WHITHER GERDEC?

UNCLAS SECTION 01 OF 02 TIRANA 000075 SIPDIS SENSITIVE STATE PASS TO EUR/SCE:JISMAIL E.O. 12958: N/A TAGS: PGOV PREL KCOR PHUM AL SUBJECT: WHITHER GERDEC? TIRANA 00000075 001.2 OF 002 ¶1. (U) Summary: Almost two years after the tragic accident at the Gerdec military facility that killed 26 and injured hundreds, and one year since the first criminal case began, no verdicts have yet been handed down, although several criminal and civil cases have been filed and are ongoing. While the original criminal case against then-Defense Minister Fatmir Mediu,(who is now the Minister of Environment),was terminated when Mediu regained his immunity as a member of the new parliament in September 2009, victims' families have filed a new case against him in the Supreme Court, which will likely request removal of his immunity again. Besides the ongoing criminal case against 29 others accused in the tragedy, various other civil cases have been filed against the accused, including an appeal to the Council of Europe's Court on Human Rights in Strasbourg. All cases are ongoing and a verdict from any is unlikely in the coming months, although a re-opened Supreme Court case against Mediu in the near future will likely grab front-page attention in the media. End Summary. FIRST MEDIU CASES SUSPENDED -------------- ¶2. (U) In March 2009, a criminal case was opened against 30 defendants in the tragedy, including former Defense Minister Mediu, former Chief of Defense Luan Hoxha, MEICO Director Ylli Pinari, Albademil owner Mihal Delijorgi, Albademil director Dritan Minxolli, and several other high and middle-ranking officials in the Albanian military and Ministry of Defense. Four of the defendants were arrested and are being held in pretrial detention (Pinari, Delijorgji, Minxolli and MEICO supervisor Sokol Ngjeci),while the others are out on bail. Soon after the trial opened, Mediu's case was separated from the 29 others as only the Supreme Court has the right to try ministers. All others are being tried in the Tirana First Instance Court. However, Mediu's Supreme Court case suffered several delays due to Mediu's absence or the absence of lawyers. The case was finally rescheduled for September 11, a week after the swearing in of the new parliament. After winning a seat in the June elections, Mediu regained his immunity, and when the case finally convened, the Supreme Court immediately suspended it on the grounds that Mediu was again immune from prosecution. The Prosecutor General has ruled out requesting a new removal of Mediu's immunity, claiming the Supreme Court's termination of the case was final (a claim some legal experts dispute). PROTRACTED CRIMINAL CASE AGAINST 29 OTHERS -------------- ¶3. (SBU) Meanwhile, the criminal case against the 29 other defendants began in earnest in September 2009. Since then, the Tirana court has held approximately ten sessions, with numerous postponements due to absent lawyers or defendants. The prosecution has submitted a list of 151 witnesses. Victims' lawyers have told Post that among the witnesses, a handful of experts will require the lengthiest questioning, while many other witnesses will only be asked a few questions. Thus, as long as the trial does not continue to suffer numerous delays, the witness phase of the trial should not be protracted. ¶4. (U) Witnesses called so far have been victims and their families. Most notably, prosecutors have proven and Minxolli has admitted that security measures at Gerdec were deplorable, and that minors were illegally employed at the facility. Minxolli claimed he hired the children out of compassion for their poverty-stricken families. Minxolli has been the most vocal defendant, claiming that the American company SAC had full responsibility for security at Gerdec, and that then-Chief of Defense General Luan Hoxha and his deputy personally visited and approved of Gerdec. A witness has testified that he was hired to work at Gerdec by Minxolli in February 2007, three months before the Gerdec demil project received legal approval. Although refuted by Minxo`Qi, this testimony would seEQQ`r-in-law and Berisha's son were involved in Gerdec management, information he did not epeat on February 1. CIVIL SUITS -------------- ¶6. (SBU) Several individuals and institutions have also filed civil TIRANA 00000075 002.2 OF 002 suits against Mediu and the 29 defendants. Suits have been filed by two separate victims' families, as well as by the State Advocate, and by insurance companies seeking compensation from the State. In essence, once the criminal case has been decided, the civil cases will then adjudicate financial compensation. Accusers requested their suits be joined with the criminal case, so that their lawyers could participate in the prosecution, but the Tirana Court refused. Accusers appealed to Albania's Constitutional Court, which stated that it would postpone a decision until the criminal case has been decided. Accusers then appealed to the Council of Europe's Human Rights Court in Strasbourg. While Strasbourg agreed to hear the case, it set a deadline of February 1 and required a ruling in the criminal case. As the deadline has passed, accusers' lawyers have told Post that they have dropped the case and will consider submitting a new appeal once the criminal case is completed. NEW CRIMINAL CASE AGAINST MEDIU -------------- ¶7. (U) In January, two separate victims' families filed criminal cases against Mediu in the Supreme Court. In the Albanian legal system, victims can also file criminal cases. In this instance, the court first arranges a "reconciliation session" in which both sides appear before the judges to try to reconcile differences without opening up an actual criminal case. If reconciliation is not reached (or if the defendant refuses to participate) then the Court begins a criminal trial. As Mediu is a government minister who can only be tried by the Supreme Court, victims filed their suits at the Supreme Court. ¶8. (SBU) On January 25, a reconciliation session was held for the first of the two suits. Contrary to expectations, Mediu appeared at the Supreme Court to participate. In the session, Mediu allegedly argued that he was not responsible for Gerdec since the Military Export-Import Company (MEICO) had been given full responsibility, and he requested the victims drop the case as Mediu had already accepted moral responsibility for the tragedy. As expected, the victims refused. This opened the door for a criminal case to begin. In its ruling, the Court decided to join the case with the second criminal suit filed by victims' families and will thus await the outcome of its reconciliation session, which is scheduled for February 15. Victims' lawyers have told Post they intend to refuse reconciliation, after which, the Supreme Court will open the criminal case and request Parliament remove Mediu's immunity. Lawyers have also told Post that up to five other families are considering filing their own separate criminal suits against Mediu. They also claim that if Mediu's immunity is removed for these cases, this would technically open the door for the Prosecutor General to reopen its original criminal case against Mediu. To date, however, the PG has shown no interest in doing so. ¶9. (SBU) Lastly, victims' lawyers report they are also considering filing a separate civil suit against the Ministry of Defense as an institution, and demanding the State pay compensation to victims. No decision has yet been made, though. COMMENT -------------- ¶10. (SBU) The myriad of court cases concerning Gerdec will continue to capture local media headlines, especially as witnesses in the larger criminal case continue to reveal new details and defendants make accusations of their own. A new criminal case against Mediu will also catch public attention. However, it is unlikely that a verdict in any of the cases will be reached in the first half of 2010 and several cases may drag on to the next year. While the ongoing saga continues to capture public attention, its influence on politics has become minimal and would likely only effect political developments if Mediu were found guilty. To date, an Albanian Minister has never been convicted of a crime.