TIRANA, Feb.10 – The Albanian government approved this week changes to the law on state police paving the way for the establishment of the National Bureau of Investigation, a specialized structure tasked with fighting corruption in the higher echelons of power, a move which was considered as unilateral by the opposition Democrats.
Its establishment has been strongly supported by the international community; in particular by Albania’s strategic partners, the United States and the European Union, whose diplomats have intensified meetings with political leaders in the country ahead of a pending judicial reform.
However, Albania’s opposition has said they do not support the draft, which they consider to be one-sided and not the one they have previously agreed with the mediation of American diplomats.
“Such a draft surrenders criminal investigations to the government, which is unacceptable and goes against the Constitution and the draft agreed with American partners as well as Venice Commission recommendations,” Democratic Party chairman Lulzim Basha said on Thursday.
Basha said the previous day the opposition is willing to support the draft only in case the bureau is under the authority of the Prosecution office.
“Otherwise, this is just a trick to gain time and to pull wool over the eyes of the public and international community,” Basha said on Wednesday.
On the other hand, Prime Minister Edi Rama considered the opposition’s stance against the draft on the National Bureau of Investigation as farcical by saying that the draft approved by the government has received the full consent of the Democratic Party beforehand.
Rama said during the parliament session on Thursday that the draft was compiled with the help of international assistance, based on Venice Commission recommendations after the decision of the Constitutional Court which rejected the first draft presented by the government.
The Socialist Movement for Integration had also expressed its support on Wednesday regarding the draft law on the National Bureau of Investigation.
The head of the SMI parliamentary group Petrit Vasili told reporters that the draft has received OPDAT’s support and the process was characterized by all-inclusiveness, thus providing an answer to opposition’s demands for the approval of the draft law.
However, now that the opposition is strongly positioned against the draft, its fate is put into question as the Socialist Movement for Integration chairman Ilir Meta has said that the ruling majority will not take any steps without the opposition’s consent.
According to the draft proposed by the government, the National Bureau of Investigation is organized as a special structure of the State Police, while the bureau will investigate cases involving high officials.
The Interior Minister following proposals by the State Police director will be responsible for appointing the head of the bureau after receiving written consent by the General Prosecutor. The sacking of the structure’s chief will also require General Prosecutor’s consent.
The draft states that prosecutors will have decision making authority over investigations led by the National Bureau of Investigation.
The General Prosecutor will appoint one or more prosecutors from the Serious Crimes Court to serve as prosecutors for the bureau.
The draft proposed by the government, the National Bureau of Investigation is a service of Judicial Police and its officials are officers and agents of the Judicial Police.
The draft law also stipulates the setting up of a structure comprised of criminal justice experts appointed by the EU delegation and the United States Embassy that will monitor the recruitment and training process of bureau’s employees and their dismissal, thus guaranteeing the integrity of the structure.
Last year, the Constitutional Court ruled a previous government draft on the National Bureau of Investigation as unconstitutional after a complaint filed by the Democratic Party since in the court’s view it created room for overlapping competences.
