AMBASSADOR'S COMMENTS SPARK RUSH TO IMMUNITY

C O N F I D E N T I A L SECTION 01 OF 02 TIRANA 000717 SIPDIS E.O. 12958: DECL: 10/27/2019 TAGS: KJUS KDEM PREL PGOV PHUM AL SUBJECT: AMBASSADOR'S COMMENTS SPARK RUSH TO IMMUNITY BANDWAGON - BUT WILL IT ROLL? Classified By: Ambassador John L. Withers II, reasons 1.4 (b) and (d) ¶1. (C) SUMMARY: During an October 23 speech at a Tirana conference on the subject of integrity, Ambassador Withers voiced strong support for Prime Minister Berisha's September vow "to demolish the wall of immunity," a reference by Berisha to his long-standing pledge to revoke the broad immunity from prosecution given to members of parliament, judges, and senior government officials. Immediately after the Ambassador's remarks, both Prime Minister Berisha and Foreign Minister Meta strongly endorsed the Ambassador's call for an end to immunity. However, not everyone in the political class greeted the Ambassador's comments so eagerly: Minister of the Interior Lulzim Basha and Minister of the Environment Fatmir Mediu - both of whom had their immunity lifted last year in connection with abuse of office charges (both have since had it restored) - reportedly scrambled to reassert their innocence, with Mediu's lawyers rushing to make their case to a prominent U.S. lawyer who was in Albania on unrelated business last week. END SUMMARY. Remarks Spark Agreement From Some. . . -------------- ¶2. (SBU) Speaking at an October 23 conference on the subject of integrity, the Ambassador broached the hot-button issue of immunity. Quoting the PM's September 7 address to Parliament, the Ambassador said "we can only applaud" the PM's statement that "great efforts should be taken that Albania demolishes the wall of immunity." The Ambassador added that "immunity should not provide a refuge for those facing criminal liabilities in the courts, nor an incentive for those being investigated by the courts to seek or keep high governmental positions." The Ambassador also quoted EUR DAS Stuart Jones' recent remarks before the Helsinki Committee in Washington in support of lifting immunity for MPs. ¶3. (SBU) The Ambassador's comments sparked widespread media coverage and prompted immediate positive responses from PM Berisha and FM Meta. Speaking at a press conference on October 23, Meta said "I assure you we are open at any moment to have this done, but the opposition's understanding is needed. . . At any moment the majority will be ready for and support limiting immunity for senior officials, including those that enjoy immunity today." On October 24, PM Berisha said "I am against any kind of immunity. We submitted the law tothe parliament (last year) but the opposition did nt approve it." Berisha also reiterated hs"w"l(ingness to lift the immunity of an f"i(i(l(s"o*ld prosecutors request it.Q .. SSUU iiaall,,oo November 3, the Albanian Asooiittoo ffJJddee al(led for a lifting of immn*t o* u g"s"i( e u n* for better pay and benfftt.. hh aallbb he Association of Judges cam h(r"l( f"er both the Prosecutor General and deptt chair of the High Cgune lifted, saying ending immunity is a crucial step in combating corruption in the judicial sector. . . . And Shine an Uncomfortable Spotlight on Others -------------- -------------- ¶5. (C) The Ambassador's comments were less warmly greeted by others, however, notably Minister of the Interior Lulzim Basha and Minister of the Environment Fatmir Mediu. Both Basha and Mediu had their immunity revoked (both have had it since restored) in 2008 in connection with abuse of office charges (Mediu for his role in with the March, 2008 explosion at Gerdec while he was Defense Minister; Basha in connection with the tender for the Durres-Kukes road project during his time as Transportation Minister). Immediately after the Ambassador's speech, Mediu dispatched lawyers to protest his innocence with an American lawyer who has been assisting the Albanian justice sector for years and is well known to practically every Albanian judge and prosecutor (the U.S. lawyer was in Tirana last week for a short visit). Appearing at an event honoring Albanian police on October 26, Basha was noticeably tense and uncomfortable around the Ambassador - his discomfort aided in no small part by the presence of the U.K. Ambassador who has also spoken out forcefully lately on the subject of immunity. Mediu and Basha's discomfort was no doubt fueled also by the fact that many media commentators speculated that the Ambassador's comments were aimed less at TIRANA 00000717 002 OF 002 the immunity issue in general and more directly at the two ministers. But Will the Bandwagon Roll? -------------- ¶6. (C) COMMENT: Although the Ambassador's remarks certainly touched off a rush to agree that immunity has to go, a number of legal experts including Embassy's OPDAT section told PolOff that there remains a lack of political will among both the ruling Democratic Party (DP) and opposition Socialist Party for a true effort to lift immunity for MPs, judges and other high government officials. According to an EU legal expert, efforts in 2008 and 2009 to lift immunity were halfhearted at best, and a bill introduced by the DP in 2009 to end immunity for MPs was more a political show than a serious effort to address the issue. In October of 2008, OPDAT and the EU legal assistance mission (EURALIUS) produced a study paper on lifting immunity that was warmly endorsed but then promptly forgotten about by both the DP and SP heads of the Parliamentary laws committee. Nevertheless, one DP MP told PolOff that eventually the GOA will need to face the issue if Albania hopes to truly combat corruption and move ahead on EU integration efforts (NOTE: Although the Council of Europe "requires" countries to get rid of broad immunity provisions, the EU does not. The latest EU Progress Report on Albania does not call on the GOA or Parliament to abolish broad immunity, but instead simply notes that the Parliament "has not yet addressed the issue" of limiting immunity for MPs.) At this point, however, it seems that absent a concerted push by the international community on both the GOA and opposition to finally lift immunity, Albania's political class will continue to resist reform efforts. WITHERS