Identifier
Created
Classification
Origin
08TIRANA686
2008-09-11 05:53:00
CONFIDENTIAL
Embassy Tirana
Cable title:  

PM PLAYS NICE, PRESIDENT EXPRESSES CONCERN IN

Tags:  PGOV PREL KJUS PHUM PINR ECPS AL 
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PP RUEHFL RUEHKW RUEHLA RUEHROV RUEHSR
DE RUEHTI #0686/01 2550553
ZNY CCCCC ZZH
P 110553Z SEP 08
FM AMEMBASSY TIRANA
TO RUEHC/SECSTATE WASHDC PRIORITY 7426
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE PRIORITY
RUEKJCS/SECDEF WASHINGTON DC PRIORITY
RUEAIIA/CIA WASHDC PRIORITY
RUEHNO/USMISSION USNATO PRIORITY 3529
RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY
RUEHVEN/USMISSION USOSCE PRIORITY 2417
RHEFDIA/DIA WASHINGTON DC PRIORITY
RUEHBS/USEU BRUSSELS PRIORITY
C O N F I D E N T I A L SECTION 01 OF 02 TIRANA 000686 

SIPDIS

E.O. 12958: DECL: 09/10/2018
TAGS: PGOV PREL KJUS PHUM PINR ECPS AL
SUBJECT: PM PLAYS NICE, PRESIDENT EXPRESSES CONCERN IN
MEETINGS WITH AMBASSADOR

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

C O N F I D E N T I A L SECTION 01 OF 02 TIRANA 000686

SIPDIS

E.O. 12958: DECL: 09/10/2018
TAGS: PGOV PREL KJUS PHUM PINR ECPS AL
SUBJECT: PM PLAYS NICE, PRESIDENT EXPRESSES CONCERN IN
MEETINGS WITH AMBASSADOR

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


1. (C) SUMMARY: In separate meetings on September 4 and 5, a
conciliatory Prime Minister Berisha and a frustrated
President Topi discussed NATO ratification and the draft
media, intelligence agency and Prosecutor General laws with
Ambassador Withers. In response to the Ambassador's concerns
that the draft PG, media and intel reform laws appear
designed to undermine the independence of those institutions,
PM Berisha immediately began to backpedal and agreed to each
of the Ambassador's suggestions. However, President Topi
expressed his strong concerns that Berisha is continuing
efforts to undermine and control independent institutions,
particularly the Prosecutor General. END SUMMARY.

BERISHA: YOU WANT IT? YOU GOT IT
--------------


2. (SBU) Ambassador Withers opened the meeting with PM
Berisha by informing him that EUR A/S Fried would testify in
front of Congress on September 10 regarding NATO expansion.
Berisha thanked the Ambassador profusely for U.S. support of
Albania's NATO membership, and expressed admiration for
President Bush's "strong stand" on Georgia.


3. (C) The Ambassador then expressed concern over the draft
Prosecutor General law, telling Berisha that not only was the
process of drafting the law confused and opaque, but that the
draft itself still appeared specifically designed to impose
more political control on the work of the PG. (NOTE: This
was not the first time the Ambassador himself had engaged
directly with the GOA on the draft PG law. During previous
meetings with Minister of Justice the Ambassador objected
strongly to numerous provisions of the draft. The Minister
almost certainly reported these objections back to Berisha,
who likely factored this in to his decision to present a more
amenable face during his meeting with the Ambassador. END
NOTE.) The Ambassador asked that a full draft of the law be
given to the Working Group (in which OPDAT participates) for

a full review. Berisha agreed that the drafting process had
been confused, and agreed to make a full text of the draft
law available immediately. The PM then assured the
Ambassador that the PG law would, when finished, "meet all
international standards." Berisha told the Ambassador that
he would also push to have Parliament remove immunity for all
government officials and MPs, and not just for the Prosecutor
General. At the Ambassador's suggestion, Berisha also agreed
to remove from the draft a proposal to add an additional
Ministry of Justice representative to the Council of
Prosecutors. (NOTE: The Working Group believes the addition
of another MOJ rep. to the Council would increase government
control over the work of prosecutors. END NOTE). Berisha
also backed away from a proposal in the draft law to remove
the voting rights of the President's representative on the
Council.


4. (C) The Ambassador shifted the topic to reform of the
intelligence services, telling Berisha that he was "very
troubled" by a draft law the Embassy had seen that sought to
reorganize the intelligence services with an eye towards
giving the PM greater control. Berisha began backpedaling
immediately, telling the Ambassador he was unfamiliar with
any such draft and said the only draft law Berisha had seen
sought only to create a small office under the PM that would
analyze threats such as environmental catastrophes not
covered by the Ministry of Interior or Intelligence Service
(SHISH). Regarding the draft media law, Berisha said that
opposition Parliamentary Group Leader Valentina Leskaj was in
charge of drafting the new media law. The PM assured the
Ambassador he is ready to sign a new media law, "regardless
of the drafter, as long as it is up to the highest
international standards." Berisha added that he has "zero
intention to restrict the media" in any way.

PRESIDENT TOPI: BERISHA GOVERNMENT NON-TRANSPARENT
-------------- --------------


5. (C) The Ambassador assured President Topi that although
Albania has no stronger ally and advocate for NATO
ratification, the U.S. remains troubled by a number of
domestic developments in Albania, including concerns over
media freedom and the draft media, intel and PG laws. The
Ambassador told Topi that the closer Albania gets to NATO,
the higher the expectations for Albania.

TIRANA 00000686 002 OF 002




6. (C) Topi agreed that some work of the government was
being done non-transparently. He criticized government
efforts to politicize the work of Albanian State TV (TVSH)
through the appointment of partisan political officials, and
added that the opposition had also failed to criticize
efforts to politicize TVSH. Topi shared the Ambassador's
concern over the draft PG law, saying that his office also
had not been given a complete draft of the law. Topi
complained that the draft law sought to reduce the influence
of the President's office on the Council of Prosecutors while
at the same time increasing the role of the Ministry of
Justice by removing the voting rights of the President's
representative and adding one more MOJ representative. Topi
said it is "unacceptable" that it has taken four years for
the government to begin the process of issuing new ID cards
and expressed concern over the repeated delays in passing a
new electoral code.


7. (C) COMMENT: Berisha's newly conciliatory approach likely
reflects more a change in tactics and less a change in
overall strategy. After repeated clashes with the Embassy on
the draft PG and intel reform laws, Berisha appears to be
giving ground - at least for now. Regarding the draft PG
law, the last few days have seen a more transparent and
conciliatory MOJ, with almost all of the most objectionable
clauses of the original removed from the most recent draft.
It remains to be seen whether Berisha will live up to his
word on the other draft laws, but it was telling that Berisha
- who often becomes defiant during meetings when challenged -
conceded immediately during the meeting with the Ambassador,
agreeing to practically every suggestion the Ambassador put
forth. Nevertheless, the consensus view in Tirana among both
international and Albanian observers is that Berisha will
continue to seek greater control over the media, PG and intel
services, with a goal of asserting control over the Gerdec
investigation and better positioning his Democratic Party for
next year's parliamentary elections. The only difference now
is that Berisha is likely to abandon the frontal assault on
independent institutions in favor of a more indirect
approach.
WITHERS