ALBANIA: RESHUFFLE IN PROSECUTOR'S OFFICE COMES UNDER

UNCLAS SECTION 01 OF 02 TIRANA 000090

SIPDIS

SENSITIVE

SIPDIS

DEPT FOR EUR/SCE
DEPT OF JUSTICE FOR OPDAT

E.O. 12958:N/A
TAGS: PGOV KCRM AL
SUBJECT: ALBANIA: RESHUFFLE IN PROSECUTOR'S OFFICE COMES UNDER
FIRE

REF: A) 07 TIRANA 1083 B) 07 TIRANA 1069 C) 07 TIRANA 1003


1. (SBU) SUMMARY: Prosecutor General (PG) Ina Rama carried out
the first major reshuffling of her office since her appointment in
November 2007. Fourteen prosecutors currently serving in the
Prosecutor General's Office were removed and leadership of several
District Prosecution Offices changed. Transferred prosecutors were
appointed to the Appeals Prosecution Offices, the Serious Crimes
Prosecution Office, and various other district prosecution offices
in the country. Although PG Rama affirmed that the removals were
apolitical and meant to re-structure and streamline the operation of
the PG Office, opposition politicians have called the reshuffle
political manipulation and a violation of law. Other observers have
acknowledged the PG's Office was overstaffed and in need of reform.
END SUMMARY.


2. (U) On January 21, President Topi pronounced the transfer of 14
of the 33 prosecutors currently serving in the PG's central offices
and approved changes in the leadership of several district
prosecution offices in Albania. (Note: The Prosecutor General
proposes prosecutorial staffing changes, which must be approved by
the President.) Rama justified the changes, stating that a
reduction in HQ staff and an increase in prosecutors in the field
were needed. Head prosecutors in Tirana, Durres, Fier and Elbasan
were also replaced as part of the changes. According to sources in
the Prosecutor's office, additional changes are planned for district
prosecution offices in the future.


3. (SBU) Of the 14 prosecutors transferred, seven were appointed
to various Appeals Prosecution Offices. Two others moved to the
Serious Crimes Prosecution Office, an elite body that investigates
organized crime and trafficking cases and which the Embassy holds in
high esteem. Former close associate of dismissed Prosecutor Sollaku
(Ref C) and head of the Extraditions Unit (Foreign Relations),
Ardian Visha, was transferred to the Appeals Prosecution Office in
Gjirokastra. Rama also transferred prosecutor Xhevat Hana,
previously one of the three prosecutors handling the Rreshen
Kalimash road project investigation affecting Foreign Minister Basha
(Ref A),to the Serious Crimes Prosecution Office. Hana's transfer
sparked sharp controversy with the opposition, who accused Rama of
intentionally disrupting the investigation of this highly
contentious case. In a subsequent news release, PG Rama assured
that Hana will continue to participate in the investigation of the
case despite the transfer.


4. (U) Opposition officials sharply criticized the staffing
changes. Socialist Party (SP) officials considered the reshuffling
a purge, charging that it violated the law and lacked transparency.
The Socialist Movement for Integration (LSI) worried that the large
number of transfers could disrupt the work of the PG's Office.
Opposition officials considered the changes counter to the spirit of
cooperation established between the parties over judicial reform.
However, in spite of sharp reactions, SP Chairman Edi Rama and LSI
leader Meta remained quiet and work has continued in Parliament on
judicial reform. Majority party officials supported the
reshuffling, calling the changes a step toward reform in the
Prosecutor General's office.


5. (U) Some in the legal community expressed concern that proper
legal arguments had not explained each transfer. According to these
sources, the changes suggest Rama is not giving proper attention to
establishing a career and promotion system that would regulate
personnel changes in the future. (COMMENT: Rama told Ambassador
that such a system was a high priority for her (Ref B). She will
explore various U.S. systems during her upcoming IVLP. END
COMMENT.)


6. (SBU) Some observers are particularly concerned with the
appointment of Arian Ndoja as head of the Prosecution office in
Durres. Ndoja was dismissed by former PG Sollaku over alleged legal
violations committed during the course of numerous investigations.
(He has not been charged or further investigated, and his dismissal
was ruled unlawful by the Supreme Court.) Rama proposed to rehire
Ndoja, reportedly a former classmate of hers, rather than other
candidates recommended by the Prosecutor's Council, an advisory body
to the PG that considers hiring and promotion of prosecutors. One
of the recommended candidates was Sokol Nishani, the brother of the
current Minister of Interior, whom, contrary to expectations, Rama
did not appoint.


7. (SBU) Separately, a well-respected legal contact said it was
normal for the new PG to make changes in her senior management team.
He added that it was also to be expected that President Topi would
support Rama in her early efforts as she had only just come into her
post and deserved his backing for the moment. He praised Rama's
selection for the Tirana District Prosecution office, saying the

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individual (a personal acquaintance) had a strong professional
record and integrity. According to our source, the new Tirana
prosecutor could not be considered an acolyte of Berisha's
Democratic Party.


8. (SBU) COMMENT: The announced personnel changes at the PG
central office come at a time of high expectations for the new PG.
Many in legal circles acknowledge that the Office was overstaffed
and a shelter for patronage appointees. The Law on the Prosecutor
General and a recent Constitutional Court decision regarding
transfers provides the PG with sweeping powers, diminishing
arguments that Rama violated legal provisions and carried out
illegal demotions. Only the transfer of Sollaku confidant Visha to
the Appeals office in Gjirokaster smacks of a demotion. The
Prosecutor's Office -- like almost all independent and civil service
institutions in Albania -- has a crying need for a strong and
rigorously implemented career and promotion system. In announcing
such major personnel changes, Rama might have been wise to also
present her vision for systematic change for her Office. For the
time being, evidence of a political bent to the transfers is
lacking.
WITHERS