The Special Court revealed the reasons why it refused to order SPAK to register a criminal complaint by Gazment Bardhi against Edi Rama, Taulant Balla, Igli Hasani and Albania's ambassadors and diplomats in the US, the United Nations, Germany and Italy.
In the complaint made as leader of the Democratic Party parliamentary group, Bardhi alleged that Prime Minister Rama, the political leader for the diaspora in the Socialist Party, Balla, the Foreign Minister, Hasani, and the Albanian diplomatic corps in several countries have violated the law by using public functions on behalf of the Socialist Party's political and electoral meetings in the diaspora.
In the complaint, Bardhi evidenced that the diplomats had violated the law by participating in SP party activities, and even being organizers in them, abusing their function and violating the equality of the parties in the elections.
After conducting only one investigative action, a correspondence with the Ministry of Foreign Affairs, SPAK has decided not to initiate criminal proceedings.
The SPAK decision was challenged in court by Democratic MP Bardhi, claiming that the investigation was incomplete, that none of the accused had been questioned, and that no video footage of the meetings had been administered.
In the court's decision, a copy of which was obtained by A2, Judge Irena Gjoka finds prosecutor Dritan Prençi's decision not to initiate a criminal investigation to be correct, as the law was not violated by either the three senior socialist officials or the accused diplomats.
The court reasons that the Ministry of Foreign Affairs confirmed in writing to the prosecution on November 14, 2024 that at least two SP meetings, in October-November of this year in New York, USA, and Thessaloniki, Greece, were also attended by diplomatic corps from our country. But according to the court, the Ministry informed that the Prime Minister's meetings were within the framework of the implementation of the Government Program 2021-25 and the National Strategy for the Diaspora 2021-2025, neither electoral nor partisan, and no symbols or logos of any party were used.
"As it results from the content of the above letter, the public meetings with the Albanian diaspora, with the participation of the Prime Minister of Albania, were not of an electoral or political nature and the diplomatic representatives participated in their functional role, not committing any action that contradicts their status as diplomats provided for in Law No. 23/2015 'on the Foreign Service of the Republic of Albania'", the court reasoned.
According to the court, the members of the Diplomatic Corps have not manifested any action that is inconsistent with their status as diplomats. Further, referring to a Guide of the ODIHR mission and the Venice Commission on the prevention of the misuse of administrative resources during electoral processes, the court assessed that the diplomatic and consular representatives in the USA and Greece have participated in the meetings of the Prime Minister in order to fulfill one of their functional duties, which is precisely related to the coordination of the activities of senior state officials and members of the government cabinet, in accordance with legal provisions.
In conclusion, the court reasons that there has been no indication that the persons reported by Bardhi have committed elements of a criminal offense related to the use of public office for political or electoral activity. (A2 Televizion)
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