It has been a perfect storm. First, investigative journalists exposed blatant corruption in the judiciary. Then, Transparency International placed Albania last in Europe in its latest corruption perceptions survey. Now the government says it must act – but will the reforms actually work?
By the time an investigative television program showed hidden footage of rolls of cash exchanging hands between a father looking to get his sons out of jail and members of the judiciary in a small town in northern Albania, it was clear there is some truth to the perception of the Albanian public, which has long suspected the justice system to be among the country’s most corrupt entities.
The report by the Fiks Fare investigative show on Top Channel showed how someone can bribe the judge, the prosecutor and their staff to get a favorable ruling.
It was the first element in what has been a perfect storm for the curse of corruption in Albania. Shortly after investigative journalists exposed blatant corruption in the judiciary, Transparency International published its annual survey on corruption perceptions, placing Albania dead last in Europe. Now the government says it must act – but will the reforms actually work?
Money to be set free
The man who decided to take the hidden footage was trying to free his sons, who had been detained following a protest. He said they were innocent, but weren’t being released. So he negotiated with intermediaries and judicial staff to get them out of pre-trial detention. The footage showed he paid 50,000 leks (about $5,000) with portions going to the judge, the prosecutor and intermediaries.
Following the broadcast, the prosecutor general suspended the prosecutor in Puke, the town in question, and the High Council of Justice suspended the judge involved. The Justice Ministry fired the staff members seen on the footage.
For the moment there have been no criminal charges in the case, but there has been a public uproar. Surveys show Albanians view the justice system as the most corrupt part of the country and they want guilty officials to be harshly punished. Some Albanians, interviewed by local media, said that any dealing with the courts becomes very expensive and people have had to take loans in order to pay the bribes.
The investigative program has also shown hidden footage with unconfirmed middle men going so far as to mention the name of the Chief Supreme Court Judge Xhezair Zaganjori in a corruptive affair.
Zaganjori, who was a presidential candidate at one point, immediately went public say that the insinuation was false and that he did not know “the pimps” showed in the broadcast. He also urged a full investigation of the case.
The Union of the Judges also denounced the cases shown on the investigative television show, however, it added that individual corrupt judges should not be taken as an example of the entire system.
Political football with corruption
The corruption allegations have led to typical political debate in Albania with representatives of opposing coalitions accusing each other as to who is to blame.
Governing Socialist Party lawmakers of Prime Minister Edi Rama immediately accused the opposition Democratic Party saying they have “installed” a network of justice officials who have raised bribery to dangerous levels. The accusations come because the Democrats were in power until September.
The Democrats deny the charges and in turn accuse the government of pursuing its own agenda to dominate with its own political and economic interests instead of uprooting corruption.
The justice system has been post-communist Albania’s Achilles’ heel in the last two decades regardless of what party has been in power. All polls and international reports put it as the main culprit for the country hampering its advance to the European Union.
While the country is expecting to get the EU’s candidate status, likely later this month, fighting corruption in the justice system remains one of its top duties it should continuously do along the membership efforts.
Nikola Vuljanic, a European parliamentarian, said that such officials should be arrested, adding that time has come to put under arrest “a minister, a prosecutor general or a prime minister.”
There appears to be some movement in lower levels of enforcement, however, with some signs that the new authorities are planning and trying to show their firm stand in fighting corruption.
Authorities said the former deputy minister of interior, Ferdinad Poni, has been questioned and is likely to face two charges of corruption.
In the southeastern city of Korca, a senior police officer was also fired from the post and put under arrest for favoring contraband at the border crossing point.
New legal package under debate
For better enforcement, the government has introduced an anti-corruption legislative package at the parliamentary legal commission. It has sparked a harsh debate among the political groupings but has also involved the international community in the country.
Justice Minister Nasip Naco, who represents the Socialist Movement for Integration of Ilir Meta in the Socialist Party-led government, introduced the package at the commission.
But opposition Democratic Party lawmakers said that such amendments were inappropriate and being pushed through against the wishes of experts from the United States and the OSCE.
The U.S. OPDAT mission, which assists Albania’s legal system, said in a statement it deplored the fact that the authorities had not consulted with them and complained the new changes would overburden the serious crimes court with corruption cases that sometimes could be dealt in more minor courts. The OSCE has also expressed concerns, the opposition said.
Albania takes dive in TI corruption ranking
The debate about corruption-fighting legislation occurred as Transparency International issuedTuesdayits Corruption Perception Index, which placed Albania lower in the rankings compared to last year, from 113th place out of 176 countries in 2012 to 116th position in 2013. Albania is the most corrupt country in Europe and the Balkans. And ranking dead last in Europe is seen as damning for Albania and its EU hopes.
“In Albania, corruption is registering a new physiognomy in a favorable political environment, with characteristics like a new systems for money laundering, financing of political parties from illegal activities, the capture of the state through the control of procurement and privatization, human and narcotics trafficking and the impunity of high state officials before the justice system and the law,” said Ines Hila, coordinator for Transparency International Albania.
Albania is followed by Kosovo, which is positioned 111th in the index. Montenegro and Macedonia share the 67th place, while Serbia and Bosnia are in 72nd place. In 2012 Macedonia and Montenegro were ranked respectively 75th and 74th, while Serbia and Bosnia, 80th and 72nd.
Croatia was again the best performer in the region, ranked in 57th place and registering an improvement of five places from 2012.
Prime Minister Rama said he considered such a ranking as “shameful” and directly blamed the former government of the Democratic Party led from then-Prime Minister and leader Sali Berisha for such a situation.
Rama also pledged they were doing their utmost to change the situation and the perception in the world.
The Corruption Perceptions Index is based on experts’ opinions of public sector corruption. Countries’ scores can be helped by strong access to information systems and rules governing the behavior of those in public positions, while a lack of accountability across the public sector coupled with ineffective public institutions damage these perceptions.
