GOA LAMBASTES "POLITICALLY MOTIVATED" INDICTMENT

C O N F I D E N T I A L TIRANA 000858 SIPDIS E.O. 12958: DECL: 12/03/2018 TAGS: PGOV ECON PHUM PREL KCOR KJUS AL SUBJECT: GOA LAMBASTES "POLITICALLY MOTIVATED" INDICTMENT OF FM Classified By: Ambassador John L. Withers II, reasons 1.4 (b) and (d) ¶1. SUMMARY: (C) In recent days the GOA has intensified pressure on the Prosecutor General's (PG) office with two statements, one from the PM and a longer one from the MFA, which harshly criticized both the opposition and the PG for the "politically" motivated indictment of FM Lulzim Basha on November 27. The MFA's November 29 pronouncement called Basha's indictment for his role in the Durres-Kukes road project, "a wild, unprecedented, and purely political attack." The release primarily attacked SP Chairman and Mayor of Tirana Edi Rama, but indirectly criticized the PG as well. It also alleged that someone in the PG's office took "fabricated" information from Edi Rama in order to create a case against Basha. Last week, Edi Rama called for FM Basha to resign from office. (Note: The allegations stem from Basha's time as Minister of Transport when he oversaw the tendering of the contract for the road.) END SUMMARY. Berisha to the Rescue -------------- ¶2. (C) On December 1, PM Berisha chimed in and offered full support for Basha, saying Basha followed and enforced all the rules and regulations during his time as Minister of Transport. He then called the charges against Basha "political" in nature and pledged that the road, the "Albanian corridor," will be completed in July 2009. For good measure, he said Albania remains committed to the rule of law. Basha: "You Got Nothin' On Me" -------------- ¶3. (C) Basha's attorneys are mounting a "procedural" defense, claiming that the PG's office does not have the legal authority to indict Basha since a lower court ruled the investigation should have ceased on November 6. Officials in the PG office have said this "unprecedented" decision was "purely political" as well, and have countered that the court ruling obligated the PG's Office to end only the investigative phase of the case against Basha, not drop the case altogether. ¶4. (C) Comment: Claims that the Prosecutor General's office is nothing more than a tool of the opposition is a new tactic by the government in its ongoing efforts to undermine the PG and make the PG do the government's bidding. In this case, it would appear the GOA wants the PG to drop its so-called "political" indictment against a leading member of the ruling government, but also paint Ina Rama and her office as political hacks more intent on settling political scores than evenhandedly enforcing the law. (NOTE: The PM and his GOA majority Democratic Party heartily supported the appointment of Ina Rama as Prosecutor General.) Serious corruption allegations in an election year are the last thing PM Berisha wants to contend with, and only fuel the public perception that Berisha's much-touted anti-corruption efforts are nothing but talk. Meanwhile, each side will continue to position itself as the defender of the law and the peoples' will. WITHERS