The Head of the Special Prosecution Office Altin Dumani is reporting to the Parliament on the work carried out by SPAK during 2024.
In the report, Dumani highlighted the problems encountered in the work of SPAK, emphasizing pressure from organized crime, politics, and the media, which, according to him, affects the effectiveness of investigations.
The head of SPAK added that the issues regarding the status of special prosecutors after the end of their mandate have not yet been addressed and the fact that 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.
Dumani then focused on the need to establish an analysis unit for complex investigations.
"Meanwhile, several other problems have also emerged, which together are presented as follows:
1. 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 that have the responsibility to protect the integrity of SPAK.
2. 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.
3. 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.
4. 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.
5. The completion of the establishment 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.
6. 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 made with international experts to adapt a model according to the requirements and functioning of SPAK.
7. The status of the Liaison Specialist in the Sector of International Cooperation and Joint Investigations, who 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, remains problematic. 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.
8. 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.
9. Lack of subject matter competence of 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 courts of general criminal jurisdiction, as argued in the annual report of SPAK, for the year 2023.
10. The issue of non-extradition of Albanian citizens located or arrested in the United Arab Emirates continues and remains problematic, as argued in the SPAK annual report for 2023," he said.
