Identifier
Created
Classification
Origin
08TIRANA177
2008-03-07 16:52:00
CONFIDENTIAL
Embassy Tirana
Cable title:  

CONSTITUTIONAL COURT TO DECLARE DISMISSAL OF

Tags:  PGOV AL 
pdf how-to read a cable
VZCZCXRO8847
PP RUEHFL RUEHKW RUEHLA RUEHROV RUEHSR
DE RUEHTI #0177/01 0671652
ZNY CCCCC ZZH
P 071652Z MAR 08
FM AMEMBASSY TIRANA
TO RUEHC/SECSTATE WASHDC PRIORITY 6793
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
C O N F I D E N T I A L SECTION 01 OF 02 TIRANA 000177 

SIPDIS

SIPDIS

DEPT OF JUSTICE FOR OPDAT, ICITAP

E.O. 12958: DECL: 03/07/2028
TAGS: PGOV AL
SUBJECT: CONSTITUTIONAL COURT TO DECLARE DISMISSAL OF
FORMER PROSECUTOR GENERAL SOLLAKU A VIOLATION OF
CONSTITUTIONAL PRINCIPLES

REF: A. 07 TIRANA 1003


B. 07 TIRANA 974

C. 07 TIRANA 949

Classified By: DCM Stephen A. Cristina, Reasons 1.4 (B) and (D).

C O N F I D E N T I A L SECTION 01 OF 02 TIRANA 000177

SIPDIS

SIPDIS

DEPT OF JUSTICE FOR OPDAT, ICITAP

E.O. 12958: DECL: 03/07/2028
TAGS: PGOV AL
SUBJECT: CONSTITUTIONAL COURT TO DECLARE DISMISSAL OF
FORMER PROSECUTOR GENERAL SOLLAKU A VIOLATION OF
CONSTITUTIONAL PRINCIPLES

REF: A. 07 TIRANA 1003


B. 07 TIRANA 974

C. 07 TIRANA 949

Classified By: DCM Stephen A. Cristina, Reasons 1.4 (B) and (D).


1. (C) SUMMARY: In a decision that is yet to be announced,
the Albanian Constitutional Court has ruled in favor of
former Prosecutor General (PG) Theodor Sollaku, finding the
Parliamentary Commission that headed the dismissal procedure
against Sollaku violated the constitutional principle of
separation of power in the Republic of Albania. In a 6-3
decision, the Court concluded that the scope of the work of
the Commission went beyond Parliament's competence and
clashed with the powers of the Prosecutor's office. A member
of the Constitutional Court confirmed the verdict to us,
saying the decision will be released when it has been
carefully drafted, probably a least a month from now.
Constitutional Court decisions are not retroactive, so this
decision does not directly affect the appointment of Ina Rama
to replace Sollaku. It confirms, however, that the
Parliament violated the Constitution in the process that led
to Sollaku's removal. The same Court member told us that the
Court would seek to rule on Sollaku's pending second appeal
in a way that would not jeopardize Rama's tenure or "disrupt
institutional stability," with that decision expected within
the next month. END SUMMARY.


2. (C) According to Constitutional Court (CC) member Sokol
Berberi, the Court upheld former PG Sollaku's appeal seeking
resolution of the competencies of Parliament and of the
Prosecutor's Office, ruling against the Parliamentary
Investigative Commission that recommended Sollaku's dismissal
in November 2007 (Ref B). The CC established that
Parliament violated powers that are the exclusive right of
the Prosecutor's Office. According to Berberi, the Court
upheld the arguments presented by Sollaku and declared that
Parliament does not have the right to examine decisions
reached by the PG in the exercise of his constitutional
duties. Furthermore, the CC ruled that Parliament does not
have the right to review a Prosecutor's decision not to
initiate a criminal proceeding, to terminate a criminal

proceeding, or to review the alleged failure of a PG to
investigate cases reported by GOA agencies. All of these
complaints were raised against Sollaku by the government and
governing coalition parliamentarians in the months-long
effort led by PM Berisha to remove Sollaku, whom he accused
of being lax in prosecuting corruption (Ref C). The CC
additionally found the Parliamentary Commission in breach of
the Constitutional principle of separation of powers in the
Republic of Albania.


3. (C) Berberi explained the decision had not yet been
written. It may take more than a month for it to be released
publicly. The Court, he said, wants to take the necessary
time to produce a comprehensive decision that would establish
clearly the principle of an independent prosecutorial service
and help to prevent a repetition of the actions leading to
Sollaku's dismissal. Berberi confirmed that the decision
does not affect actions following Sollaku's dismissal, but
the Court wants to establish clear guidelines to prevent any
future government from attempting such actions. (Note:
Sollaku's predecessor was dismissed under similar
circumstances under the previous Socialist Party government,
leading to Sollaku's appointment -- with then opposition
member Sali Berisha's concurrence.)


4. (C) Referring to a second case filed by Sollaku, after
his dismissal as PG, Berberi said the Court would seek to
reach a balanced decision that "would not upset the current
institutional tenure," clearly referring to the appointment
of current PG Ina Rama (Ref A). Other court sources
suggested that decision would come within the next month.


5. (SBU) The decision, general outlines of which have been
published in the media, establishes important guidelines for
the relationship between Parliament and the Prosecutor's
Office. Because CC decisions do not have retroactive power,
it will not affect Sollaku's fate or the operation of Ina
Rama as the new PG. It clearly establishes, however, that
the process leading to Sollaku's dismissal was flawed and did
not respect Albania's Constitution.


6. (C) COMMENT: Assuming the CC decision, when released,
is as described to us, it sets a powerful precedent in
defense of the independence of the Prosecutor's Office in
Albania. By extension, this defense should apply to other
independent institutions, if not as a technical matter of
law, then as a matter of principle. The Court is engaged in

TIRANA 00000177 002 OF 002


a carefully choreographed dance, trying to establish clear
boundaries between institutions while not disrupting
institutional stability.


7. (U) CASE TIMELINE:

May 2, 2006: Parliament establishes first Parliamentary
Investigative Commission on PG Sollaku.

October 2006: Then President Moisiu rejects Parliament's
proposal to dismiss Sollaku, stating the proposal was
unconstitutional.

December 4, 2006: CC finds the first Investigative
Commission violates the principle of separation of powers.

October 25, 2007: (Following the end of Moisiu's term in
office and the appointment of President Topi.) Parliament
establishes the second Investigative Commission on Sollaku.

November 1, 2007: PG Sollaku appeals Parliament's October 25
decision to the CC. (This is the case determined by the
Court.)

November 22, 2007: President Topi dismisses Sollaku and
appoints Ina Rama as the new PG.

November 26, 2007: Citizen Sollaku appeals his dismissal by
Topi to the CC. (Decision on this case expected.)
WITHERS