PM BERISHA'S DEMOCRATIC BACKSLIDING

C O N F I D E N T I A L SECTION 01 OF 02 TIRANA 000675

SIPDIS

E.O. 12958: DECL: 09/05/2018
TAGS: PGOV PREL KJUS PHUM PINR AL
SUBJECT: PM BERISHA'S DEMOCRATIC BACKSLIDING

REF: TIRANA 452

Classified By: Ambassador John L. Withers, reasons 1.4 (b) and (d)


1. (C) SUMMARY: Since the Bucharest Summit in April, Prime
Minister Berisha has embarkedon eries of attempts to
consolidate his powerat the expense of key independent
institutions, ncluding efforts to undermine and interfere in
te work of the Prosecutor General, obstruct the onging
investigation into the March Gerdec explosio, take greater
control of the intelligence servics, and muzzle free media.
There are several factrs apparently motivating Berisha in
this trend: ear that the ongoing Gerdec investigation will
iplicate his son; a desire to strengthen his hand i the
run-up to next summer's parliamentary electin; and the
erroneous perception that Albania's NTO invitation has
lifted international scrutiny rom Albania, giving Brsha a
perceived green liht to step back fromdmcratic reforms.
END SUMMRY.

Pressure onteProsecutor General
--------------


2. (SBU) Prosecuto eea Ina Rama a een a near
constant targeto eih's sineMrh, including:

- Public uiito t th ad f Berisha ally and Speakero alaent oal, who ordered Democratic Pary(D P
to wakot on the PG's address to tePrimn and then
cleared the diplomatic visio eto (including mbassy
OPDAT Advisor) sota ofreigners would be seen when the
session wasbodcast on TV. Topalli also sent an open
letter o Rama, directing the PG on how to carry out the
Gerdec investigation.

- The new draft PG law, which seeks to undermine the
independence and status of the PG by providing for the
automatic suspension of lower-level prosecutors accused of
any crime, no matter how minor (thereby taking away PG's
discretion in removing line prosecutors); reducing the pay of
the PG; and increasing political control over prosecutors by
the Ministry of Justice by adding another MOJ representative
to the Council of the Prosecutor's Office. The original
draft law, which was much worse, was only reluctantly changed
by drafters after strong private and public opposition by the
Embassy and others in the foreign diplomatic community.

Interference in the Gerdec Investigation
--------------


3. (C) PM Berisha and Speaker Topalli have tried both
publicly and privately to obstruct efforts by the PG and
others to fully investigate the March Gerdec explosion:

- Both Berisha and Topalli tried unsuccessfully to obstruct
PG Rama's efforts to convince Parliament to strip former
Minister of Defense Mediu of his immunity, a key target of
the investigation.

- Berisha's PD allies in Parliament rejected all five of
President Topi's nominees for the High Court (the court which
will pass judgment on Mediu's trial in connection with
Gerdec) for no discernible reason (reftel) - but later under
pressure approved a compromise slate agreed upon by both
Berisha and Topi. According to the constitution, Topi alone
has the right to nominate judges to the High Court, which
must be approved by Parliament.

- The Deputy Head of the High Council of Justice, which plays
a major role in the nomination and supervision of judges,
told the Ambassador that Berisha had angrily confronted him
and accused him of "limiting the government's influence over
the judiciary," then threatened to have the Deputy Head
removed from office and "publicly ruined."

Increased Control Over the Intel Services
--------------


4. (C) Shortly after the Gerdec explosion, Berisha began a
public campaign to blame the state intelligence service
(SHISH) for the tragedy, then used Gerdec as an excuse to
push to make SHISH subordinate to a new Department of
Security that would report directly to the PM. At the same
time, the Parliament approved the strengthening of the
Ministry of Interior Internal Service - fully controlled by

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the PM - and which has legal authority to carry out
wiretapping and domestic intelligence gathering. Post has
learned that a new draft intelligence law, designed to weaken
SHISH further, is in the works.

Increased Pressure on Independent Media
--------------


5. (SBU) Recent weeks have seen an increase in pressure on
broadcast media:

- The Ministry of Culture is trying to force Albania's most
popular independent media outlet Top Channel - often a critic
of the Berisha administration - out of its current offices,
in violation of a legal lease Top Channel signed with the
building's landlord, the Ministry of Economy (the building,
the former tomb of Enver Hoxha, is listed as a historic
landmark and thus under the jurisdiction of the Ministry of
Culture). The Minister of Culture reportedly told Top
Channel's director that he had been directed by Berisha to
expel Top Channel from the building or lose his job.

- On September 1, numerous TV outlets in Tirana received
letters from the National Council on Radio and Television
(NCRT) (equivalent to the U.S. FCC) instructing them not to
run an ad critical of the government. The ad was paid for by
a legally registered NGO, G99. One station has already been
fined for running the ad. According to the law, ads by
political organizations - but not NGOs - are subject to
regulation by electoral laws. G99 is challenging the NCRT
ruling.

- An OSCE review has determined that a new draft media law
could increase "the level of political control by the
government" over the media and potentially lead to the
closure of a pro-opposition TV station in Tirana. The draft
law would also undermine the independence of Albanian state
TV and the NCRT.


6. (C) COMMENT: Taken together, Berisha's attempts to assert
greater control over the judicial system, media and
intelligence services, plus his attempts to undermine the
Gerdec investigation, reveal an unmistakable and disturbing
trend. The common denominator seems to be an attempt to
negate the ability of key institutions to voice opinions of
take actions contrary to the views of the PM. His immediate
objectives seem to be to control the Gerdec investigation, in
that SHISH, the courts, the PG and the media all play a major
role in exposing the shady business deals and corruption that
led to the March explosion, as well as and most importantly
possible links to Berisha's son, who is rumored to have had a
business interest in Gerdec. A second motivation is
certainly Berisha's wish to control the upcoming
parliamentary elections, which are currently scheduled for
June of 2009. The Embassy has raised USG concerns about such
counterproductive moves on the part of a potential NATO ally
in private conversations with senior GOA officials, including
Berisha himself, and in occasional public statements, as have
increasingly key international players, including OSCE, EC,
human rights groups, and other NGOs. These efforts have had
some success in stemming the tide. However, with next year's
election likely to be close and the Gerdec investigation
creeping nearer to implicating the PM's family members,
Berisha's forays against independent institutions are likely
to be ongoing. We must make sure he understands how
carefully we are watching.
WITHERS