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Illegal surveillance accusations charge immunity debate

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Socialist Party accuses government of spying on the phone calls of opposition members and foreign diplomats, urging a full investigation in parliament. MoD denies involvement, calls accusations “a provocation.”

TIRANA TIMES COVER STORY

TIRANA, July 19 – A tough political debate in Albania over lifting immunity from persecution enjoyed by many state officials נincluding members of parliament – was fueled this this week by some of the most serious accusations the opposition has ever levied against the government.
Senior Socialist Party figures, including its leader, Edi Rama, accused the government of using Ministry of Defense structures and equipment to spy on the phone calls of opposition members and foreign diplomats, urging a full investigation in parliament. The minister of defense categorically denied the accusations and said an investigation cannot happened without following full procedures to protect state secrets.
Mr. Rama said government actions against the opposition like illegal surveillance make it hard to cooperate on lifting immunity.
While most agree lifting immunity would help in cases when it is used as a shield against fighting corruption, a key requirement for EU membership, the process by which the lifting is achieved and whether it is enough to satisfy EU requirements have been subjects of debate in parliament and on the airwaves.

Opposition accuses government of spying

Speaking in front of the media last week, senior Socialist Party figures, including Mr. Rama, accused the the government several times that it is using Ministry of Defense structures to spy on the phone calls of opposition members and diplomats. They say they want to audit the ministry through the appropriate parliamentary committee.
“These actions can only be characterized as criminal,” Rama said in a press conference. “How can we cooperate when such things happen.”
He added the government should allow the opposition members of parliament to inspect surveillance equipment the Ministry of Defense recently purchased, and which the opposition insist is used to spy on its members of parliament.
Defense Minister Arben Imami has categorically denied the accusations that the ministry had spied on diplomats or politicians. He said surveillance had only taken place on matters of national security in partnership with other NATO countries.
“As far as surveillance goes, there are no such things נthere are no such things,” the minister told the media. He said the opposition is not being spied on and called the accusation on surveillance on diplomats as a “provocation” of the opposition which entirely out of order.
The Socialist parliamentary group wants more parliamentary oversight on the Ministry of Defense on these matters, something Mr. Imami says should be limited. “Parliament must be clear on its limits,” Mr. Imami told members of the committee. He said any auditing should be done by a group of three or four members of parliament sworn to secrecy and who are only allowed to issue a report whether they found any prof of wrongdoing, but not report to the party leaders on the details.
Independent analysts note that such serious accusations would require a proper investigation to protect Albania’s credential as a democratic country and a NATO member.
They note the government’s credibility is a stake if such serious accusations are not clarified and the opposition’s own reputation is on the line if it comes out such accusations are not true. Furthermore, because Albania is a NATO member country, it is not just the Albanian public and institutions that need to know the truth, but the alliance as well, analysts note.

Government: Immunity lifting helps fight corruption, EU ambitions

The accusations of illegal surveillance started as part of a wider debate in parliament on the abolition or restriction of immunity from prosecution for state officials, including members of parliament.
Prime Minister Sali Berisha has made continuous call on the opposition Socialist Party to vote for changes in the constitution that would allow for the lifting of state officials’ immunities, including those of members of parliament. Mr. Berisha says he believes the immunity is used as a shield against for corruption.
“The lifting of immunities will mark a new era in the fight against corruption,” the prime minister said at a recent press conference.
Mr. Berisha urged the opposition to jointly approve the removal of immunity to pave the way for justice in fighting corruption as part of EU requirements. He said the government proposal came after consulting with EU institutions. Mr. Berisha said the lifting of immunity would bring a new era in Albania, where all citizens are equal before the law.

Opposition: Process needs to be transparent, not a witch-hunt

The opposition has been careful in its response, noting that lifting immunity requires constitutional changes and a process that is properly thought out and debated.
Socialist leader Edi Rama said mistakes had been made in the past with constitutional changes, and he would not allow the changes to turn into a “witch-hunt” to intimidate the opposition before the next general elections.
“I’ve already sent in writing to the troika of ambassadors our position on changes to the constitution related to immunity. Our position is clear. We agree with the need to limit immunity and will vote to limit immunity in a public, transparent, all-inclusive process about changing the constitution,” Mr. Rama said in a news conference. “On the other hand, we will not become part of a process of just patching the constitution, or allow for this to become a witch-hunt on the eve of the next elections.”

EU: Immunity only part of the process of fighting corruption

The Brussels’ top man in Tirana, Ettore Sequi, called for a process that is inclusive, but added that a lot more needs to be done to fight corruption. In an interview with an Albanian television station Top Channel, the ambassador said removing the immunity is only part of the efforts needed. It’s important to fight the culture of corruption, he noted.
“Lifting immunity is an important step, but clearly not enough,” Ambassador Sequi said. “The fight against corruption must be comprehensive and itself is a process . . . Removal of immunity is one of these bricks of the wall.”

Legal experts: Proper consultations needed

Criminal justice experts note that that immunity is not necessarily the main reason senior officials are not prosecuted for corruption.
“I think immunity is not the main factor that hinders the fight against corruption, but its review is necessary,” Ismet Elezi, a legal scholar, told the Albanian service of VOA. “I do not deny that it is necessary for the prosecution to have the a wider area of action.”
Albania is not alone in providing immunity to its members of parliament, Greece, its southern neighbor and EU member, has a similar practice. In theory, political scientists explain, it allows lawmakers to do their jobs without the fear of threats that might come from possible legal prosecution.
“On the other side of the problem, immunity today ensures that the MP can speak freely in parliament, giving opinions without hindrance. . . . From that viewpoint, it is an attribute that reinforces parliamentarism, is positive and strengthens democracy,” Mr. Elezi said.
He added corruption persecutions in Albania remain low, despite the fact that corruption is everywhere. “Fighting corruption is task number one for European Union integration. If immunity is indeed used as a shield for corruption, then it must go,” he said. But, Mr. Elezi added, such changes need wide consultations with the legal community. This is necessary so changes in laws can serve in the long-term, he argued.

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