GERDEC LEAKS CAUSE POLITICAL CIRCUS

UNCLAS SECTION 01 OF 02 TIRANA 000295

SIPDIS
SENSITIVE

E.O. 12958: N/A
TAGS: KCOR KJUS PREL PGOV MASS AL
SUBJECT: GERDEC LEAKS CAUSE POLITICAL CIRCUS


1. (SBU) Summary. On May 11, the Supreme Court finally began hearing
the Gerdec case against 27 defendants including former Defense
Minister Fatmir Mediu and former Chief of Defense General Luan
Hoxha. The court turned down the prosecution's request to remove
three judges due to conflict of interest, damaging the public's
belief that the case will receive a fair hearing. On the same day,
many national newspapers claimed to have received copies of the
prosecution's case and began publishing testimonies and evidence
each day. Newspapers have largely tried to use their daily leaks to
prove the involvement of Berisha's son Shkelzen. On Thursday, May
14, unknown persons (but suspected to be government proxies)
allegedly bought and removed all copies of Gazeta Shqiptare from the
market, supposedly because it contained evidence directly
incriminating Shkelzen. However, the company quickly reprinted and
redistributed new copies by noon. In a show of support, the Italian
Ambassador paid a personal visit to the newspaper's offices. The
government has not responded to the incident. For its part, the
Prosecutor General has opened up an investigation into the leaks,
which could seriously damage its Supreme Court case or add weight to
charges by pro-GOA circles that the PG is somehow pro-opposition.
End Summary.

GERDEC CASE OPENS WITH A PG DEFEAT
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2. (SBU) On the court case's first day, the prosecution requested
that three judges be recused, including the chief judge, Besnik
Imeraj. They accused Imeraj of having close ties to the defendants,
of being close friends with one of the lawyers of the accused former
DefMin Fatmir Mediu, and that his daughter has been a lawyer for
accused Albdemil director Mihal Delijorgji. The other two judges
were criticized for similar ties. However, the court refused the
prosecution's request. Several editorials criticized the court's
decision, pointing to the damage the decision has done to the
public's belief that the Gerdec case will get a fair hearing. They
noted several similar recent high profile defeats prosecutors have
received from the Supreme Court, including throwing out the cases
against Foreign Minister Basha and against Serbo-Croatian
businessman Demir Fazlic.

LEAKS AIMED AT BERISHA'S SON
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3. (SBU) On the same day the trial opened, several newspapers
claimed to have received the entire case against the defendants and
began printing various testimonies and evidences from the case.
Most leaks have focused on the involvement of Berisha's son
Shkelzen. For example, leaks of telephone records reveal that only
a few hours after the March 15, 2008 explosion at Gerdec,
then-Defense Minister Mediu called Berisha's son four times.
Further, Mihal Delijorgji, owner of Albademil (the company running
Gerdec) called Shkelzen only 30 minutes after the explosion.
Newspapers also noted that from January until the explosion,
Delijorgji called Shkelzen 56 times. Additionally, seized notes
from MoD secretaries reveal that throughout 2007 and 2008
then-DefMin Mediu had frequent meetings with Shkelzen. In one,
Shkelzen allegedly urged Mediu to increase the tempo of the
provision of munitions to Gerdec.


4. (SBU) In one testimony, the secretary of then-Minister of Justice
Aldo Bumci noted at least two meetings between Bumci and Shkelzen in

2007. And when questioned about a letter from Bumci to Mediu giving
Bumci's approval for the draft-law on demilitarization that would
open the way for Gerdec, she confirmed that Bumci had written on its
cover "For Shkelzen Berisha." After this revelation, Bumci, still a
prominent parliamentarian (and frequent Democratic Party attack
dog),accused his former secretary of slander and sued her.
Frightened, the secretary publicly claimed the testimony had been
doctored.

THE GOVERNMENT STRIKES BACK
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5. (SBU) Apparently, most troubling to Berisha's government were
revelations about the involvement of Shkelzen's close friend Rahman
Selmanllari. In the early hours of Thursday morning, May 14,
unnamed individuals allegedly went to the publishing house of Gazeta
Shqiptare and bought every copy of the day's paper, which contained
revelations on Selmanllari. By open of business, no copies of
Gazeta Shqiptare could be found on the market. The editors quickly
blamed the government and printed new copies of the paper which it
distributed by noon. In a show of support, that afternoon Italian
Ambassador Saba d'Elia paid a visit to the newspaper's office.


6. (SBU) Berisha's followers' response to the incident has been
incoherent at best. While the government has responded to all
inquiries simply with "no comment," newspapers report that at first,
PD spokeswomen Mehilli claimed that opposition leader Edi Rama
blocked the paper, then later that the paper's own editors pulled

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the copies in order to draw attention to themselves.


7. (SBU) The evidence in question involves false testimony by
Shkelzen's close friend Rahman Selmanllari. In Selmanllari's
testimony, he confirms he has been Shkelzen's close friend for over
ten years, but denies any involvement in or even knowledge of the
Gerdec scandal. However, accompanying evidence proves otherwise.
In the testimony of Patrick Henry, owner of SAC (the American
company who subcontracted with Albdemil to run Gerdec),while he
admits he never met Selmanllari, he claims that MEICO director Ylli
Pinari (now on trial for Gerdec) persuaded Henry to appoint
Selmanllari as his representative in Albania. Seized MoD documents
also record Selmanllari as SAC's representative. In one case,
Sellmanlari signed for the receipt of two cases of munitions for
test rounds at Gerdec.

PROSECUTORS TROUBLED - INVESTIGATE LEAK
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8. (SBU) For its part, the Prosecutor General has been troubled by
the leak of its entire case, an action which could destroy the court
procedure. On March 14, it announced that it has opened an
investigation into the leak. A spokesperson stated, "The accused
and their lawyers have been presented all the documents and evidence
in the penal procedure and have received copies. This transfer has
been documented legally and with the warning that it not be
published. Giving this material to the media... not only damages the
conducting of an orderly court procedure in judging this affair, but
the documents also contain secrets whose revelation constitutes a
penal violation."

COMMENT
--------------


9. (SBU) It is not uncommon in Albania for trial cases to be leaked
to the media. Nor is it surprising in this case, where 27
defendants have received their own copies of the cases and may have
27 different reasons to leak pieces or all of the evidence. In
spite of the PG's warning, there is no evidence that the media will
suspend their gradual revelation of the thousands of pages of
evidence they have received. If the leak came from within the PG,
it would show a surprising level of irresponsibility. If it came
from someone trying to sabotage the court case, the plan has
backfired, as the media has used it to smear Berisha and his family.
Whatever the case, the Gerdec trial and the political circus
developing around it are sure to continue to play a prominent role
in the approaching election.