INDICTMENTS ISSUED IN GERDEC SCANDAL

C O N F I D E N T I A L TIRANA 000096

SIPDIS

E.O. 12958: DECL: 02/11/2019
TAGS: PGOV PARM KCOR KCRM KJUS ASEC AL
SUBJECT: INDICTMENTS ISSUED IN GERDEC SCANDAL

Classified By: DCM Stephen Cristina for reasons 1.4 (b) and (d)


1. (C) Summary. On February 11 the Prosecutor General issued
at least eleven indictments in connection with the Gerdec
tragedy, including against Former Defense Minister Mediu and
Former Chief of Defense Luan Hoxha. The accused are charged
with abuse of office and will not be detained pending their
trial. Prosecutor General Ina Rama has indicated to Post
that she will separate the investigation into two parts - one
on Gerdec and one on arms deals - and that she will send the
Gerdec case to the Supreme Court this week or next. The
indictments threaten to erase any positive influence on
public opinion Berisha had gained by his trip last week to
Washington, D.C., and will likely dominate the news cycle in
the coming days. The indictments could also trigger another
round of attacks by the PM against the Prosecutor General's
Office. End Summary.


2. (U) This morning, as expected, the Prosecutor General
summoned several former officials to announce indictments
against them in the March 15, 2008 Gerdec scandal. There
were conflicting reports as to the number indicted (from 11
to 21),but all lists included the following high individuals:

- Fatmir Mediu, former Minister of Defense
- General Luan Hoxha, former Chief of Defense
- General Shpetim Spahiu, former Commander of the Joint
Forces Command
- General Zija Bahja, former Commander of the Support Command
(Logistics)
- LTC Dashnor Caushi, former Director of General Staff J4
- Ardian Mullahi, former MoD General Secretary
- Adriatik Mema, former MoD General Secretary
- Shkelzen Madani, former MoD Director of Management
- Mihal Delijorgji, Director of Albdemil (already in
detention)
- Dritan Minxolli, Technical Director of Albdemil (already in
detention)
- Ylli Pinari, former Director of MEICO (already in detention)


3. (U) While Pinari, Minxolli and Delijorgji have been
accused of mass murder and violation of the rules on handling
explosives, all others - including Mediu - are accused of
"abuse of office," which carries a sentence of two to four
years imprisonment. None of those indicted today have been
detained, but will be allowed their freedom until possible
sentencing. Many critics were disappointed at the seemingly
light accusation of "abuse of office," but prosecutors have
pointed out that given the evidence, this is the maximum
charge possible since the accused were not directly involved
in dismantling of munitions at the site.


4. (C) In a meeting last week with the Ambassador, Prosecutor
General Ina Rama stated that the investigation has been
divided into two. The first will focus on the Gerdec
tragedy. She stated that this investigation is complete and
she intends to send it to the Supreme Court within the next
week or so. (Note: only the Supreme Court - not to be
confused with the Constitutional Court - has the competency
to try cases involving government ministers. End note.)


5. (C) The second investigation will focus on illegal arms
deals with companies such as Efraim Diveroli,s AEY. Print
media speculate that this case will also include mysterious
arms deals between MEICO and a US-Israeli security company
named "Elmotech," including a March purchase of 3200 107mm
rockets. This investigation will take more time and is thus
being separated from the Gerdec investigation.


6. (C) In a conversation with a U.S contractor, Mediu reacted
to the charges today, complaining that the Prosecution has
issued blanket charges on everyone involved. He noted that
the prosecution has not interviewed him once. (Note. Mediu
was summoned by the prosecution at least once last year, but
he did not respond to the summons, stating he was in the U.S.
for family affairs and could not leave. End note.)


7. (C) Of note from the above list, Adriatik Mema is
currently at the U.S. Naval Post Graduate Academy; his
studies are funded through IMET.

COMMENT
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8. (C) These indictments come at a bad time for PM Berisha,
who just returned from what has been portrayed as a triumphal
visit to Washington DC and organized by now-accused Mediu.
Berisha has been successfully spinning his "meetings" with
Vice President Biden, Speaker Pelosi and assorted other
high-ranking U.S. officials at the National Prayer Breakfast,
proving America's stamp of approval on Berisha's governance.
Last week, in a demonstration of his gratitude to Mediu for
organizing the trip, Berisha declared in a VOA interview
before knowledge of the indictments that "for one year now,
there have been hundreds and hundreds of stories that have
not been able to prove the tiniest element of implication of
Mr. Mediu in corruption." Further, Berisha criticized
prosecutors for seeking to blame Mediu and ignoring senior
military officials. However, today's indictments threaten to
erase the trip's positive influence on public opinion. In
the next few weeks, Berisha will likely ratchet up pressure
even more on the Prosecutor General's office.
WITHERS