ALBANIA: FORMER INTELLIGENCE SERVICE DIRECTOR, NOW

UNCLAS SECTION 01 OF 02 TIRANA 000378

SIPDIS
SENSITIVE

DEPT FOR EUR/SCE
DEPT OF JUSTICE FOR OPDAT, ICITAP

E.O. 12958:N/A
TAGS: KCRM PINR PGOV AL
SUBJECT: ALBANIA: FORMER INTELLIGENCE SERVICE DIRECTOR, NOW
DIRECTOR OF TAX ADMINISTRATION, UNDER HOUSE ARREST

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Summary
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1. (SBU) Prime Minister Berisha has refused to dismiss a senior
government official facing criminal investigation. The General
Director of Tax Administration, Arben Sefgjini, was formally charged
by the Prosecutor's office for kidnapping and torture with grave
consequences during his previous service as the Tirana Director of
the repressive SHIK, the Albanian National Intelligence Service of
the mid-1990s. Sefgjini is under house arrest. At a time when
domestic and international focus is on the Albanian legal system in
the wake of Gerdec, this case stands in contrast to PM Berisha's
proclaimed fight again corruption and crime. End Summary.

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Prosecution for Kidnapping and Torture
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2. (U) In April, the Serious Crimes Prosecution Office brought
charges against Sefgjini and three other persons related to the 1995
disappearance of a Macedonian citizen of Albanian ethnicity. During
the time of the disappearance, Sefgjini was the Tirana Branch
Director for the Albanian National Intelligence Service (SHIK, the
precursor to today's SHISH). The Serious Crimes Prosecution Office
also obtained approval to place Sefgjini under house arrest to avoid
potential escape. Sefgjini served pre-trial confinement in a
previous case involving the same events in 2003, but he was never
convicted.


3. (U) Opposition political parties and the media were quick to
point out that, according to the law on civil service, the Tax
Director should be immediately suspended from his duties until the
legal process is completed. There was initially no reaction from
the government and the prosecution was unable to locate Sefgjini.
After political pressure mounted, Sefgjini was found and placed
under house arrest. Sefgjini then challenged the house arrest in
Tirana's Serious Crimes Court. The Court not only maintained the
house arrest order, but the prosecutor added an additional charge
for the torture of an additional person.


4. (U) When asked by the media why he had not and was not
dismissing Sefgjini as Tax Director, Prime Minister Berisha said
that Sefgjini had already been to prison and received full
compensation from the court after the 2003 case was dropped.
Berisha said he would take no action against Sefgjini, and added
that the "courts have too much power in Albania and must be
reformed." Opposition Socialist Party (SP) Chairman Edi Rama
immediately declared that by this statement, Berisha was seeking to
predetermine the results of the judicial process. Rama said,
"Berisha continues to be the shield of this character (Sefgjini).
He is the only person in the world who continues to hold a senior
state function while under arrest." Opposition Movement for
Socialist Integration (LSI) Chairman Meta commented, "Berisha
threatens and challenges the courts of the country by not dismissing
a trusted director of his, charged with the crime of murder."

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Sefgjini Background
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5. (U) Arben Sefgjini was appointed Director General of Tax
Administration in March 2008, the first time his name re-emerged
since he was placed in prison in 2003. At that time, he served a
one-year detention while Albanian prosecutors were investigating the
1995 kidnapping, torture, and disappearance of an ethnic Albanian
Macedonian businessman named Remzi Hoxha and two Albanian citizens,
Ziso Kristopulli and AdlLsa. oxa wasasemi-public figure
and atv nthemovement fr the liberation of Kosovo. AtrHoxha disappaed in 1995, his family stae hat he died atthe
hand of his kidnappers. Te two other indiiduls who disappeared
with Hoha, Kristopulli nd oshaj, are still alive and ar expected
to tetify in the Hoxha case.


6. (U In 1995, Sefgjini was observed with SHIK officersIlir
Kumbaro, Avni Koldashi and Budjon Mece, abdcting Hoxha with a SHIK
vehicle. Currently, Kumaro's whereabouts are unknown, Koldashi is
also nder house arrest, and Mece is in the hospital. Depite the
wide publicity to this case brought by oxha's family, Sefgjini,
Mece, Koldashi and Kumbro were released in 2004 when lawyers
realized al of the men were covered by the 1997 amnesty law ssued
by then-President Berisha. After being relased, Sefgjini worked as
a private lawyer. Litte is known about his activities until he was
appinted as Director of h Bailiff's Office in 2007.

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Comet

TIRANA 00000378 002 OF 002


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7. (SBU) Prior to its reform and restructuring as today's SHISH,
the SHIK was a repressive instrument used by the government to
suppress dissent. Sefgjini was a senior director of this group and
as Tirana Director one of its most powerful. His current
appointment to a senior position in the government attracted
attention and criticism from the opposition. The Prime Minister's
refusal now to suspend Sefgjini pending resolution of these
long-standing charges, as required by Albania's civil service law,
is a decision of questionable political merit in the current climate
of attention to Albanian rule of law and the battle against
corruption. The outcome of this case, and of the ongoing
parliamentary debate over the removal of immunity for former
Minister of Defense Fatmir Mediu, are key tests of the government's
willingness to apply the rule of law impartially, including to
favored politicians and those close to the political elite. The
work of the Serious Crimes Prosecution Office to secure Sefgjini's
arrest in this lingering case is a positive step by another of
Albania's fledgling independent institutions.

WITHERS