The Parliamentary Commission on Laws approved a set of changes and appendixes in the law “On the surveillance of telecommunications”, in order to include surveillance be carried out on behalf of the Ministry of Finances. The changes will shortly be brought before the parliament for approval, reports the press (Gazeta Libertas, 2.10.2009).
The draft foresees that the Ministry of Finances be legally included among state agencies that can put orders of surveillance. The changes were regimented on the basis of the fact that the Ministry of Finances disposes of police forces that act with attributes of judiciary police (“me atributet e oficerit t롰olicis롧jyq촯re”), reports the newspaper.
On TV Klan, the Minister of Finances, Ridvan Bode, argued the changes to be necessary for the improvement of the efficiency of the tax-collecting institutions and situated the surveillance operations within the framework of the collection of important information on the fulfillment of legal duties of tax officers.
Who may ask for surveillance?
Competence problems
It is not yet clear who will determine the need for a surveillance operation. Will it be the competence of the Minister of Finances alone or will it be possible for lower ministry members to ask for surveillance operations? Who will be mandated for carrying out such operations? Will it be internal or external police forces? Who will be informed prior to the beginning of the surveillance operations? Who will know about them? Who will be informed of the findings? These questions remain unanswered. The media have not yet collected or do not reflect information on this set of issues.
Who will be put under surveillance?
Extent of the measures
Before a panel of renowned journalists and analysts, the Minister of Finances, Ridvan Bode, (one of the few Ministers that remained in the new government and did not change posts), assured that tax and custom officers and inspectors – clerks of the taxes and customs administration – will be the only persons that may be put under surveillance as a result of the changes intended in the “Surveillance Law” (TV Klan, Opinion, 1.10.2009). Later, however, (2.10.2009) Gazeta Libertas gave another version and suggested that the law may concern each and every citizen. “Now even the Ministry of Finances, parallel to the Interior Ministry and the Ministry of Defense, may demand the opening of surveillance operations on persons or subjects for inspection purposes. The Parliamentary Commission on Laws has approved the changes of the law on surveillance, giving the Finances the right to put under surveillance every suspected person” writes the newspaper.
The law “On surveillance” was approved in Albania last year reminds Libertas. The draft of the quoted changes approved by the Parliamentary Commission on Laws on the 1st of October will be later presented for approval in the Parliament.
Reactions
The Socialist Party MP, Vasilika Hysi, highlighted that the changes approved in the Parliamentary Commission on Laws in the absence of the opposition, (the Socialist Party and its coalition), speak of an avowal of failure of the government.
As regards the spirit of these changes, she criticized the parties in power of going astray of the spirit of the Constitution.
