative investigation. Meanwhile, in Lezha Municipality, it was reported that electrical equipment (generator) and the means of transport bearing the logo of the Electric Energy Distribution Operator (OSHEE) on the windshield were used during the organization of an activity of the SP electoral subject in this Municipality. This case has also been forwarded to the CEC, as it has been assessed as a violation of Article 91 of the Electoral Code. 

In the Municipality of Dibër, the case of the meeting that took place at the end of February with the employees of the Administrative Units during working hours, the Mayor of Dibër, re-candidated by the electoral subject SP, was reported to the CSC. During this meeting, jobs were also promised to the citizens. 

The CSC conveyed to the CEC the notification that the activity that the Commissioner considered prohibited the day before, namely the meeting with the enlarged Assembly of the SP of Korça, took place a day later. The commissioner has asked KAS to impose a fine on the Mayor of Korçë Municipality as well as the person responsible for reporting public activities at Korçë Municipality. Meanwhile, KAS has decided to overturn the request of the Commissioner for the imposition of an administrative sanction against them. This decision of KAS seems to legitimize the illegality of carrying out a prohibited activity of a political nature reported as an activity of the Korça Municipality.

Asked about the perceptions they have about the use of public assets in favor of the campaign, the voters in the Municipalities of Kukës, Korça, Malësë e Madhe, Durres, Lezha, Fier have affirmed to KSh observers that the works and reconstructions in different spaces in these municipalities it is deliberately carried out a few months or weeks before the date of the elections, in favor of the electoral campaign of the re-candidates of the mayors. Also, the voters in these municipalities claim that they are aware of the opening of new jobs in the state administration, this too for the benefit of the electoral campaign. Meanwhile, they have the perception that employment in the public administration is carried out through a non-meritocratic evaluation, but based on their party commitment, especially during the campaign. In Tirana Municipality, 

Criminal offenses that affect free elections and the democratic election system

The indifference of citizens to report electoral crimes, especially cases of vote-buying, as well as the lack of quick investigations and the provision of protection to whistle-blowers, are some of the obstacles to their punishment. 

Statistical data on criminal offenses in the field of elections and in particular electoral corruption, during the elections held in the last 6 years in our country, also show investigations at low levels of the political organization of electoral subjects and few cases of punishment. The data of SPAK (responsible for electoral corruption or other electoral offenses committed by high officials), for the years 2021-2022, shed light on a high number of criminal reports, mostly from political subjects (64%), of followed by reports from public institutions (27%) and 9% of reports were registered on SPAK's own initiative. 

Even within the local elections of dt. May 14, KShH notes that citizens are indifferent and therefore do not report criminal offenses in the field of elections. Due to the high perceptions of pressure exerted on them as voters, they should be the main accusers before the prosecution body. From the meetings held in several municipalities of the country, such as Korçë, Kukës, Lezhë, Shkodër, Malësi e Madhe, Elbasan, Durrës, Fier, the citizens perceive the phenomenon of buying and selling spread among their fellow citizens but not among themselves. There is a lower perception of this phenomenon in the southern and southeastern part of the country. In the municipalities of Malësi e Madhe, Dibër and Lezhë, voters were contacted who claimed that before the voting day, material goods and money are offered in exchange for a vote. In Lezha Municipality, it has been claimed that the electoral subjects offer sums of money that reach the value of 100 Euros for the vote for members of the Municipal Council, and there are massive cases of the distribution of oil tolls as a reward for various individuals who engage in electoral meetings. In the Roma and Egyptian ethnic minority communities, this contact is carried out openly. In the Municipality of Korça, voters of the Roma Minority were contacted who, due to their economic situation, were ready to sell their vote, even though the subjects had not approached them until those moments. In the rest of the population, certain categories are targeted, based on family and social contacts. even though the subjects had not approached you until those moments. In the rest of the population, certain categories are targeted, based on family and social contacts. even though the subjects had not approached you until those moments. In the rest of the population, certain categories are targeted, based on family and social contacts. 

Party leaders, according to Article 64 of the Electoral Code, solemnly commit themselves within the framework of the request for the registration of their electoral subject, by signing a mandatory declaration of refusal to participate in vote buying practices. But the fact that this phenomenon continues to be widely perceived and that the alerts in the media continue until a few days before the elections, shows that these statements are formal. 

Violation of the rules guaranteeing the secrecy of voting by the persons in charge of the elections constitutes a criminal offense and is punishable by imprisonment. The CSC is familiar with data signaled on the ground, in Elbasan Municipality, according to which, it is claimed that high exponents of the electoral subject SP put pressure on voters by conveying information that on the day of voting, their vote will be easily identifiable . ASC directed you to the State Commissioner of Elections, with an official letter dated May 4, recommending the taking of appropriate preventive measures, including a public campaign on the security of failing to identify the will of voters, through electronic voting. The Commissioner, subsequently, during the operational testing for the electronic voting and counting system, it was stated that "The devices guarantee 100% voter secrecy. There is no possibility, neither the company that produced the equipment, nor the CEC, and no one can identify and reveal the vote of the citizens".

The difficult socio-economic situation and the culture of impunity are misused by the electoral subjects who are inclined to buy the votes of voters who are economically unable. 

Regarding electoral corruption, referring to the past elections and the first data signaled in the media about these elections, it is noted that the governing structures of the electoral subjects and their candidates, in most cases, are not exposed, but charge specific persons. Investigations in the past have not extended to high levels of political leadership and organization, while for this election it is still too early to reach conclusions. 

The challenges of the past for the effective investigation of criminal offenses in the field of elections continue to be current even in the few cases reported in the media, for the local elections of May 14. The preliminary actions that would serve the prosecution body for the initiation of proceedings according to Article 291 of the Code of Criminal Procedure, must be carried out as soon as possible, since otherwise they affect the further quality of the investigations, leading to the fading, disappearance or tampering with evidence. Delays in investigations (as has happened) weaken public confidence in law enforcement agencies. 

Cases of vote buying and selling are not easy to detect, also due to the fact that they are talked about the most, after the elections are over. This complicates the work of the prosecution. From the contacts with KZAZ in several municipalities of the country, representatives of various electoral subjects, it seems that the climate of cooperation is relatively good and there are no concrete cases of violation of the integrity of the vote. But after the elections are closed, past practice has shown that the leaders of the electoral subjects present serious accusations of vote-buying and electoral crime. Such approaches of silence during the pre-election period and subsequent reaction, when the process is closed, also put into question the integrity of the subjects themselves. 

AHC has continued with systematic field observations, as well as identification and verification of data reported by the media, by journalists themselves or based on public alerts of electoral subjects, for criminal offenses that affect free elections and the democratic election system. Several suspicious cases of vote-buying in Tropoja, Has, Tirana, Himare and Mallakastër Municipalities have been reported in the media (most of them only a few days before the election date). Following these cases, we have addressed the Prosecutor's Offices of several judicial districts and the Special Prosecutor's Office (SPAK), with official requests for information, whether or not the criminal proceedings related to them have started, with a complaint, reference or initiative. 

The General Prosecutor has issued a circular for quick investigations and tightening of personal security measures and punishments requested by the prosecutors. In one of the cases verified in the field, this circular was not implemented according to the assessment of the ASC. Specifically, the KShH became aware of the news published in the media on April 25, 2023, which refers to the fact that a BD citizen, an employee of the Municipality of Patos, was violated by the manager of the enterprise near the Municipality. PPBD has publicly denounced the use of mechanisms influencing the will of voters and family members his. On May 8, 2023, accredited observers of the KSh undertook a verification mission in the field, from which it turned out that the referral of this criminal offense by the Judicial Police Officer (OPGJ) to the Prosecutor's Office was carried out under the legal qualification provided for in Article 89 KP "Intentional slight injury", even though the data made public in the media, raise serious doubts about Article 328/a of the Criminal Code "Use of public office for political or electoral activity". Despite the fact that in the media, the injured citizen of BD has publicly claimed the identification of the responsible author, the KSH found that the Prosecution of the Fier Judicial District did not consider it necessary to proceed with the arrest of the suspect for committing a crime, a procedural action provided for in Article 253 of Criminal Procedure Code. Following the findings on this matter, the AHC addressed the Attorney General with a letter for the supervision of the implementation of the issued circular, while the conclusions of the AHC so far do not at all intend to affect the independence of the prosecutor of the case. raise serious doubts about Article 328/a of the Criminal Code "Use of public office for political or electoral activity". Despite the fact that in the media, the injured citizen of BD has publicly claimed the identification of the responsible author, the KSH found that the Prosecution of the Fier Judicial District did not consider it necessary to proceed with the arrest of the suspect for committing a crime, a procedural action provided for in Article 253 of Criminal Procedure Code. Following the findings on this matter, the AHC addressed the Attorney General with a letter for the supervision of the implementation of the issued circular, while the conclusions of the AHC so far do not at all intend to affect the independence of the prosecutor of the case. raise serious doubts about Article 328/a of the Criminal Code "Use of public office for political or electoral activity". Despite the fact that in the media, the injured citizen of BD has publicly claimed the identification of the responsible author, the KSH found that the Prosecution of the Fier Judicial District did not consider it necessary to proceed with the arrest of the suspect for committing a crime, a procedural action provided for in Article 253 of Criminal Procedure Code. Following the findings on this matter, the AHC addressed the Attorney General with a letter for the supervision of the implementation of the issued circular, while the conclusions of the AHC so far do not at all intend to affect the independence of the prosecutor of the case. Despite the fact that in the media, the injured citizen of BD has publicly claimed the identification of the responsible author, the KSH found that the Prosecution of the Fier Judicial District did not consider it necessary to proceed with the arrest of the suspect for committing a crime, a procedural action provided for in Article 253 of Criminal Procedure Code. Following the findings on this matter, the AHC addressed the Attorney General with a letter for the supervision of the implementation of the issued circular, while the conclusions of the AHC so far do not at all intend to affect the independence of the prosecutor of the case. Despite the fact that in the media, the injured citizen of BD has publicly claimed the identification of the responsible author, the KSH found that the Prosecution of the Fier Judicial District did not consider it necessary to proceed with the arrest of the suspect for committing a crime, a procedural action provided for in Article 253 of Criminal Procedure Code. Following the findings on this matter, the AHC addressed the Attorney General with a letter for the supervision of the implementation of the issued circular, while the conclusions of the AHC so far do not at all intend to affect the independence of the prosecutor of the case. procedural action provided for in Article 253 of the Code of Criminal Procedure. Following the findings on this matter, the AHC addressed the Attorney General with a letter for the supervision of the implementation of the issued circular, while the conclusions of the AHC so far do not at all intend to affect the independence of the prosecutor of the case. procedural action provided for in Article 253 of the Code of Criminal Procedure. Following the findings on this matter, the AHC addressed the Attorney General with a letter for the supervision of the implementation of the issued circular, while the conclusions of the AHC so far do not at all intend to affect the independence of the prosecutor of the case. 


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