TOP Analysis, Prognoses and News about Greek - Albanian Relations and the Region.
Tuesday, December 3, 2013
Albania, OSCE against the anti-corruption package
The OSCE presence in Albania has considered the new Anti-Corruption package as a step forward in the fight against corruption.
A letter sent to the Head of
the Commission of Laws, Fatmir Xhafaj, the OSCE presence writes that
after a detailed review of the draft, the approval of the main part of
the amends, such as the transfer of the Court of Serious Crimes
competences, is a step forward.
“The current situation in the
fight against corruption is a problem that is not related to the
legislation, but to the failure to implement the existing law. The
solution might not be a simple legal reform”, the letter says.
its comments, the OSCE argues that the Court and Prosecution of Serious
Crimes are not specialized to discuss the corruption cases, and do not
have the financial and human resources to take care of the corruption
cases. According to them, by drastically increasing the workload would
only hamper the functionality of both institutions.
The OSCE is
concerned about the task force units, which will not have the right to
investigate these cases, but to have better equipment and training. The
OSCE says that corruption is not an act of high danger to be tried by
this court. It brings the example of the corruption of a nurse with 500
ALL. The procedures to be followed in this case as a criminal act that
this court usually tries, such as war crimes, murder in an organized
In its suggestions, regarding the language used, the
OSCE says that they need to clarify what happens if one of the measures
has been taken before the person takes the status of a judge or an
Parliament Member. It should also be explained if the immunity of
Parliament Members and judges affects these measures, and if yes, how.
It should avoid the formulation of arrest on the act, when the subject
is caught during or right after the crime has been committed. It should
foresee the respective troop which should receive an authorization
request and information about the arrests.