By Nevila Gjata
On Tuesday, it was announced that GJKKO, at the request of SPAK, had imposed 24 security measures on UBT staff, who are suspected of abuse of office and tender manipulation.
In addition to the fact that the misuse of public funds and procurement procedures is becoming a recurring problem, now affecting public universities, today’s action also highlighted another issue, initially related to a potential clash between Prime Minister Edi Rama and SPAK regarding how corruption cases will be handled moving forward, as well as other phenomena such as the violation of university autonomy, political influence on investigations, and the precedent that could be set for how high-ranking officials, before reporting to justice institutions or respecting institutional ethics, ‘fall in line’ with the ruling party.
“Sy më sy” (Eye to Eye)
During an extensive speech in the “Sy më sy” (Eye to Eye) segment, Prime Minister Edi Rama once again emphasized that the fight against corruption and the establishment of SPAK were the result of the political will of the Socialist Party. He criticized those who attempt to portray the situation as a broad war against everyone and pointed out, not by accident, that SPAK is no longer under direct assistance from the United States, as they have changed their approach. He also recalled the opposition’s objective of dissolving SPAK, while he and his party remain the guarantors of support for the institution. According to him, SPAK still needs constructive criticism but will continue to function with the backing of the majority of the Albanian people through the Socialist Party.
Prime Minister Edi Rama speaking to journalists in front of the Prime Minister’s Office after a government meeting.
Rama
Before his statement on SPAK had even fully circulated, Rama announced on the platform X yet another SPAK operation, which he described as being conducted ‘without trial.’ He also revealed that the Socialist Party’s parliamentary group would be hearing from the rector of UBT, Fatbardh Sallaku, at his own request, regarding what he called a ‘major misunderstanding’ in this entire process, leading him to request a public hearing. However, not before the media through a press conference, nor before the justice institutions, or even in a meeting with the rectorate, but instead in a party meeting—specifically, the Socialist Party’s parliamentary group.
‘Tomorrow at 09:00, the Parliamentary Group of the ruling majority will hear, at his request, the Rector of the Agricultural University, Fatbardh Sallaku, regarding 24 security measures WITHOUT TRIAL imposed on the university’s staff and lecturers.’ – Edi Rama on X
(Left in the photo: UBT Rector, Fatbardh Sallaku)
Rama has notably downplayed the operation, pointing out that the 24 security measures concern an amount of less than 30 million Lekë and framing the situation as unfolding at a historical moment for UBT.
‘Tomorrow at 09:00, the Parliamentary Group of the ruling majority will hear, at his request, the Rector of the Agricultural University, Fatbardh Sallaku, regarding 24 security measures WITHOUT TRIAL imposed on the university’s staff and lecturers for procurement procedures from several years ago, involving a total sum of less than 30 million Lekë! The rector himself, who is not implicated in this investigation, describes it as a major misunderstanding and seeks a public hearing at a historic turning point for the Agricultural University, which is undergoing a transformation to achieve full diploma equivalency with BOKU University in Vienna as part of Albania 2030,’ Rama wrote.
However, contrary to the prime minister’s remarks, the Special Prosecution Office (SPAK) released an official statement in the afternoon outlining the operation, revealing that the investigation involves two vice-rectors, two lecturers, and administrative staff. According to SPAK, the violations occurred just three years ago, and at this stage of the investigation, ‘nine procurement procedures conducted in 2022 have been reviewed as part of this case, with a total procurement value of 90,000,000 (ninety million) Lekë.’
Investigation
SPAK reports that ‘during the investigation, legal violations by responsible academic figures at the Agricultural University of Tirana (UBT) were identified.’ Those implicated include R.K. and I.K., who serve as vice-rectors at UBT, as well as B.B., the head of the Department of Preclinical Modules. According to SPAK, at the time of project initiation and securing funds from the National Agency for Scientific Research and Innovation (AKKSHI), these individuals acted in coordination with E.T., the university’s administrator, who was the head of the contracting authority.
The illegal actions of the aforementioned individuals involved fabricating project data, with technical specifications prepared by the competing and ultimately winning economic operators in these procurement procedures. After securing the funds from AKKSHI, the unlawful actions of the contracting authority continued during the preparation and execution of the procurement procedures, including the actions of the commission responsible for calculating the estimated budget and defining the technical specifications or terms of reference. These actions were consistently coordinated with the illegal activities of the procurement unit and the bid evaluation commission. During the investigation, legal violations were discovered among members of the procurement unit and the bid evaluation commission, who created conditions that favored the awarding of the winning bidders in these procurement procedures: the economic operators ‘Krijon’ sh.p.k, ‘Zero Group’ sh.p.k, and ‘Malvina Visoka PF.’
SPAK also emphasized that ‘during the investigation, it was revealed that the preparation of the budget, technical specifications, and terms of reference, along with the drafting of the standard tender documents, were done by the responsible officials of the contracting authority in collaboration with the awarding economic operators.’
In all of these procurement procedures, SPAK reported that ‘the awarding economic operators provided falsified economic offers in the name of other commercial companies, which were used by the contracting authority and contributed to inflating the budget without conducting any market research.’
Undermining Institutional Independence
Meanwhile, political scientist Afrim Krasniqi referred to the Rector’s report to the parliamentary group as ‘absurd and a violation of constitutional and legal principles, both as an initiative, as a declaration, as a practice, and as a political and parliamentary act.’ He argued that this move undermines justice, the constitutional role of the Parliament, and the principle of separation and balance of powers. ‘Although it’s often said that such events inspire films worldwide, this is one of the rare cases where no scriptwriter or director would dare to make it. Naturally, no responsible politician, statesman, or legal expert would take such a step. From a legal perspective, this is an act against the delivery of justice, an obstruction of justice, and political pressure involving a conflict of interest’ he stated.
Krasniqi concluded that it is not possible for a political party to assume the role of the Court of Appeals, the High Court, or the Constitutional Court.
The ‘Xhafa’ Commission in the Assembly will be in the group meeting tomorrow, and if it remains silent/approves once again, accepting such populist and propagandistic acts worthy of the time of Koçi Xoxes,’ says Afrim Krasniqi.
‘A rector of an independent institution cannot give clarifications and accountability not at the university, not at the Conference of Rectors, not before the justice bodies, but at a political party meeting. There is no similar practice in any EU country or any democratic country in the world where a party gathers deputies to carry out investigations and judge a decision in the process of the justice bodies,’ Krasniqi says.
‘Mr. Rama and the Socialist Party cannot decide the prosecutor and the judge, their acts and the decisions of the Special Court for Corruption and Organized Crime, the evidence, and the criminal measures – offering a negative and destructive model for democracy, the rule of law, and their slogan for Albania in the EU by 2030,’ he continues. Krasniqi refers in this case to an old debate:
‘The ‘Xhafa’ Commission in the Assembly will be in the group meeting tomorrow, and if it remains silent/approves once again, accepting such populist and propagandistic acts worthy of the time of Koçi Xoxes, it will have to resign and accept what is already known, the electoral strategy to undermine VIP justice investigations and control through pressure on the new anti-corruption bodies, especially SPAK and GJKKO’.
