SUPREME COURT SUSPENDS TWO MAJOR CRIMINAL CASES

UNCLAS TIRANA 000292

SIPDIS

SIPDIS
SENSITIVE

DEPARTMENT FOR EUR/SCE
DOJ FOR OPDAT AND ICITAP

E.O. 12958:N/A
TAGS: PHUM KCRM PGOV PREL AL IT
SUBJECT: SUPREME COURT SUSPENDS TWO MAJOR CRIMINAL CASES


1. (SBU) SUMMARY: The Chief Justice of the Albanian Supreme
Court, Thimio Kondi, issued two suspension decisions in December
2007 that froze the application of criminal sentences on two
trafficking-related cases pending the final decision of the Supreme
Court. Kondi's decision froze the enforcement of the final criminal
conviction on a human trafficking case involving two individuals who
exploited several women for prostitution. In another decision,
Chief Justice Kondi suspended the application of the conviction
against a high profile fugitive involved in a cigarette smuggling
case. Both decisions aroused protests from Serious Crime
prosecutors and the media. Although this is not a trend, the two
suspensions are disturbing. END SUMMARY.


2. (U) The Serious Crimes Prosecution Office successfully
prosecuted an important anti-trafficking case related to the
trafficking of women for prostitution and the use of criminal
proceeds to fund businesses in Albania. Fatmir Tahiraj and Arjan
Kane, from Fier, Albania, were engaged in prostitution trafficking
since 1997 and used the proceeds to build large businesses in Tirana
and Fier. Their method of trafficking was to marry Albanian women
and then take them to Italy where they were forced into
prostitution. On December 11, 2007, the Serious Crimes Appeals
Court sentenced the two individuals to 20 years in prison on charges
of prostitution exploitation in aggravated circumstances and
confiscated their business assets in Tirana and Fier. Kane is in
custody, but Tahiraj remains a fugitive.


3. (U) The case involved cases of three women, all of whom were
married or engaged to the defendants. The women testified before
prosecutors in Albania and Italy that they had been pushed to
prostitution in Italy. One woman was threatened by Tahiraj that if
she did not make a certain amount of money each day he would kill
her relatives in Albania. Under extreme physical and psychological
pressure, she was forced to continue as a prostitute for more than
two years. The prosecution of the case involved extensive
cooperation with Italian judicial authorities because the crimes
occurred in both Italy and Albania. Two of the women continued to
live in Italy.


4. (SBU) Following a request by Tahiraj on December 26, 2007, Chief
Justice Kondi suspended the decision of the Serious Crimes Appeals
Court as it related to the confiscation of Tahiraj's assets. Judge
Kondi used a provision in the Criminal Procedure Code that gives the
right to the Supreme Court Chief to freeze Appeals Court criminal
decisions until final hearing by the Court. While this procedure is
a normal practice in civil cases, this was the first time that such
a decision on a criminal case came to our attention.


5. (U) On December 31, 2007, Chief Justice Kondi issued another
suspension order on a high profile cases related to cigarette
trafficking through the port of Durres. On June 22, 2006, the
Serious Crimes Court had sentenced Ndoc Gjergji to five years in
prison on charges of trafficking large quantities of cigarettes
through the port of Durres. Ndoc Gjergji was part of a violent
trafficking group that used the Port of Durres to smuggle large
quantities of cigarettes and other substances into Albania. Other
individuals convicted in this investigation included Leonard Koka,
the brother of then-mayor of Durres and a close associate to former
Prime Minister Fatos Nano. Ndoc Gjergji has been a fugitive since

2005.


6. (U) In Kondi's December 2007 suspension decision, he claimed
that the execution of the criminal decision against Gjergji would
create significant problems for Gjergji's family. Following Kondi's
decision, Ndoc Gjergji's name was removed from the list of people
wanted by the Police and he is considered by the court a free man
until a final verdict by the Supreme Court on his appeal.


7. (SBU) These decisions were unusual not only because there have
not been a great many suspensions approved by the court, but also
because they provided lenient measures to fugitives that have tried
to escape justice for several years. Judge Kondi's term in office
expires in May 2008.


8. (SBU) COMMENT: While these two cases do not suggest a trend,
they are disturbing in light of their relation to two serious
criminal cases, one involving human trafficking. They clearly send
the wrong signal at a time when Albania is claiming to be focused on
judicial reform and eradication of organized crime. While the
decisions by the Supreme Court are negative, they highlight the
success of the Serious Crime Prosecutors Office and Serious Crimes
Court, both of which have established a solid crime-fighting
reputation since their establishment in 2004.

WITHERS