The organization AIS expresses its regret and would like to let you know that it has made an appeal against the Decision of the State Commissioner for Elections no. 457, dated 01.10.2021, through which the Commissioner refuses to review of the denunciation made by AIS/OpenDataAlbania Report on 31 May 2021. The parties denounced for having mismanaged the public funds are the Council of Ministers and the Municipality of Durrës.

Our denunciation dated 31 May provides arguments on the Misuse of Public Assets and Funds for electoral purposes, by the Council of Ministers and the Municipality of Durrës during the Electoral process April 25, 2021. http://ais.al/new/wp-content/uploads/ Call-CEC-Final-in-two-languages-1-this1.pdf

The Commissioner, by Decision dated 1 October, has decided to declare the review of the Claims submitted as beyond its competences. Link: http://ais.al/new/wp-content/uploads/Vendim-457_211001_Vendim-ndaj-Keshillit-te-Ministrave-Keshilli-Bashkiak.pdf

Considering this decision of the Commissioner unfounded in law and evidence, as well as contrary to the current practice developed by the Commission of Sanctions and Complaints (CSC), AIS filed on October 28th, its appeal by addressing the CSC. Link: http://ais.al/new/wp-content/uploads/ANKIMI-KAS-AIS_English.pdf

The complaint states that the Commissioner’s Decision should be Repealed because:

1. There are Violations of the Due Legal Process during the Administrative Procedure.
2. The foundation of AIS Request remained unanswered.

AIS (http://ais.al/new/en/?s=election ), as the author of the Denunciation, demanded asked the Complaint and Sanctions Commission to Repeal Decision no. 457, dated 01.10.2021 of the State Commissioner for Elections and Return the case for review to the Commissioner. Also Pursuant to Article 137 and/or Article 138 of the Code of Administrative Procedures, amendment of decision no. 457, dated 01.10.2021 of the State Commissioner for Elections and conduct of additional administrative investigation into the denunciation of AIS by the Complaints and Sanctions Commission and introduction of legal measures upon its conclusion.

The Complaint Review Session will be held by the CSC, on Monday, November 8 at 11 o’clock.

Some details on the administrative irregularities of the Commissioner’s Decision are set out below:

1. Having no response from the Municipality of Durrës and the Council of Ministers and considering the requested information important for the administrative investigation, the Commissioner, by its decision no. 439, dated 02.08.2021, has decided to extend the term of the administrative review of the denunciation for violations provided for by the Electoral Code and decision no. 9, dated 24.12.2020 of the CEC Regulatory Commission on the Council of Ministers and the Durrës Municipal Council. LINK:  http://ais.al/new/wp-content/uploads/CEC-Decision-439_English.pdf
2. Even after the extension of the term of the administrative review, the Commissioner has administered on 02.08.2021 only the response of the Municipality of Durrës by Mrs. Emeriana Sako, who performs the functions of the Mayor of Durrës.
3. The Council of Ministers did not respond to the Commissioner and the latter did not request a response from them, and has not imposed any punitive measures for non-cooperation with the CEC as required by Article 169 of the Electoral Code[1].
4. AIS: was not informed and did not have the opportunity to comment on any material / response submitted by the Municipality of Durrës.
5. The Council of Ministers has not commented on this denunciation twice, it has not offered cooperation with the Commissioner and is not administratively punished for its position.
6. In the process of making the final decision, AIS as the complainant was not given the opportunity provided by the Code of Administrative Procedures, Article 93, to finally express its claims. As the complaining subject, AIS shows a legitimate interest in this proceeding, because it is the party that made the denunciation and should have been called as an interested party in the administrative proceeding followed by the Commissioner.
7. By Decision dated October 1, the Commissioner Decided to consider the review of the Claims submitted outside its jurisdiction, leaving AIS Denunciation against the Council of Ministers and the Municipality of Durrës for Misuse of Public Funds in the Election Campaign of April 25 without a thorough investigation.

AIS , as the author of the Denunciation, demanded asked the Complaint and Sanctions Commission to Repeal Decision no. 457, dated 01.10.2021 of the State Commissioner for Elections, and Return the case for review to the Commissioner. Also Pursuant to Article 137 and/or Article 138 of the Code of Administrative Procedures, amendment of the decision no. 457, dated 01.10.2021 of the State Commissioner for Elections and conduct of the additional administrative investigation into the denunciation of AIS by the Complaints and Sanctions Commission and introduction of legal measures upon its conclusion.

The hearing in the CSC was held on 8 November. The Complaints and Sanctions Commission (CSC) accepted our Request for changes to be made to the Decision of the State Commissioner regarding its lack of competence, but rejected the allegations of irregularities in the acts of the Council of Ministers and the Municipality of Durrës, i.e. the acts that made it possible to pay Individual grants a few hours before the Voting day. The text of the CSC Notice is as follows

The Complaints and Sanctions Commission reviewed today (November 8th) appeal no. 74, challenging decision no. 457, dated 01.10.2021, of the State Election Commissioner, a complaint by the organization Albanian Institute of Sciences (AIS).
The Albanian Institute of Sciences has challenged the acts of the Council of Ministers and those of the municipality of Durrës regarding the funds they have allocated to the subjects affected by the earthquake. The State Election Commissioner had claimed lack of competence over this complaint.
Having heard the appellant and having reviewed the documentation, the CSC found that its review is the competence of the CEC bodies, so by a majority of votes, it decided to accept the request to amend decision no. 457, dated 01.10.2021 of the State Election Commissioner, whereby the latter had declared itself not competent for reviewing the complainant’s claim.
At the end of the administrative investigation, the CSC concluded that the acts challenged by the Albanian Institute of Sciences do not constitute a violation of decision no. 9 dated 24.12.2020 of the Regulatory Commission (reformer), because such decisions do not propose, approve, or allocate any new funds, but simply set executive procedures, so by a majority vote it decided to reject the request for an administrative sanction to be imposed for violation of decision no. 9, dated 24.12.2020 of the CEC Regulatory Commission.

This Decision can be challenged in the Administrative Court within 30 days from its Disclosure on the CEC Website.

[1] Article 169 of the Electoral Code provides that: “Refusal to cooperate with the CEC or to provide information provided by this Code to the CEC, by officials of local or central government bodies, is punishable by a fine of 10 thousand to 50 thousand ALL.”

AIS is working to create a Network with Young People who have the skills and vocation to promote and influence public debate by enriching it with arguments and facts. This idea is implemented by the promotional team of Open Data Albania and it is intended to train researchers, activists, or journalists in their first steps of the profession, or during university studies, so that they may articulate themselves publicly on issues related to governance and corruption.

The process requires a commitment to:

• one or two meetings per month,
• independent work,
• work under the care of an expert or data analyst,
• stimulated debate among young people themselves;
• preparation of research articles for publication on the website FollowtheMonye.al by junior authors.

The final goal of the process is to strengthen the capacities and knowledge of an elite youth group that has the vocation, talent, and willingness to engage in public articulation.  The process will be finalized with the publication of research articles on the Open Data Albania/FollowtheMoney portal by young people themselves giving them the opportunity to share with the public facts, analysis, and presentations.

Register Here

We welcome young people up to 25, students or newly graduated, to apply. What is required is candidates who are willing to empower themselves through data, information, and knowledge. Young people should be willing to improve their articulation skills and ability to engage in argument-based discussions.

Please find below an update on Albania’s situation with Covid-19, for the week 04.10.2021- 10.10.2021, which AIS / Open Data Albania is providing. Find Data and Charts on Covid-19 updated on a daily basis at http://www.open.data.al/covid-19/

As per the last public statement, the number of Vaccinated in the country is:

–           Complete vaccination with 2 doses 828 940 Persons
–           Vaccination with the First Dose 960 652 Persons
–           In Percentage, it results that 29.29 % of the Population is Fully Vaccinated.
–           In Percentage, it results that 35.08 % of the Population above 15 years is Fully Vaccinated.

The Albanian state has so far applied Vaccination with AstraZeneca; Pfizer BioNTech; Sinovac CoronaVac; Gamaleya – Sputnik V. (Linked all documents of our Government for Vaccine Administration http://openprocurement.al/en/htender/covid/title/KONTRAKTIME%20VAKSINIM%20COV-2?   )

Indicators as of October 10^th, 2021, Infections, Hospitalizations, and Fatalities:

–           New Cases for 4^th – 10^th October  3 174
–           People Testes 4^th – 10^th October  29 909

–           Number of Fatalities for last week, 4^th – 10^th October – 55 (Increase from same week 4^th – 10^th October of the prior year.)
–           Number of active cases on 10^th October 2021 – 7 113
–           Hospitalization 10^th October 2021 – 164 (Reduction from same day 10^th October of the prior year.)
–           Total Number of Fatalities 2 768
–           Total Number of Infected People 174 968
–           Number of recovered patients (4^th – 10^th October) 4 957
–           Infected Number / Tested Number for 4^th – 10^th October – 10.6%  (Reduction from prior week)
–           Fatalities/Infected Ratio for 4^th – 10^th October – 1.73% (Reduction from prior week)
–           Hospitalized /Active cases as per 10^th October 2021 – 2.3% (Increase from prior week)
–           Total Population of Albania 2 829 741.
–           Population above 15 years 2 362 375.

The same week, 4^th – 10^th October, last year (4^th – 10^th October, 2020) there were: 24 deaths, comparing to that for the same week we have 31 more deaths in 2021. (This year we have an increase from same week prior year)

A total of 1114 new cases and 6557 tests for (4^th – 10^th October 2020). (This year we have an increase from the same week prior year)
Active on the 10^th October were 5409 people (4^th – 10^th October 2020). (This year we have an increase from the same week prior year)
232 people were hospitalized on the 10^th of October 2020.  (This year we have a reduction from the same day prior year)
Fatalities/Infected Ratio for 4^th – 10^th October 2020= 24/1114*100=2.15% (This year we have a reduction from the same week prior year)

We see that there is generally an ascending trend from last year.

In the portal created by AIS http://www.open.data.al/covid-19 /the data for Covid -19 are being updated daily. You will receive a weekly update on Covid 19, Vaccinations, Infections, Hospitalizations, and Fatalities in the coming weeks.

AIS databases, #Information, #Transparency, and #Accountability

–           Open Procurement Albania all Covid-19 Contracting http://openprocurement.al/sq/htender/covid
–           Open Data Albania #FollowTheMoney http://ndiqparate.al/en/10789-2/
–           Open Spending Albania http://spending.data.al/en
–           Open Corporates Albania http://opencorporates.al/