FLASH
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The low level of cases investigated by SPAK, for the corruption of high officials and organized crime, has appeared as a serious concern, in a study developed by the Center for the Study of Democracy and Governance (CSDG) in Tirana.
The files carried, the lack of transparency of decision-making and sequestration of assets, the low level of initiation of investigations mainly but also the low cases of investigation for high-ranking officials and organized crime, are the main concerns of this voluminous report.
The study, supported by the Dutch Embassy in Tirana, was compiled by researchers Mirsada Hallunaj and Arjan Dyrmishi, who monitored the work of the SPAK special prosecution and two special courts (First Instance and Appeal), during the period from 2020 to 2023 .
Despite the evidence and mathematical figures that SPAK prosecution officials present as their culminating successes, the 272-page report reveals a dark side of the work and productivity of the special prosecution set up after the reform in Justice.
The data show that the rate of criminal prosecutions for corruption and organized crime is relatively low, meaning that fewer cases end up in trial.
“…given the widespread influence and high sophistication involved in both high-level corruption and organized crime, the seizure and confiscation of illicit assets remains a major challenge. This challenge becomes even more complex due to the lack of transparency and the lack of detailed data related to the seizure-confiscation of assets produced by these criminal activities, which presents a serious problem..." the report says.
In addition, there is an urgent need to address the current lack of transparency and data gaps related to the seizure and confiscation of criminal assets.
"...the implementation of effective reporting mechanisms and the regular publication of detailed information on the seizure-confiscation of assets, for both high-level corruption and organized crime, would improve accountability and increase public confidence..."- say the two reporters Mirsada Hallunaj and Arjan Dyrmishi.
The reporters conclude that despite efforts to increase the number of high-level corruption cases involving high-ranking officials and highly publicized corruption affairs, SPAK still has a lot to do.
"...the number of these cases remains low compared to the total number of individuals accused of corruption-related offenses. Most importantly, specialized institutions should focus on dealing with major corruption cases, which involve large-scale corrupt practices causing huge economic damage to the state budget and other sectors. This approach should not only focus on specific individuals, but should also take into account the wider context in which corruption operates at the highest levels, often in collaboration with many actors, similar to organized crime. Dismantling these complex networks is essential to effectively fight corruption at the highest levels..." the report concludes.
In fact, at this point, the reporters are very right, since SPAK during these years has been engaged in conducting sporadic investigations against ordinary individuals of the public administration and not high officials.
A lot of statistics are inflated in SPAK, for cases of corruption that are also denounced by the media, which catches various officials of the administration in bribery actions, and then these cases are registered mainly for corruption in SPAK.
All the more so that for two years in a row, SPAK turned into a ridiculous institution in the fight against corruption. After the statistics created in the first two years of work, showed an increase in corruption cases against traffic police officers with 1,000 or 2,000 new lek.
So much so that these cases of punishment of corruption, began to be shown as barsaleta in the cafes of Tirana, making fun of the world.
This situation became so ridiculous that the Ministry of Justice and the Parliament found it necessary to make legal changes, increasing the level of corruption up to 500 thousand old lek and above, a measure that SPAK had to investigate.
If the corrupt case was less than 500 thousand old lek, then the criminal case would be followed by the ordinary prosecution.
In the CSDG report it is emphasized that: "...it is imperative that specialized institutions intensify their focus on major corruption cases involving high-ranking officials." Considering the significant impact of these cases on the state budget and wider economic stability, these cases should receive priority…”.
On the other hand, the reporters emphasize that although the launch of independent investigations by the Special Prosecutor's Office has been a repeated recommendation over the years, and despite the fact that the number of these investigations has increased every year, reaching the peak in 2023, it remains important to emphasize that the percentage of investigations initiated mainly by the Special Prosecutor's Office remains relatively low in relation to the total number of registered proceedings.
Although the years 2023 and 2021 have shown a positive trend in terms of the number of defendants convicted in relation to the total number of defendants sent for trial, it has been difficult to fully assess this criterion due to the limitations of the data included in the annual reports of the Special Prosecutor's Office.
Regarding the sentences of defendants tried for organized crime, the year 2023 has marked a positive trend, while for the years 2022 and 2021 this trend cannot be ascertained.
Regarding the findings of the Special Court of First Instance, it has been noted that the number of new cases of corruption and organized crime has decreased over the years.
However, and despite this decrease, the backlog has increased. An improvement has been observed in the conclusion of these cases, reflecting an increase in the efficiency of the court.
Reporters say it has been challenging to identify specific findings on the appeal rate of cases, the outcomes of appealed cases, and cases carried on appeal.
"...the difficulty lies in the fact that the data in the annual reports of the Special Courts of First Instance and Appeal are presented in an aggregated form, making it impossible to make a clear division and detailed analysis separately for the issues of corruption and organized crime ..." the report says.
Meanwhile, according to the report, the level of complexity of corruption schemes has changed significantly over the years, reflecting different strategies used to hide illegal activities.
In 2023, there were 2 high-complexity cases involving complex multi-party schemes, offshore accounts and shell companies.
But this is a decrease compared to the year 2022, where 5 such cases with high complexity were reported, indicating the involvement of fewer parties or sophisticated mechanisms for concealing illegal activities.
On the other hand, medium complexity schemes have remained stable over the years, with 1 case in 2023, 3 cases in 2022, 4 cases in 2021 and less in previous years.
"...it is worth noting that in 2023 there were no cases of low or minimal complexity, suggesting that high-level corruption cases involved more sophisticated activities..." the report states./Oranews
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