Arrests with "uproar" for officials, while sentences are converted to probation

2023-05-01 18:32:06Investigim SHKRUAR NGA ERMAL VIJA
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On the day Leonard Palushi was found guilty, his conviction was not for malfeasance, but for corruption in the capacity of an officer allegedly bought off by an underworld individual with gifts. This way of thanking Erjon Alibej by giving the police of Elbasan vehicles and helping him with the cameras for the security of the bar was assessed as corruption. But the investigative file monitored by the FOL Center also shows that it was not possible to go to the other suspected policemen connected to Palushi, who has contested the sentence at a higher level.

FOL Centermonitored the sentencing of 32 policemen of the Morina border point in Albania who were found guilty, for charges ranging from embezzlement to corruption for violations favoring different citizens for illegal crossings and smuggling. All officers received sentences of no more than 2 years and eight months in prison, and the sentences were eventually converted to probation. A mitigating sentence was also given to the policemen Viktor Buca and Gëzim Lluka, who were investigated during the time when, for the arrest of a wanted person, they "imposed a fine" and demanded 10,000 euros in exchange for removing the handcuffs. The Special Court ordered the additional punishment of removing the right to exercise public functions for the next five years, as well as serving a sentence of 2 years and 4 months in a regular security institution. Both former policemen accused of passive corruption benefited from a summary trial, as did the person who offered the money for the illegal service. Two citizens denounced by an investigative show that shows the phenomenon of paying to receive a service were also considered guilty. The investigation based on the public denunciation shows how an inspector of the Internal Prison Service demanded a sum of 1,000 euros in order not to block a prisoner's phone. The Special Court sentenced Rendinel Korita to two years in prison and in the end ordered his probation for the next four years. Even the co-defendants in the same file, Nazmi Totraku, it turns out that he gave you the same tolerance, softening his sentence with probation. In two subsequent decisions against low-level officials in the Cadastre, it can be observed from the monitoring of the FOL Center that the employees who issued property documents and who were intercepted while boasting "I have both the stone and the nut in my hand", did not win all the probationary service. But only application of summary judgment. Admir Burri was sentenced to 4 years imprisonment, Gazmend Canaj to 2 years and 4 months, Neritan Bablusha to 2 years, Panol At Nikolla to 4 years imprisonment and removal of the right to exercise functions for five years, Gëzim Bazha to 8 months imprisonment , Ilir Ahmeti with one year of probation, Besnik Hyka with 1 year and eight months of probation, Ivi Cico with one year and 4 months of probation, as well as Shpëtim Bakiu and Bedri Halili. they did not win all trial service. But only application of summary judgment. Admir Burri was sentenced to 4 years imprisonment, Gazmend Canaj to 2 years and 4 months, Neritan Bablusha to 2 years, Panol At Nikolla to 4 years imprisonment and removal of the right to exercise functions for five years, Gëzim Bazha to 8 months imprisonment , Ilir Ahmeti with one year of probation, Besnik Hyka with 1 year and eight months of probation, Ivi Cico with one year and 4 months of probation, as well as Shpëtim Bakiu and Bedri Halili. they did not win all trial service. But only application of summary judgment. Admir Burri was sentenced to 4 years imprisonment, Gazmend Canaj to 2 years and 4 months, Neritan Bablusha to 2 years, Panol At Nikolla to 4 years imprisonment and removal of the right to exercise functions for five years, Gëzim Bazha to 8 months imprisonment , Ilir Ahmeti with one year of probation, Besnik Hyka with 1 year and eight months of probation, Ivi Cico with one year and 4 months of probation, as well as Shpëtim Bakiu and Bedri Halili.

How is corruption judged?

On December 19, 2019, the Special Structure against Corruption and Organized Crime began to function, with the belief that it would fight one of the biggest problems of our society, corruption. High officials, involved in corruption, but also organized crime were the target of this Special Structure. In 3 years of her work, dozens of officials caught in breach of duty, were investigated and appeared as defendants before the court. Actors of the justice system itself, prosecutors, judges and lawyers, who tried to do justice by being influenced by monetary values, appeared in front of the court. And the actors of the justice system are the ones who, more than all other public officials, ended up being convicted of corruption. According to the monitoring of the "FOL" Center, other investigations,

Referring to the official data that the "FOL" Center has provided, 61 cases are currently being tried in the Court of First Instance Against Organized Crime and Corruption, only 11 of them are related to the criminal offenses of "Active Corruption" and "Passive Corruption". During the past year, as far as punishments for corruption are concerned, the first instance has given 6 decisions, 4 of which are related to people of justice and 2 others to public officials such as the former mayor of Lushnja Fatos Tushe and former - Deputy Interior Minister Rovena Voda. According to the decision provided by the "FOL" Center, it turns out that the former head of the prosecution of Kukës, Edmond Karriqi, sentenced to 2 years and 4 months in prison, took a bribe of 2,000 euros to release an arrested person for drug trafficking. Along with Karriqi, 3 other people were also convicted who were found guilty by the court after they gave an amount of 2 thousand euros to Karriqi to release their relative. This is proven by the observations and eavesdropping of the police agents on the accused persons.

"It turns out that the defendant Dritan Dedja in the conversations with his father Rrahman Dedja confirms that he talked with the prosecutor. In the following, there are meetings of citizens Emirjan Bey and Dritan Dedja with citizen Isuf Gega and the latter with prosecutor Edmond Kariqi. From the phone intercepts of the subjects, it appears that the defendant Dritan Dedja talks on the phone with the citizen Rrahim Dedja, to whom he says that "on Monday we will take him, as long as he asked for Monday, you can visit them on Tuesday."... "I said on Monday, we will take it, take me a lek." ... "we collect the others". Citizen Rrahim Dedja informs him that the money is ready", the court decision states.

Last October, special appeals judges Engert Pëllumbi, Daniela Shirka and Saida Dollani changed the first instance decision, which suspended the prison sentence and placed Edmond Karriq on probation. The former head of the Kukes prosecutor's office was released from detention facilities in May of last year, but after this decision he returned to the cell to serve another 6 months in prison. For the other 3 convicts in the first instance, Isuf Gega, Emirjan Beu and Dritan Dedja, the appeal left the sentences unchanged.

During the trial and investigation phase, Karriqi stated that he only followed the law and at no time did he accept bribes from the persons found guilty by both levels of the trial. For this, he appealed to the Supreme Court.

Regarding the sentences given by the Special Court as well as the one of Appeal, the judge Hoxha claims that the sentences were given only on the basis of evidence and without any evidence.

"The Court of First Instance and the Court of Appeal have given several sentences to judges and prosecutors contrary to the administered evidence, but only on the basis of evidence according to Article 152/2 of the Criminal Code. Regardless of the fact that there were observations or interceptions, it was not possible to make an arrest in the act when it is claimed that these sums of money were given, since it was not ascertained by the judicial police officers when the sums of money were given. Not only in the case of Karriqi and Dritan Dedja, but also in similar cases, this has happened".

The strongest accusations against the Court and the prosecution have been issued by the former judge of the Court of Appeal of Korça, Mimoza Margjeka, who was convicted last December for corruption, on the suspicion that she received 6,000 euros to release an arrested person. After the decision was handed down by the first instance, Margjeka said that the decision on her punishment was ordered.

"I don't trust the institutions anymore. I know these people today have been impressed and commissioned. I feel sorry for them. For me, my family will find a solution. The world did not turn upside down. They condemned me, it's not the end of the world."

According to the investigations of the Special Prosecutor's Office, it turns out that Mimoza Margjeka's husband, Arben Cara, took a bribe of 6 thousand euros to change a decision. This amount of money was given in order to change the security measure, from "prison arrest" to "property guarantee", for the citizen Orion Bali, arrested for smuggling.

"On 29.07.2020 at 12:32, Nathan talks with his mother and explains that he has reached 99%, in this form he gave 6 thousand euros to them to take it out today, 5 million lek is needed as a property guarantee. That court will withdraw ALL 5 million when the case is over. 6,000 left him, not 7,500, he did not betray him. Next, they talk to their mother about where they will find the guarantee money. Neytoni tells him that Skenderi's friends will pay the money today and tomorrow they must take the money to him or they can come and get it in Tirana. The work is over with the euros, but they will give the Albanian Lek as a guarantee. Skenderi told him that 99% of this work is finished, then if the judge talks about it, they will have to deal with him after he gave him the money last night", the court's decision states.

The court of first instance has also sentenced Margjeka's husband, Arben Cara, to 4 years of imprisonment, who is accused of taking the money in order to give the decision. Similarly, Klaudjo ?illa was also sentenced to three years in prison. While the lawyer Skënder Demiraj was sentenced to 3 years in prison, but the sentence was converted to 3 years of probation. Nathan Bali, the person who intervened to free his relative, was sentenced to 2 years and four months of probation.

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