HomeCurrent EventsThe Waste-Laden Ship, Prosecutor's Seizure Order Remains on Paper

The Waste-Laden Ship, Prosecutor’s Seizure Order Remains on Paper

Ilda Hoxha

The Durres Prosecutor’s order to seize containers suspected of holding hazardous metallurgical waste from the Kurum company in Elbasan has remained unenforced for four days. Today, after the matter was brought up in Parliament, Interior Minister Ervin Hoxha announced that efforts are being made to secure ‘a suitable location.’ However, many institutions responsible for executing the prosecutor’s order, when contacted by Faktoje.al, either claimed ignorance or declined to comment.

The Turkish ship Moliva appeared near the port of Durrës on Monday morning. On board are 102 containers of waste initially shipped from Durrës in July, destined for Thailand. In August, the American non-governmental organization Basel Action Network (BAN) raised alarms, suggesting the shipments contained dust from Electric Arc Furnace (EAF) filters used to control pollution. This furnace dust, which requires specialized treatment, is classified as hazardous waste typically generated during the recycling of used steel and contains toxic metal oxides such as cadmium and chromium, which are harmful to health and the environment.

Following the alarm raised by BAN, Thailand refused to allow the unloading of the containers at its ports. The international shipping company MAERSK then announced it would return the shipment. The incident has triggered dual investigations—one by the European Anti-Fraud Office (OLAF) in Brussels and another by the Durrës Prosecutor’s Office.

The Seizure Directive

One day before the Moliva ship approached the port of Durrës, at least six institutions, including the Durrës Harbor Master’s Office, the Port Authority, Customs Office, the Local Border and Migration Directorate, the Durrës Police Directorate, and the Customs Investigation Directorate, received a formal notice from the Durrës Prosecutor’s Office. Attached to this communication was a decision ordering the seizure of the containers, which had been exported in July by the Albanian company Sokolaj.

The letter containing the serial numbers of the containers requested that ‘during the execution of the decision, the characteristics and numbers of the containers, as well as the security code and the condition of each container, be documented in detail, without opening the containers.’

The Prosecutor’s letter also stipulated that ‘measures be taken to ensure that the seized items are stored in a secure location, ensuring both environmental and physical security, through 24-hour camera surveillance.’

No date set for seizure action

For four days, the Moliva ship has remained anchored off the port, and no action has been taken to seize the containers in accordance with the Prosecutor’s order. The authorities’ inexplicable silence was only broken on Thursday, after the issue was repeatedly raised by opposition lawmakers Agron Shehaj, Enkelejd Alibeaj, and Flutura Açka. They cast doubt on the actions of the institutions, highlighting that the refusal to implement a prosecutor’s order constitutes a criminal offense.

As the Minister of State for Relations with the Parliament, Taulant Balla, former Minister of the Interior when the waste was removed from the port of Durrës, and the current Minister, Ervin Hoxha, denied allegations that the implementation of the Prosecutor’s Order was being neglected. Surprisingly, it was Mr. Balla who, before Mr. Hoxha, announced that ‘work is being done to prepare the area to avoid any issues with further leaks.’

The Minister of the Interior himself later clarified that ‘in cooperation with customs, the state police, and all law enforcement agencies, the appropriate infrastructure is being established for the legal placement of these containers in public spaces, which will be controlled and monitored by the police. There are over 102 containers that require proper infrastructure, and they are not cardboard boxes that can be hidden. These containers will be placed in an area that will be monitored by the police. The Prosecutor’s Order is fully executable, and we are taking coordinated measures to make this order enforceable.’

While the minister discussed an activity being coordinated with other institutions designated by the Prosecutor’s Office to carry out the seizure, some of these institutions, contacted by Faktoje.al, were either unaware or chose not to comment.

‘The Prosecutor’s Office at the Court of First Instance of General Jurisdiction Durrës has registered criminal proceeding no.1596/2024. For the information you are seeking, you should address this institution,’ responded the Durrës Customs.

Sources from the Durrës Police explained that ‘we are unable to take any action,’ while earlier, on Thursday morning, the media reported that the Port of Durrës had contacted the Prosecutor’s Office to inform them that there was no available suitable space ‘since waste are considered hazardous and require special security conditions,’ and that they could not ensure physical security with cameras 24 hours a day.

Jim Puckett, the representative of BAN, told Faktoje.al that he hopes the delay in seizing the containers is solely related to finding a place for their long-term placement. However, he also expressed concern, stating, ‘I am worried if this decision takes too many days. It is absolutely and legally essential that the containers be returned to Albanian soil as soon as possible and be kept secure, covered from rain and wind.’

 

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