
"We have external pressure from organized crime and political actors" - Altin Dumani: The issue of non-extradition of citizens captured in the United Arab Emirates remains a problem

Altin Dumani, head of SPAK, during his work report for 2024 to the KPL, listed the problems that special prosecutors encounter during their work.
First, Dumani cited external pressure on SPAK from organized crime, political and media actors, which, according to him, violates its constitutional independence and effectiveness in investigations.
Among other things, Dumani also discussed the issue of non-extradition of Albanian citizens located or arrested in the United Arab Emirates.
Problems faced by SPAK:
External pressure on SPAK from organized crime, political and media actors, which undermines its constitutional independence and effectiveness in investigations. External interference also jeopardizes the integrity of prosecutors and the investigative process. To guarantee the independence of SPAK, as well as support for prosecutors in sensitive cases, a more coordinated and timely response is needed from all institutions, which have the responsibility of protecting the integrity of SPAK.
The continued lack of a clear legal definition regarding the status of special prosecutors after the end of their mandate. SPAK notes that this issue has not yet been addressed and emphasizes that the lack of a clear definition of this status could undermine the continued maintenance of high professional standards of investigation, required by the public, the Parliament, the Council of Ministers and international institutions. As highlighted in the SPAK annual report for 2023, the lack of a clear status of special prosecutors would also undermine the continuity of important investigations conducted by SPAK.
The continued failure to address the allocation of legal advisors to the Special Prosecution Office . We reiterate that the lack of this human resource standard hampers the quality of the investigation and appeals of SPAK in pursuing cases at all levels of trial and in the Constitutional Court.
The low number of referrals from public institutions, including the state police, regarding criminal offenses within the framework of corruption and organized crime still remains problematic .
The completion of the Case Management System remains a priority for the Special Prosecution Office. The system has a modular design and the development/construction of the modules was completed in December 2024. Due to the completion of the ICITAP supporting project, this process has been suspended and is expected to be completed within 2025, with EU funds.
The establishment of the SPAK analysis unit that will be deployed to support complex investigations, risk measurements, and reporting in the framework of negotiations with the EU, Moneyval, and reporting in the framework of various national strategies, remains a challenge. Collaboration is being carried out with international experts to adapt a model according to the requirements and functioning of SPAK.
The status of the Liaison Specialist in the Sector for International Cooperation and Joint Investigations remains problematic , as he is treated as a civil servant based on Law No. 95/2016 “On the Organization and Functioning of Institutions to Combat Corruption and Organized Crime”, as amended, and Law No. 152/2013 “On the Civil Servant”, as amended. This situation is in contradiction with the functions that the Liaison Specialist must perform according to Law No. 95/2016, as argued in the SPAK annual report for 2023.
The lack of competence to review requests from foreign authorities regarding the recognition and execution of foreign criminal decisions in Albania against Albanian citizens for criminal offenses for which the Special Prosecution Office has jurisdiction , according to Article 75/a of the Code of Criminal Procedure, remains unaddressed. Likewise, the submission of requests for the recognition and execution of criminal decisions of the Special Court of First Instance for Corruption and Organized Crime by a foreign country, as well as the implementation of the extradition procedure abroad of Albanian citizens.
The lack of subject matter competence of the Special Courts to review requests in the phase of execution of the criminal decision for special subjects according to the provisions of Article 135, point 2, of the Constitution and Article 75/a, of the Code of Criminal Procedure. Currently, these requests are reviewed by the courts of general criminal jurisdiction, as argued in the annual report of SPAK, for the year 2023.
The issue of non-extradition of Albanian citizens located or arrested in the United Arab Emirates continues and remains problematic, as argued in SPAK's annual report for 2023.

E djathta mes pasqyrës së Berishës dhe Bashës!
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