DAS JONES MEETING WITH PM BERISHA

C O N F I D E N T I A L SECTION 01 OF 02 TIRANA 000797

SIPDIS

DEPT FOR EUR/SCE

E.O. 12958: DECL: 10/29/2018
TAGS: PGOV PREL PHUM AL
SUBJECT: DAS JONES MEETING WITH PM BERISHA

REF: A) TIRANA 199 B) TIRANA 752

Classified By: AMBASSADOR JOHN WITHERS FOR REASONS 1.4 (b) AND (d).


1. (C) Summary: In an October 29 meeting with DAS Jones, a
tired and unhealthy-looking PM Sali Berisha offered both
effusive praise for the U.S., as well as a rambling but
spirited denial that he or the GOA were trying to undermine
independent institutions, especially the judiciary. Berisha
outlined reforms the GOA is making and said that it is
approaching the "highly explosive" problem of corruption and
organized crime with a "zero tolerance" attitude, adding that
Parliament is close to passing a law on immunity for GOA
officials. Berisha pledged full support for the GOA
investigation into the Gerdec tragedy, but in a thinly veiled
justification for his recnt attacks on her, called into
question the legality of some of the Prosecutor General,s
decisions. End summary.


2. (C) PM Sali Berisha opened the meeting with a long
monologue, both thanking the U.S. for its "historic" support,
and defending GOA actions over the past several months.
Berisha added that Albania's entry into NATO is the most
significant event in its history since the U.S. recognized
Albanian independence. Berisha also expressed his gratitude
for Millennium Challenge Account assistance and said that it
is helping reform the GOA. He said he could never do for the
U.S. what it has done for Albania.


3. (C) Berisha then outlined GOA progress on organized crime,
corruption, elections and the legal system. He blamed
politics and "systemic" corruption for the extent of
organized crime. However, he stressed that the GOA is
fighting it with a "zero-tolerance" attitude. For example,
he said that in the past few years, the GOA has broken up 206
criminal organizations and arrested more than 950 individuals
associated with organized crime. He again praised U.S.
assistance, singling out ICITAP and OPDAT programs as
instrumental in the battle against corruption.


4. (C) Berisha claimed a "new chapter" is opening in the
fight against corruption. Saying that "impunity" threatens
to "destroy Albania," he said the GOA is working intently on
a law that will limit the broad immunity that
parliamentarians and other high-level officials law currently
enjoy. He claimed that soon Albanian laws on immunity will
be more in line with Western ones. Berisha is optimistic that
an immunity bill will pass soon by consensus. Interestingly,
he said public statements by the Ambassador on this subject
were "highly helpful" in the debate. As an example of this
"new chapter" he said that in comparison to three years ago
when only 2 individuals were arrested for corruption, more
officials, including Ministers and Deputy Ministers, are
under investigation for corruption.


5. (C) Regarding elections and the judiciary, Berisha said
Albania has changed its election code and left behind the old
"gerrymandering" system. He pledged to do his best to ensure
free and fair elections and asked the U.S. to send many
observers to see the elections first hand. He said the GOA
is proceeding with voter identification cards and the
overriding goal is free and fair elections. He also
mentioned that the GOA has is working to pass a law on the
judiciary and said experts have given favorable opinions and
input to the Prosecutor General law. (COMMENT: Berisha failed
to mention that the original version of the draft PG law as
prepared by MOJ would have severely limited the independence
of the prosecutor general and that OPDAT, EURALIUS (an EU
counterpart to OPDAT),and the Prosecutor General,s office
are fighting to get a copy of the draft law and to get
sensible changes introduced. Only after the Ambassador spoke
with Berisha himself did this happen. END COMMENT.)


6. (C) DAS Jones thanked Berisha for his support and
emphasized the close level of relations. DAS Jones described
to Berisha the White House ceremony on October 24 in which
President Bush had officially signed the articles of
accession for Albania's entry into NATO. However, he told
Berisha that the GOA must continue to work at building
independent democratic institutions and support them
politically and economically. Jones added that Ambassador
Withers is Albania's best friend. By raising his concerns
about Albanian democracy and corruption with the government,
he helped ensure that Albania was ready to join the Alliance.
Now that the protocols were signed, Albania must not slide
backwards. Berisha assured Jones that he was committed to a
transparent process for passing legislation and also to
protecting the independence of the Prosecutor General.


7. (C) Berisha then went to pains to explain that Foreign
Minister Basha's recent trips to the U.S. served only to

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reiterate directly to Washington the reforms and changes
Albania is making. He said he is concerned that some
observers are attempting to color this visit in a different
light, however no ill will was meant.


8. (C) Moving on to the March explosion at Gerdec (ref A)
Berisha said it was "a very tragic accident." He said that
as a result of this tragedy the Minister of Defense resigned
and many high-level military officers were dismissed.
Immediately following the explosion, he said he met with
Prosecutor General Ina Rama and told her that he would give
whatever help she needed to complete the investigation.
Berisha then claimed that the ongoing investigation into
Gerdec, particularly the investigation of former Defense
Minister Mediu, had actually harmed the investigation as it
"shifted" the military into a defensive and timid posture
which made the uniformed military afraid to act for fear of
losing their jobs. He said that the GOA needs a full
investigation into the Gerdec explosion, and the military is
involved at every step. (COMMENT: Berisha left unsaid the
fact that he and his government attempted early in the
investigation to shift the blame to the military and that
this more than any thing else explains the current reluctance
of the military to make any decisions. END COMMENT.)


9. (C) Berisha also reiterated his commitment to the
independence of GOA institutions. Parliament is Parliament,
he said, and even when mistakes are made, as long as it is
adhering to the Constitution, it must be respected. However,
he said, there is a perception that Parliament is
politicized. He then launched into a passionate defense of
Damir Fazlic, a Bosnian businessman suspected of money
laundering by the PG (ref B),saying that the PG opened a
case against him with no evidence and tried to stop him at
the airport and freeze his assets, all without evidence,
according to Berisha. He said he could not accept this.
Berisha said he never did Fazlic a favor, nor did Fazlic ask
for one. (NOTE: Fazlic's close ties to Berisha and to FM
Lulzim Basha are a matter of public record. Fazlic, for
example, was a key advisor in Berisha's 2005 electoral
campaign. Any legal difficulties that Fazlic encounters here
or abroad could pose serious political problems for the PM.
END NOTE.)


10. (U) DAS Jones cleared this cable.
WITHERS