The 12th episode of the "Talk to Anila Hoxha" podcast on Top Albania Radio, a project of the "Talk" center under the support of the Public Relations office at the American embassy in Tirana, is titled "Second Chance".
Ex-policeman Behar Ismaili was arrested, tried and acquitted. At the same time that measures were taken against him, he is dismissed from office. In the podcast, he tells his story about the struggles of returning to work.
Excerpts from the conversation:
Anila Hoxha: In the studio we are with Mr. Behar Ismaili, who graduated from the Police Academy and served in the police for almost 5 years. Furthermore, he went from a person who arrested people suspected of various criminal offenses because he was engaged as a crime agent at the Rinas Police Station to a person arrested by his colleagues. He will explain to us all the consequences that he continues to experience. Hello Mr. Ishmael.
Behar Ismaili: Hello Anila. Thank you for the invitation.
Anila Hoxha: When did the investigation against you start?
Behar Ismaili: The investigation against us started normally without our knowledge. It started for an event on December 26, 2019, it was on the eve of the New Year. I was at work, together with my colleague who has now returned to work, his name is Besian Mustafa. We received a call from our superior "that a person will come to the entrance and is suspected of having fake documents". The order was of particular importance. We waited for the person at the entrance. We first printed the TIMS card because we did not know the person. When I waited for the person at the Rinas airport, he was visually seen by me and the crime officer at the entry point and was stopped.
Anila Hoxha: Were you with an identification document "police officers" or were you conducting an operation as an unidentified "crime agent"?
Behar Ismaili: We were unidentified. We were civilians. The moment we stopped him, we introduced ourselves and went to the second customs line, which was equipped with cameras. The person in question was checked, his luggage was checked and he was physically checked and we did not find anything illegal.
Anila Hoxha: Did he leave Albania?
Behar Ismaili: No, he was returning to Albania. It was at the entry point. We opened his wallet and since it was a new wallet, there are usually some plastic items that are bought together with the wallet or shot in the wallet, and we took these to the laboratory. And we also sent our superior with a photo. We received an answer that "it is not of interest to us, what you sent us, with photos". After that, we spoke again with our superior and we were given the order "to continue freely because as long as he does not have false documents with him, we do not have what to operate anymore".
Anila Hoxha: On the phone or on the police radio?
Behar Ismaili: On the phone. This event occurred on December 26, 2019. We proceeded on May 16, 2020.
Anila Hoxha: Several months passed from the event to the proceedings? So you investigated this individual?
Behar Ismaili: For this individual.
Anila Hoxha: And with the accusation?
Behar Ismaili: Abuse of duty in cooperation.
Anila Hoxha: What did you do? What did you suspect?
Behar Ismaili: It is assumed that we found fake documents on the person in question and did not report them.
Anila Hoxha: What is the evidence against you?
Behar Ismaili: The proof was a phone call he had made. He had just left our office and picks up someone from the conversation who turns out to be a woman and says "Honey, they found my card, and left me. But I don't know why they left me." During the investigations, it turned out that he never had false documents with him, and it even turns out that these documents were blocked in Portugal.
Anila Hoxha: Was this a wanted person? Why was he suspected of traveling with false documents?
Behar Ismaili: This was part of a proceeding and it was suspected that he was a person who helped other people to flee to countries like England, in this case.
Anila Hoxha: How many people were there in total?
Behar Ismaili: If I'm not mistaken, 24-25.
Anila Hoxha: The moment of the arrest. Were you on duty? Where were you?
Behar Ismaili: I was at home. They took me on the phone and I introduced myself. They told me that a "house arrest" measure has been communicated to them.
Anila Hoxha: Did it come as something unexpected when you asked to learn why?
Behar Ismaili: Normally we asked for evidence, we asked for facts but...
Anila Hoxha: How was that moment?
Behar Ismaili: Normal that was disappointing. I knew that whatever kind of accusation they could make against me I knew that I was very clean on this part. That our duty...no police officer when he receives an order from his superior and when it is of special importance has no opportunity to play with his superior's order. Because it is known that there is something out of the ordinary. It is, so to speak, a work of special importance.
Anila Hoxha: How long did the court process last?
Behar Ismaili: The court process lasted until spring. Until 2023.
Anila Hoxha: Were you tried by the Special Court or what happened? Given that the acts were registered by the former Serious Crimes and therefore should be transferred to the Special Court.
Behar Ismaili: We were taken as defendants by the Serious Crimes Court. Then the court declared incompetence. Because he could not judge abuse of office and we have moved to the Court of Tirana.
Anila Hoxha: What happened in the trial? Was the prosecution withdrawn or...?
Behar Ismaili: The prosecution demanded innocence and the court granted us innocence.
Anila Hoxha: What about other people?
Behar Ismaili: Regarding the other persons, I do not know that they continued the trial at the Serious Crimes Court.
Anila Hoxha: Did you receive acquittals from all levels of the judiciary?
Behar Ismaili: For the criminal side. While in administrative...
Anila Hoxha: You were suspended in the meantime? Did you get fired? What happened?
Behar Ismaili: On the administrative side, we were prosecuted in May and in August we were both expelled from the State Police.
Anila Hoxha: Then you opened a process? After the prosecution claimed innocence, the court approved it in a final form?
Behar Ismaili: We opened the administrative process from the moment we were expelled from the State Police for a period of 5-6 months, if I'm not mistaken, the Court of First Instance rejected the order of the General Director, without finishing the criminal investigation.
Anila Hoxha: Currently, what is the final decision of the administrative and criminal court?
Behar Ismaili: In the Administrative Court, the final decision has not been taken, because it is in the Administrative Court of Appeal, while we won it in the first instance. Now normal, the State Bar has appealed.
Anila Hoxha: Have you returned to the police, Mr. Ishmael?
Behar Ismaili: No, I have not returned to the police, there is a legal space to return to the police. I made a request to the Border Directorate, Tirana. As far as I know, the request has been forwarded, but it has been 4 months since I received a response.
Anila Hoxha: What are the consequences of this investigation, also of the announcement of the measure, the notification of its method, your judgment, waiting, leaving the police? What were the direct consequences in your life?
Behar Ismaili: The consequences?! The consequences are normal, the consequences are inevitable because we are family members, we are in our prime. It is assumed that we will create life, continue life, feed the family. We have invested for that job. We have finished an education and the consequences are as an individual but also in relation to the family.
Anila Hoxha: Why do you think you were arrested?
Behar Ismaili: I believe that it is a truncated and biased investigation.
Anila Hoxha: For what reasons?
Behar Ismaili: The reasons started from the interception and were taken as fact. It was just an indication and they made it a fact.
Anila Hoxha: That's all?
Behar Ismaili: That's all.
Anila Hoxha: We followed Mr. Behar Ismaili, a police officer who has had his troubles with justice and who, of course, despite his innocence, despite a clean testimony, continues to suffer the consequences of facing Albanian justice. We'll be back in the studio in a bit.