The verification procedures started by the General Prosecutor’s Office for 30 candidates for MP in the parliamentary elections of 25 April are facing some problems outside Albania. According to the Voice of America, representatives of the prosecution body have confirmed to them that the investigations abroad are problematic since the decriminalization law is unique and many countries do not find a legal basis to respond. “Scholars consider the decriminalization law a failure, while party representatives say that they have used all filters to stop individuals with criminal backgrounds running,” writes VOA.
Although 6 years have passed since the adoption of the decriminalization law, it looks like the political debate before the elections has continued to remain blocked in the same doubts regarding the integrity list of the candidates. From 1,900 candidates for the upcoming elections, the Central Election Commission has requested to the General Proescutor’s Office an in-depth verification for 30 of them, based on indications and other facts known to the public. The 30 candidates under verification belong to 9 political entities: 6 candidates from SMI (Lëvizja Socialiste për Integrim), 4 candidates from the Democratic Party, 3 candidates are from the Socialist Party, 3 candidates are from the Social-Democratic Party, 5 candidates are from the Alliance ABEKO, 2 from Democratic Obedience (Bindja Demokratike), 2 from the Movement for Change (Lëvizja për Ndryshim), 2 candidates are from Thurrje Initiative, and two are independent. In the decriminalization forms submitted to the CEC, most of them have declared deportations from a foreign country, sentences, and bans inside and outside the country.
“For 25 out of 30 candidates for MPs, the General Prosecutor’s Office has requested information from the Interpol office in Tirana through the General Directorate of Police, a signal that raises suspicions about their involvement in criminal acts outside the borders of Albania,” writes VOA, adding that “Prosecution officials say they have encountered several problems in the past with similar cases in overseas verifications.”
Pranvera Pustina, Prosecutor and Director of the Cabinet of the Attorney General’s Office, explained to VOA some of the difficulties regarding the verification procedures. “This process includes an investigation which, despite being complete and in-depth, is of an administrative nature, not of a criminal nature. Jurisdictional relations with foreign countries, meanwhile, provide that we can cooperate with the authorities of other states, only in the case of a criminal investigation. And it is understandable that the investigation in this case is not criminal, so we collect information of an administrative nature. This makes the process a bit difficult, as many states have no legal basis on where to rely to return an answer,” said Pustina, adding that since 2016 until today, there have been many cases where investigations have remained suspended.
While the prosecution has up to 3 months to complete the verifications, delays in responses from authorities abroad can prolong the process even by many years. Researchers say the decriminalization process has failed because incriminated individuals have political support. According to VOA, the ruling SP has in the process of verification three candidates, two of whom in the decriminalization form have stated that they have been deported from a foreign country and the other has stated that he has been under investigation in Germany. Officials of this political force deny having neglected party verification filters and underline that legal responsibility is individual. Meanwhile, from the 4 candidates under investigation from the DP, three of whom have declared in the decriminalization form a sentence in Italy and deportation from Switzerland and Germany. Opposition representatives say that in-depth verification has been carried out for its candidates and that they are in accordance with the law.
