Vetting show
In July 2012, the Lushnja Court would grant the Boçi family a 182 square meter property at the entrance to the village of Bubullimë in Lushnja by a final decision. The decision would not be contested by the person who had usurped the private property of Genci Gjoka by building a house without a permit. This would give force to the court's decision to be executed by the State Bailiff.
Information obtained by “Vetting” and interviews with Bukurie Boçi reveal that the former ALUIZNI and the former Lushnje Real Estate Registration Office have legalized the property in violation of the law for the person who had built without permission on this land. What makes the violation more serious is that there was a final court decision and ownership certificate from the Boçi family for the land, as well as an execution order for the Bailiff to return the property to the owners.
"I want to make a clarification about today's Cadastre. Within 3 months, Genci Gjoka received the ownership certificate, a document that people have not received for who knows how many years. There is corruption here and I say with all my heart that it is major corruption that Genci Gjoka has committed," Bukuri Boçi told "Vetting".
A former teacher who is now retired, Bukuria came together with her husband Dhimo Boçi to the "Vetting" editorial office to appeal to public institutions and justice to take back her property.
The Boçi family's troubles began earlier in 1997 during the riots when illegal construction began on their property by the person they had sued at the Prosecutor's Office.
"I have an inheritance in Bubullima (Lushnje). The Property Restitution and Compensation Agency gave it to us back then, we had 10 thousand square meters, of these 10 thousand they gave us only 7 thousand. But we will focus on the land they gave me with an area of 182.8 square meters.
We are the heirs of Gjen Boçi, my mother-in-law. My mother-in-law had this land from her father and grandfather, meaning it has been passed down through generations and is known as the Papallarëve inheritance. The Papallarëve are known as great heirs in Bubullimë, they have also donated part of the area. They have donated a part to the Church, which has done well and a school has been built in Bubullimë, also in our inheritance. I am asking for my share now, because I want to take the part that three citizens from Bubullimë have taken from me. Above all, I want to mention Genci Gjoka, who has taken our part”, said Bukuri Boçi.
The beauty shows that after they won the first trial, together with the other heirs, they decided to divide the property. Unfortunately, the person, Koli Papa, who had attended the trials as the heirs' representative, would pass away and the Bailiff could not execute the decision as a new trial had to be opened on behalf of Dhimo Boçi.
"We filed a lawsuit with judge Dritan Caka, who issued a final decision based on the inheritance we had and the certificate we had received for the Bubullima land as all the heirs and us in the name of all the heirs," Bukuria declared.
But the problems would come from the Lushnje State Bailiff, as for many years it would not execute the decision, passing the responsibility to the Lushnje Territory Protection Inspectorate and the National Territory Protection Inspectorate. This is because these institutions had to support the Bailiff with heavy equipment, together with the State Police, to destroy the house, which was located on the land of the owners Dhimo and Bukuri Boçi.
In the decision issued on July 11, 2012, the Lushnja Court ordered the defendant Genci Gjoka to return this property to the heirs of this plot of land, by removing at his own expense the construction and fencing that he has carried out on this plot of land. Therefore, the Court's decision clearly states that it is the defendant who must return the property to its original condition, by carrying out the destruction of the apartment himself.
Genci Gjoka would not appeal the decision to the Vlora Court of Appeal. But a few months later, Gjoka would appeal to the High Court, under the pretext that he had not been there when the trial took place, but the Court rejected him after the notification had been made in the then municipality of Bubullimë.
According to lawyer Alban Duraj, if the debtor does not voluntarily release the property, then the bailiff intervenes.
"In this specific case, with the information we have, we are dealing with non-execution of the court's decision and the involvement of institutions in actions contrary to the law," lawyer Duraj told "Vetting".
Although in 2012 the court's decision was final, ordering the demolition of the building and the vacating of the land, this order collided with the institutional wall that seemed to have been custom-built.
"We received the property certificate in 2011, in 2012 we received the final decision, and Genci Gjoka did all of this after the final decision, at the time when we had filed for the execution act, when we filed the execution act, when we filed a court order for the demolition of the building.
"Genci Gjoka opened trial after trial to deceive, to get permission, he tried to torture us with lies, they even took us through the Bailiff", says Bukuri Boçi.
From official documents, the Lushnje Bailiff claims that it was not possible to execute the decision because they did not have the means. From the documents of the Prosecution Office, it results that the Lushnje Territory Protection Inspectorate did not have machinery available for the demolition of this building, while the court decision clearly states that the person who has usurped the property and built illegally must demolish the building and the fence himself at his own expense.
According to lawyer Duraj, the entire action is led by the Bailiff, but there are cases when there are no funds and in this case the municipality's IMT must turn to the National Inspectorate of Territorial Protection.
"The Bailiff is supported by IMT Lushnje with resources together with the law enforcement agencies. Law enforcement agencies are also needed because there may be objections and the execution of the decision may become more difficult since there are families involved," said lawyer Duraj.
Given the circumstances, Dhimo and Bukuri Boçi filed a request with the Lushnja Court for the execution of the court decision to seize the property. In September 2012, the Lushnja Court issued an execution order with decision no. 718, which charged the Bailiff with releasing the land for the legal owner Dhimo Boçi from the illegal construction of the debtor Genci Gjoka. At that time, the Lushnja Bailiff Office registered this request in November of that same year and after the failure to release the land voluntarily, it ordered the mandatory execution. But the problems with the Boçi family would begin with the delays in the execution.
"I saw the delay from 2012 to 2013, when it started when I found the first means and so that things wouldn't drag on, I found the means myself from a private person and I always told Bailiff Luiza Gjergjova," says Bukuri Boçi.
The execution of Lushnja would sink into a ten-year spiral of absurd postponements and the reason was always the same: the Lushnja Municipality did not have the means. When the Boçi family found private means, the state was again not there. The workers were leaving under the threat of weapons and violence, while the state police, represented on the ground by OPGJ Vasillaq Ziu, seemed to have other priorities.
The first documented presence of the Bailiff on the ground, in the village of Bubullimë, was in early January 2013. On this date, a record of the enforcement actions was kept, in which the Boçi family and the debtor Genci Gjoka, law enforcement and local representatives participated, but the intervention was not carried out after the parties initially agreed on an amicable solution. Another attempt on the ground was carried out in October 2013, but the action was postponed due to bad weather conditions.
"I would come and tell them, I found the vehicle, I would tell Luiza Gergjova, let's go to Bubullima. A date would be set to carry out the execution, and this was the first violation. We were coming there to demolish a two-story building with two police officers, I am addressing you, Mr. Journalist, can a two-story building be demolished with just two police officers and a guard?", Bukuria expresses indignantly, as it was difficult to take her property without support.
According to lawyer Alban Duraj, in these cases, high institutional support is needed.
"Police forces must be increased so that the bailiff is not harmed, but of course the forces of IMT Lushnje must be ready under the orders of the Bailiff," said lawyer Duraj.
During 2014, the Bailiff was in Bubullima in several key cases, but the execution was postponed after the Boçi family had not provided the means to demolish the building. On April 24, 2014, the bailiffs were again in Bubullima, but the work was interrupted after the workers abandoned their duties under pressure from people in the village.
The most tense intervention on the ground occurred on June 19, 2014. On this date, the Bailiff was present along with a fire truck and police forces. The minutes note that the work began around 10:00, but was interrupted after the resistance of Genci Gjoka and his family members, who were then escorted to the police station according to the document from the Prosecutor's Office.
"In the end, at our insistence, 13 police officers came. Why didn't these police officers come from the beginning? These police officers were prevented by Vasillaq Ziu, who was the Judicial Police officer for the village of Bubullima and it was not convenient for him to destroy the house of his friend, his brother-in-law, and he confirmed this to us with his own words. I am quoting Vasillaq Ziu's words, "Make a deal with Genci Gjoka, because I have a goddamn brother-in-law," sorry for saying that, but that's what he said.
We started investigating ourselves and secretly saw that Vasillaq Ziu met Genci Gjoka behind a police building in Lushnje.
"That's when we started arguing with Vasillaq Ziu. June 19, 2014 was the darkest day for us because we were raped along with the fadromist," Bukuria says in shock.
In this case, Dhimo and Bukurie Boçi recount in detail how they were raped in the presence of the Police. Mrs. Boçi even accuses police officer Vasillaq Ziu of the failure of the Bailiff's work, as she was forced to reimburse the bailiff for the damages suffered.
"We were beaten and the police took us in their van because our van had been driven away by the villagers of Bubullima. Genci Gjoka with the baxhanak, with his brother-in-law, who were present there, drove us away, the workers we paid, they drove away the car we were going to Bubullima," said Bukuria.
According to lawyer Duraj, Bailiffs must be supported by public institutions, as only in this way can they be effective in carrying out their actions.
"This is always done in a coordinated manner and the bailiff should not be left alone. There are many cases where the bailiff is left alone and we have many sanctions from the European Union for non-execution of court decisions regarding property," said lawyer Duraj.
