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SPAK seized the Tirana incinerator, assuming the powers of the contracting authority

2023-08-01 16:03:22Fokus SHKRUAR NGA REDAKSIA VOX
The incinerator of Tirana

Through a notice published on the first day of the month of official holidays of the administration, the Special Prosecutor's Office announced the measure of preventive seizure of three companies connected, according to the accusation, with the Tirana incinerator concession.

In the same announcement, SPAK says that it has discovered the real owners of the concession company and quotes Mirel Mërtir and Klodian Zoto. Even the three companies that have been seized, SPAK says that they are owned by them.

The Special Prosecutor's Office accuses them of falsifying documents and benefiting from a VAT refund in the amount of 4 million euros. At the end, before the traditional clarification of SPAK announcements that everyone is presumed innocent until proven guilty, SPAK lists the names of three companies placed under sequestration.

This is the essence of the notice of the special prosecution for this case, which, unlike notices for similar charges involving corruption, does not mention any state contracting authority, nor state contract supervisory authority, nor their responsibilities.

The entire announcement revolves around two names, Mirel Mërtiri and Klodian Zoto. He does not say whether the procedure chosen for the granting of this concession was done in accordance with the law, nor is it illegal, nor who is responsible in the second case.

The law on public procurement also stipulates that the contracting authorities, in this case the institutions that granted this concession, must set up monitoring units for the implementation of the contract. In SPAK's announcement, this detail is avoided, intentionally or unintentionally, leaving two questions unanswered:

First, who is the contracting authority in the Tirana incinerator concession and what do the reports of the contract implementation supervision units for this incinerator contain?

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