Identifier
Created
Classification
Origin
08TIRANA870
2008-12-09 15:46:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Tirana
Cable title:  

Embassy Tirana Weekly Report

Tags:  PGOV ENRG EFIN PREL PHUM KJUS AL 
pdf how-to read a cable
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PP RUEHAG RUEHAST RUEHDA RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA RUEHLN
RUEHLZ RUEHNP RUEHPOD RUEHROV RUEHSK RUEHSR RUEHVK RUEHYG
DE RUEHTI #0870/01 3441546
ZNR UUUUU ZZH
P 091546Z DEC 08
FM AMEMBASSY TIRANA
TO RUEHC/SECSTATE WASHDC PRIORITY 7671
RUEHZL/EUROPEAN POLITICAL COLLECTIVE PRIORITY
UNCLAS SECTION 01 OF 02 TIRANA 000870 

SENSITIVE

SIPDIS

STATE FOR EUR/SCE

E.O. 12958: N/A
TAGS: PGOV ENRG EFIN PREL PHUM KJUS AL
SUBJECT: Embassy Tirana Weekly Report

FM Using Procedural Tricks to Avoid Trial
-----------------------------------------

UNCLAS SECTION 01 OF 02 TIRANA 000870

SENSITIVE

SIPDIS

STATE FOR EUR/SCE

E.O. 12958: N/A
TAGS: PGOV ENRG EFIN PREL PHUM KJUS AL
SUBJECT: Embassy Tirana Weekly Report

FM Using Procedural Tricks to Avoid Trial
--------------


1. (SBU) The legal defense team of Foreign Minister Basha (and
former Minister of Transportation) appears determined this week to
use any procedural trick possible to keep Basha from facing trial on
crimes allegedly committed during the tendering process of the
construction of the Durres-Kukes road project. Basha stands accused
of abusing the powers of his office while preparing the tender for
the Durres-Kukes road, the biggest infrastructure project ever
undertaken by the GOA - with a current cost so far that exceeds 800
million USD. Minister Basha faces charges on one count of abuse of
office that could carry a maximum penalty to up to five years, and
another on the violation of "equality treatment in a tender
process", which carries a maximum penalty of up to three years.


2. (SBU) According to the case prosecutor, Basha has violated the
principle of equality in public tenders during the selection of the
Ecorus Group, the Dutch consultant company that oversaw the
tendering process. The second charges consist of an alleged
violation of legal provisions during the negotiation of the contract
with the Bechtel-Enka, which allegedly caused significant monetary
damage to the state. Basha has rejected these allegations and has
made increasing efforts to cast the Prosecutor's office and the
charges against him as politically motivated.


3. (SBU) The criminal case on the Durres-Kukes road has been going
on since March 2007, when one senior former official at the
Transportation Ministry accused the Minister and several other
officials of breaking the law while preparing the tender for the
project. The investigation process dragged on as the case moved up
to the General Prosecutor's office, which has jurisdiction over
investigations of members of government. On November 6, 2008, the
case prosecutor decided to extend the period of investigation for
one more month, a prerogative of the prosecutor that can be
challenged in Court. Upon request from one of the defense lawyers,
a judge at the Tirana District Court ruled that the prosecutor's

decision to extend the investigation period on the Durres-Kukes road
case was illegal and ordered the prosecutor to conclude the
investigation. It now appears that the real beneficiary of the
court decision is Minister Basha, who is trying to make use of any
such maneuvers to prevent prosecutors from pressing charges against
him and sending the case to the Supreme Court. Using the recent
Court decision as an argument, Basha's defense has now said that
since the prosecutor has violated the timetables of the
investigation, he can no longer bring any charges on the case.


4. (SBU) In the meantime, ruling Democratic Party officials have
increased pressure on the Prosecutor General, accusing her of having
political motives. Several other voices have also indirectly
accused the President of the Republic (according to the
constitution, the President appoints the PG, who then must be
approved by Parliament) of encouraging these investigations as a
means of punishing and eliminating his rivals within the DP.


5. (SBU) Given these defense efforts, the case prosecutor is now
trying to bypass any further delays in the lower courts by sending
the case straight to the Supreme Court. [According to the Albanian
Constitution, all cases related to members of Government or
Parliament are heard by the Supreme Court.] While the outcome of
these legal maneuvers is far from clear at this point, the
protracted legal wrangling over the Basha case raises questions
about the ability of the Albanian judicial system to effectively
prosecute senior executive branch officials. The PG's determination
to finally bring charges against a government member has also raised
hopes that the prosecution in Albania has finally gained the
confidence to stand up to the executive branch.

Free Hugs Campaign
--------------


6. (U) Mayor of Tirana Edi Rama undoubtedly rekindled his
popularity on December 1 with celebration of the White Night
Festival, the fifth in a row. Hundreds toured the Municipality and
the Mayor's office with the best possible guide, flamboyant Mayor
Edi Rama himself. A Tirana Rock concert was held in the once
exclusive politburo neighborhood and now hip area, the "Bllok."
Other teenagers had the opportunity to dance with professional
ballerinas in the main city boulevard, while other more senior
audiences could relax to the sounds of a string quartet in the same
square where dozens of unemployed line up every day of the year in
hopes of finding a job.


7. (U) And Rama's team did not forget the most vulnerable and hard
to please target groups. The WWII veterans, who will make up a good
percentage of the SP electorate during the upcoming 2009
parliamentary elections, were able to relive their glorious times
singing partisan songs around bonfires built by the Municipality.
And the youngest, those who have yet to discover the marvels of

TIRANA 00000870 002 OF 002


Tirana by night, had their first night out with the excuse to read
some stories and poems under the big city lights and the national
Skanderbeg hero monument. If you would have happened to cross Edi
Rama's path that night, he would have approached you with
outstretched arms. But not to worry, you would have only received a
bear hug - not because Rama was feeling particularly loving, but
because of the "Free Hugs" campaign. It seems that most of
Albania's celebrations today are a strange mixture of past glories
and untailored traditions borrowed from elsewhere in the world.

Quote of the Week
--------------


8. (U) "Both I and Berlusconi love eternity," excerpts from PM
Berisha's remarks during the press conference with the Italian
Premier Berlusconi. Berisha was refereeing to his pledge to plant
20 million new olive trees around the country.


WITHERS