The German Newspaper Die Welt writes for Albania: Corruption, justice and issues with press freedom – is Albania ready for the EU?

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Albania towards the EU integration, Albanian government, AIS founder, Aranita Brahaj, talks about corruption and justice

The serious German newspaper Die Welt published this September an article entitled: Corruption, justice and issues with press freedom – is Albania ready for the EU? The article carefully analyses some geopolitical aspects and challenges of Albania’s negotiation process in its path towards the EU. The journalist Mandoline Rutkowski visited also our office in Tirana, using our findings on issues such as Corruption, Rule of Law, and the Justice Reform as part of the facts and issues listed in the article. Aranita Brahaj, Director and Founder of AIS, stated that “The country is run by a Prime Minister and a Government, which no one controls. There is no Judicial, Constitutional, or Parliamentary oversight. In the meantime, while the Vetting process in the Justice system was characterized by good intentions, it was poorly planned and executed, leaving the country without a judiciary and judicial control for years.

You can read the full article below:

From Mandoline Rutkowski, Die Welt

The heads of the governments of Albania and North Macedonia shook hands with Ursula von der Leyen, squeezing her hand tightly as if they were afraid that the President of the European Commission could change her mind half way. And in doing so, she could also give up on a promise that the European Union had previously made to statesmen Edi Rama and Dimitar Kovacevski.

This is what was seen on TV on July 19th. It is the day the negotiations the two countries’ EU membership started officially. With this announcement, the two countries are now officially at the forefront of the Western Balkan countries in the EU enlargement process.

Pictures of unity were quite timely for Brussels, as the war in Ukraine at Europe’s doorstep has given the Western Alliance a moment of rebirth. There is consensus that the West must come closer to confront the Russian aggressor, Vladimir Putin. The latter is the very same reason that Ukraine and Moldova were given the candidate status for EU membership in June.

The Western Balkans is also strategically important for the EU, as it forms the land bridge between NATO’s south-eastern side and Central Europe. However, it is becoming clear that, regardless of the current moment, there are still a number of challenges standing in the way of EU enlargement in the Western Balkans. This is obvious in Albania.

Albania celebrated a historic moment after almost three decades. In 2003, Tirana submitted its application for membership. In the days after the announcement, a huge EU flag decorated the government building in Tirana’s ‘Skënderbej’ square.

Affinity with the EU is very high in the country of 2.8 million inhabitants. According to the Public Barometer for the Balkans, 89% of the Albanian people assess the EU membership as positive. Conversing with the locals, the proximity to the EU is apparent. European shops cover the city landscape in Tirana, and the euro is, at least unofficially, the second national currency.

Keeping distance from China

Tirana’s relationship with the EU is close. For years, the country, which was freed from communism in 1991 and dedicated to Western and democratic values, has tried to align itself with Brussels on foreign policy.

In the war in Ukraine, Tirana unconditionally supported EU sanctions against Russia. In contrast to other countries of the Western Balkans, Tirana is holding back on investments from China, with which Beijing seeks to strengthen its influence in the region.

In recent years, a reform in the justice system and the introduction of the so-called Special Structure against Corruption (SPAK), as a special independent prosecutor, has advanced its efforts in the fight against organized crime and drug trafficking.

“We have made extraordinary progress in the field of the rule of law and in the fight against corruption,” said Christiane Hohmann, the ambassador of the EU delegation in Albania. She welcomes us to her office with a panoramic view of the capital for an interview. “But our work is far from over; there is still huge work ahead.”

In fact, corruption is a deep wound in Albania, which is very difficult to heal. The country ranks 110th out of 180 in Transparency International’s Corruption Perceptions Index. Aranita Brahaj, the Head of the AIS/Open Data Albania, knows how serious the problem is.

“Corruption is an extraordinary problem in Albania” – says the data analysis expert, whose work focuses on transparency, accountability and anti-corruption. “It is not only present in the high ranks, but also in the daily life of every citizen, be it with being seen by a doctor or choosing your kid’s primary school”.

Albania is not able to exercise judicial, constitutional and parliamentary control over the government, says Brahaj. So, de facto, Prime Minister Rama can freely do anything he wants.

The list of scandals surrounding Rama confirms this statement. The head of the Socialist Party, who once campaigned for the fight against corruption, is accused of ties to the mafia.

Scandals are also multiplying in his orbit of power. Recently, SP politician Alqi Bllako was arrested at the end of April, after he was suspected of being involved in a corruption scandal involving 430 million Euros. The opposition accuses Rama of being the head of criminal activities.

Meanwhile, the government has made efforts to control corruption in the country. In 2016, encouraged by the EU, it adopted a judicial reform that included an intensive reassessment of all judges and prosecutors in terms of professional competence, wealth, and integrity.

Based on the data from the “2021 Report on Albania” of the EU Commission, 62% of the reassessment procedures have ended with resignation or dismissal. The reform was welcomed in Brussels and EU ambassador Hohmann also referred to the vetting procedure as a “successful measure”, which has never been seen before in the region.

But corruption expert Brahaj disagrees. The vetting processes were ‘well-intentioned, but poorly planned’. The Supreme Court and the Constitutional Court were not fully staffed for years and were de facto unable to function. A flawed judiciary has allowed the government to pass ‘corrupt laws’.

Way behind when it comes to freedom of press

An area that Brussels is scrutinizing closely for the progress of the EU membership process, and which worries the EU ambassador, Hohmann, is the freedom of the press in the country: “The understanding that the press is a corrective agent needs to be developed in Albania”. The country is ranked 103rd out of 180 countries by Reporters Without Borders.

The broadcast media is largely in the hands of a few wealthy entrepreneurs with political connections. Prime Minister Rama caused a stir recently after he threatened journalists with ‘re-education’ after critical questions and excluded them from press conferences. “We expect all politicians to treat journalists with respect,” says Hohmann.

The candidate country still has a long way to go before Albania joins the European alliance. For Sokol Dedja, the Head of Political Affairs in the Ministry of Foreign Affairs, efforts are needed not only from Tirana. “In view of the war in Europe and the granting of candidate status to Ukraine and Moldova, the EU must now show more credibility than the promises made to the candidate countries, to show that EU enlargement is a serious process.”

In other words, the EU must prove to Russia that the unity of European countries goes beyond terminology, even as a sign of restraint. According to him, the countries of the Western Balkans have made it their priority joining the alliance because they are “more advanced in preparation”. On the other hand, EU ambassador Hohmann emphasizes that the war in Ukraine will not result in the automatic enlargement of the EU. “Each country will continue to be considered individually. The geostrategic argument should not hide the fact that the countries must of course also meet their respective requirements to enter the EU”. According to Hohmann, Tirana must now prove that the trust of the member countries is justified. “Albania is now facing a marathon”.

Download the full article HERE

OpenData Youth Fellowship Retreat October 22nd and 23rd, 2022

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The organization AIS / Open Data Albania has been working with a group of students and young professionals for a year, creating a Fellowship program for empowering young people in Anti-corruption matters. This includes events held during the year such as work sessions; discussion forums; internships with the organization’s team; training and other networking events. On the weekend of October 22nd and 23rd, members of the youth team traveled to several districts of the country on a Retreat. The event contains   – Happy Hours and Networking – Presentation of the Organization’s Work Strategy Youth Objectives – StartUp DataThon Albania  

  • The itinerary was organized with the cooperation of Fation Plaku Photography, author of Homeland Albania.

  The young participants areas of significance for nature; culture, tradition and urban development of the country, such as: – Nivica, the view over the Canyon – Peshtura waterfall – Labova, the beautiful area of Lunxhëria with religious and cultural monuments dating back to the 5th century. – accommodation at Bujtina Maria, a model of agritourism and tourism business initiative, where we presented AIS new Work Strategy, with a focus on civic education and young people. – Archaeological Park #Antigone. – Peshtan, visit to the Italian-Greek war museum, During the event, the Work Program was also finalized for the next event of the Network, which is DataThon Albania Financing of Political Parties, an event that will be held in December 2022.

Video Realizuar me Dron nga Fation Plaku Tetor 2022 Kanion Nivice
Video Realizuar me Dron nga Fation Plaku Tetor 2022 Parku Arkeologjik Antigone
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Working with young people and empowering them against corruption is part of the implementation of the Open Data, Access and Transparency over sectors exposed to Risk of Corruption Project. The project is supported by the Swedish International Development Cooperation Agency, Sida. One of the components of the project is Youth Empowerment against Corruption – Citizen Education, Improve Fact-Checking Models.

Training Cycle: Youth Empowerment against Corruption – Citizen Education, Improve Fact Checking Models

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The Organization AIS / Open Data Albania is holding this week (October 2022) a training cycle with young people, part of the OpenDataYouth Network. The young participants in this program are selected through competition targeting young journalist professionals or students; economists; tax accountants; future politicians; analysts; sociologists; researchers; etc.

The purpose of the Training is to raise the capacities and empower the youth, as the category most predisposed to bring change in society. The targeted capacity includes awareness, articulation, education and evaluation on issues of good governance and anti-corruption. Provide them with knowledge about the stakeholders engaged in anti-corruption phenomena and tracking methods. The final goal is for a researcher, activist, journalist in the first steps of the profession, or during university studies to be able to articulate publicly on issues related to governance and corruption

There are eight specific topics addressed during October with a focus on anti-corruption and good governance issues, namely Corruption and EU Integration; Media and Anti-Corruption; Institutions and Stakeholders engaged in Anti-Corruption; Gender Perspective and Anti-Corruption; Corruption by Law; Money Laundering Challenges; Fiscal Policy and Civil Society and Activism for Anticorruption.

Working with young people and empowering them against corruption is part of the implementation of the Open Data, Access and Transparency over sectors exposed to Risk of Corruption Project. The project is supported by the Swedish International Development Cooperation Agency, Sida. One of the components of the project is Youth Empowerment against Corruption – Citizen Education, Improve Fact-Checking Models.

This component shall consist of several events. Its objective is to educate and develop the skills of a group of young people in critical thinking and articulation on issues related to corruption. The component envisages activities such as training, individual work sessions, internships at the organization, forum, preparation of articles and networking.

 See the Training Program: HERE

 See the Curricula HERE

Photo from the Training:  

Announcements and other Network Events:

Call Apply to become part of the open data fellowship youth network http://ais.al/new/en/apply-to-become-part-of-the-open-data-fellowship-youth-network/

OpenData Fellowship Youth Network working with young people to increase their capacities

http://ais.al/new/en/open-data-fellowship-youth-network-working-with-young-people-to-increase-their-capacities/

Forum “Youth and Emigration as an inducement to live for a better country

http://ais.al/new/en/forum-youth-and-emigration-corruption-as-inducement-to-live-for-a-better-country/

http://ais.al/new/en/forum-youth-and-emigration-corruption-as-inducement-to-live-for-a-better-country/

Policy Paper “Financial control and the process of opening European Integration negotiations for Chapter 32”

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The Policy Paper “Financial control and the process of opening European Integration negotiations for Chapter 32” was drafted by the Albanian Institute of Science AIS / Open Data Albania, during the implementation of C1 – EU – NPA

Project “Improving the Debate on Policies and Accountability to Fulfill Basic Rights”, through the creation of the Cluster 1 Albania Negotiation Platform.

This project is being implemented by four Albanian organizations: the Center for the Study of Democracy and Governance CSDG, the Institute for Political Studies ISP, the Albanian Helsinki Committee AHC and the Albanian Institute of Science AIS, with the support of the Embassy of the Kingdom of the Netherlands in Tirana.

See the event agenda HERE

You will find enclosed below the following items:

  • Policy Paper “Financial control and the process of opening European Integration negotiations for Chapter 32” (PDF link)
  • Summary and conclusions Financial control and the process of opening European Integration negotiations for Chapter 32 (PDF link)
  • ANNEX 1 – Summary of the progress done by Albania based on NPIE 2021 – 2023_Chapter 32 (PDF link)
  • ANNEX 2 – Existing legal framework for Financial Control (PDF link)
  • ANNEX 3 – Progress Report for Albania – Yearly assessment by EC (PDF link)
  • ANNEX 4 – EC Assessments, Opinions and Recommendations for Chapter 32 (PDF link)
  • ANNEX 5 – Objectives & priorities defined in the NPEI 2021-2023 Chapter 32 (PDF link)
  • ANNEX 6 – Objectives and priorities defined in PIFC 2021-2023 Chapter 32 (PDF link)
  • ANNEX 7 – The role of Albanian Institutions in the National Plan for European Integration (PDF link)
  • ANNEX 8 – EC Progress Report – Juxtaposition with countries in the region (PDF link)

Findings, Opinions or Recommendations expressed in this event represent the viewpoints of the experts and the AIS organization and do not coincide with the responsibility of the partners or supporters of the C1-EU-NPA Project.

H.E.Mr. Reinout Vos – Ambassador of the Kingdom of the Netherlands to Albania

 

Mrs.Aranita Brahaj, director of AIS/ Open Data Albania

Prof. Lindita Lati Milo

Mr. Eduart Shalsi, Chairperson, Parliamentary Committee Economy and Finance and Mr. Arbi Agalliu member of Parliamentary Committee for Economy and Finance

Mr. Eduart Gjokutaj, ALTAX

Mr.Fran Brahimaj, Local Finance Director, at MoFE

Mrs. Oriada Tare

Mrs. Anila Cili

Mrs. Albana Gjinopulli

Documents and Analysis following the Decisions of the European Court of Human Rights, case of Besnik Cani v. Albania (vetting), AksesDrejtesiAlbania

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If Besnik Cani v. Albania case in Strasburg would construe a Precedent (unifying verdict) 8 other judges and prosecutors today would be awarded the same rights as Mr. Cani, as the Judge elected in violation of the statutory criterias is part of nine Decisions where the KPA (Appeals Chamber) has opposed the qualifications in the KPK (Independent Qualification Commission)

The previous day, the European Court of Human Rights in Strasbourg issued a decision on the case of Besnik Cani against Albania. Mr. Cani is a prosecutor who passed the first stage of evaluation in the KPK (Decision No. 84/2018), but was dismissed by the Special Appeals Panel (Decision 2.2020). His case in Strasbourg referred precisely to the decision of the KPA, with the argument that the right to due process had been violated, since one of the member judges of the College, Mr. L.D., had been appointed in violation of the statutory criteria, having previously been dismissed from his office as a judge in First Instance Court.

The Strasbourg Court accepted the request of Mr. Besnik Cani, awarding him the right to claim that he was not given a proper process. Mr. Cani’s profile and documents concerning his evaluation HERE

The Decision issued on October 4th by the European Court of Human Rights in Strasbourg, it seems to cast doubts on quite a few decisions, where the KPA Judge (elected contrary to the statutory criteria) was a member of the body that made said decisions. Specifically, below we will list the cases in which the Judge or Prosecutor under the Vetting Process had been confirmed by the Temporary Qualification Commission, but was later dismissed by the KPA- Special Appeals Chamber composed of a panel that included Mr. L.D.

The documents listed below are part of the Access to Justice database – the Register of Magistrates, a register created by the AIS organization with the aim of increasing transparency, integrity and public trust in individuals who are part of the justice system.

Confirmed in KPK (Independent Qualification Commission) and dismissed in KPA (Appeals Chamber)

 

  1. Decision No. 12/2018 (JR) dated 17.12.2018, the subject of the re-evaluation is Bashkim Dedja, confirmed by the KPK and dismissed by the KPA; Luan Daci – Rapporteur of the case, see passport and documents: HERE
  2. Decision No. 6/2019 (JR) dated 28.02.2019, including the minority opinion; the subject of the re-evaluation is Antoneta Sevdari, confirmed by the KPK and dismissed by the KPA, case Presided by Luan Daci; documents and passport of the subject: HERE
  3. Decision No. 9/2019 (JR) dated 18.04.2019; the subject of the re-evaluation Astrit Faqolli, confirmed by the KPK and dismissed by the KPA, with Luan Daci acting as Member; documents and passport of the subject: HERE
  4. Decision No. 11/2019 (JR) dated 22.05.2019, including the parallel opinion; the subject of the re-evaluation is Edmond Islamaj, confirmed by the KPK and dismissed by the KPA, Presided by Luan Daci; Register of Magistrates – documents and passport of the subject: HERE
  5. Decision No. 14/2019 (JR) dated 09.07.2019, including parallel opinions; Alma Brati, the subject of the re-evaluation See Profile HERE, confirmed by the KPK and dismissed by the KPA, with Luan Daci acting as Member;
  6. Decision No. 19/2019 (JR) dated 26.07.2019, including the parallel opinion; the subject of re – evaluation Xhezair Zaganjori, confirmed by the KPK and dismissed by the KPA, with Luan Daci acting as Member; documents listed: HERE
  7. Decision No. 27/2019 (JR) dated 24.10.2019; the subject of re-evaluation Artur Malaj, confirmed by the KPK and dismissed by the KPA, with Luan Daci acting as Member See Profile HERE
  8. Decision No. 2/2020 (JR) dated 27.02.2020, including the parallel opinion; the subject of re-evaluation Besnik Cani, confirmed by the KPK and dismissed by the KPA, with Luan Daci acting as Member, the European Court of Human Rights accepted his appeal with a Decision dated October 4th, 2022.
  9. Decision No. 4/2020 (JR) dated 12.03.2020; the subject of re-evaluation Arben Dollapaj, confirmed by the KPK and dismissed by the KPA; Luan Daci – Rapporteur.

Meanwhile, KPA member Luan Daci was appointed by the Assembly as a member of the Special Appeals Chamber on June 17, 2017. A criminal investigation was filed against him in the Supreme Court thereafer. He exercised this duty until his suspension from the College (December 2021).

Mr. Luan Daci has been part of the collegial body  in about 35 Decisions concerning re-evaluations of Judges and Prosecutors which constitute Dismissal Decisions in the KLP (High Prossecutor’s Office), who remained in force even after the appeal in the KPA (Appeals Chamber).

All KPA Decisions are published and carefully listed in the Register of Magistrates Access to Justice Akses Drejtësi, a platform created by the AIS organization as an open and transparent model of a Magistrate’s Register.

 

393 Donors during the 2021 Election Campaign, SP receives the largest donations, LSI surpasses the DP, List of Donors for each party

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Open Data Albania is publishing the names and donation size of Electoral Donors in the 2021’s April Elections. Donors in Electoral Campaigns are private subjects, companies, legal entities or individuals who donate funds, goods or services to candidates or electoral parties. Donations are mandatory to be divulged based on the agreed legal form. Donations of goods or services, provided without compensation in return are considered in-kind and their value is accounted for and reported. The Electoral Code requires that, for donations above the amount of ALL 50,000, a special account must be opened and all transactions above this value must pass through it. See the article HERE
  • Based on the official Records, it emerges that there are 9 parties that have disclosed the size of donation as well as the identity of donors, the Socialist Party, the Democratic Party, the Socialist Movement for Integration, the National Front Party, the Union Party for Human Rights, the Agrarian Environmentalist Party, the Hashtag Initiative and the Movement for Change.
  • 393 donors were rounded up for all political parties. See the article HERE
  • The size of donations calculated for all political parties is ALL 31,747,216.
  • The amount of donations in cash is ALL 23 168 668 or 73% of the total donations. The amount of donations in kind was estimated at ALL 8,578,548 or 27% of the total donations.
  • In the article you can see the Donations, Amount, names, parties and other aspects concerning in kind and in cash donations.
  • In this section we’ll analyze donations received by the three main parties in the country, the Socialist Party, the Democratic Party and the Socialist Movement for Integration.
  • The Socialist Party and its candidates have benefited from donations amounting to ALL 17,162,800. Of this amount, 83% are donations in cash (ALL 14,245,240), and the rest, 17%, are donations in kind (ALL 2,917,560).
  • The article contains the complete information and data in regards to the proceeds donated to each party and respective candidate.
  • The Democratic Party and its candidates managed to receive donations in the amount of ALL 2,552,601. All donations to the Democratic Party are in the form of in-kind donations. Four candidates of the Democratic Party have declared that they have received private donations. The candidates of the Democratic Party who have benefited from said donations are: Edmond Spaho, Entela Shehaj (in this case the donation came from the candidate herself), Ethem Zyber Aga, and Anduena Qefalia.
  • The Socialist Movement for Integration and its candidates have managed to collect donations in the amount of ALL 8,217,807. The Socialist Movement for Integration has declared that it has received donations from private donors in the amount of ALL 1,174,688, which is 14% of the total amount of donations received. Its candidates have declared that they have received donations in the amount of ALL 7,043,118, or 86% of the total amount donated. It should be noted here that 51 candidates have made donations to themselves or rather, have put their own funds at the disposal of the 2021 election campaign.
  • If from the total donations collected from the three main parties, we discount donations made by the candidates themselves, it appears that the Socialist Party has benefited from donations in the amount of ALL 17,162,800, the Democratic Party and its candidates have benefited of ALL 2,251,141. Meanwhile, the Socialist Movement for Integration Party has benefited from ALL 3,159,169. It seems clear that the Socialist Party and its candidates have managed to collect relatively much more donations compared to the Democratic Party, the Socialist Integration Movement or their respective candidates.
  • The Socialist Party and its candidates have received the abovementioned amount from 127 donors, the Democratic Party and its candidates from 58 donors and the Socialist Integration Movement from 108 donors. See the article HERE
  • A simple calculation of the average amount received per donor shows that a donor of the Socialist Party donated an average of ALL 135,140, a donor of the Democratic Party ALL 38,813, while a donor of the Socialist Integration Movement donated an average of ALL 29,252.
Below you can see the complete list with the size of donations, their form, and the name and surname of the donor. Other articles on Electoral expenditures https://ndiqparate.al/?cat=49 For more details and to have a look at donations for all, big and small parties separately, download and consult the Excel file at the end of the article.