The presentation of the Special Anti-Corruption Structure’s (SPAK) annual report at the parliamentary sitting of 15 July 2024 began as a routine process but ended in a confrontation lasting more than 3 hours between chief prosecutor Altin Dumani and the opposition.

Through questions from 16 MPs, the opposition alleged political influence over SPAK’s work on cases involving Prime Minister Edi Rama, Tirana Mayor Erion Veliaj and opposition leader Sali Berisha.

Right-wing MPs alleged that prosecutors could not arrest senior officials and their associates because of control by the executive or, as they put it, the setting of a red line.

But for the head of SPAK, the facts show precisely the opposite.

“Thank goodness the day has come when you can arrest a former minister, a former prime minister, a judge, a prosecutor or an MP. It is thanks to SPAK’s professional investigations that we are where we are, and investigations are continuing. An investigation takes time; it is not that simple,” said Dumani. In his view, there is a major difference between accusations and professional investigations by law enforcement bodies.

“No one sets a red line for us, neither for me nor for any other prosecutor. The Constitution itself and the law guarantee this independence. There is only one red line: the evidence and the law,” Dumani declared.

Referring to the figures, Dumani said that 299 criminal proceedings had been registered during 2023 and that 212 people had been placed under investigation or arrested on suspicion of involvement in corruption offences.

SPAK’s annual report shows that 708 proceedings involving 575 people under investigation were registered over three years “in the fields of corruption and organised crime”. Of these, 447 cases involving 212 people under investigation were registered for the criminal offence of “corruption”.

But the criminal amnesty approved by Parliament on 3 April 2024 appears to have “saved” half of those arrested or investigated by SPAK prosecutors.

Despite Justice Minister Ulsi Manja’s assurance that “no official convicted by the Special Court will benefit”, the figures stated by Dumani show precisely the opposite.

“People who had been convicted by the Special Court benefited from this law. For example, 40 people benefited from exemption from punishment, 65 people benefited from a reduction in their sentences, and 12 people benefited in relation to criminal prosecution,” Dumani said, inviting Parliament to assess for itself how far this amnesty had affected, or would affect, the results of SPAK’s work.

“This power belongs to Parliament, and only Parliament can assess it,” the chief prosecutor said.

Opposition MPs asked the head of SPAK about specific cases, including investigations into healthcare concessions, the Tirana incinerator, microcredit schemes, the bribery of former FBI official McGonigal, the suspension of IPARD funding and, especially, the investigation into opposition leader Sali Berisha.

Dumani refused to answer, arguing that these cases “are under investigation”.

“I am the head of the Special Prosecution Office. I have come to report on the activities of the institution I lead during 2023. I cannot give answers about specific cases, especially those at the preliminary investigation stage,” Dumani insisted.

The demolition of the National Theatre, the transfer of properties on Rruga e Kavajës, electoral crimes and the leak of personal data in the political canvassers scandal were other issues on which opposition MPs questioned the head of SPAK.

Dumani gave assurances that SPAK was working on a strategy and action plan to coordinate human and logistical resources for these investigations, in cooperation with other institutions. The strategy was expected to be made public in January 2025.

The strong connections of criminal groups

While presenting the 2023 report, the head of SPAK also spoke about the structure and strong connections of Albanian criminal groups.

Citing assessments by investigators and international partners, Dumani described “Albanian criminal groups as among the most dangerous in international cocaine trafficking, where in some countries they occupy a dominant position”.

“Albanian organised crime is among the most sophisticated. Our investigations have shown strong links and direct contacts with the cartels in Latin America, where cocaine is produced. The preferred ports are not Albanian ports; they are those in Belgium, Germany, the Netherlands, Italy and now the Nordic ports, too. Albanian groups aim to traffic directly from Latin American countries to the European countries where consumption is highest,” the chief prosecutor declared.

Dumani described Albanian criminal groups as violent, capable of organising sophisticated killings and using coded forms of communication, willing to cooperate with other groups, and organised in structures averaging 15–25 members. The involvement of women and representatives of the justice system or police officers in these organisations is also characteristic.

The head of SPAK saw these characteristics not only as evidence of criminal groups’ growing power, but also as a concern for law enforcement.

On police officers’ involvement in criminal organisations, Dumani said that “69 officers are involved in crimes”. But in his view, these cases had not entirely damaged cooperation between institutions, since the police remained among the main bodies referring cases to SPAK for investigation.

Dumani also mentioned “computer fraud involving millions of euros against European citizens” as one of the activities receiving particular attention from SPAK. He said cooperation with other bodies had enabled €41 million in criminal assets to be frozen through seizure or confiscation measures during 2023.

SPAK was created as part of the constitutional changes of 2016 that launched the so-called “Justice Reform”. It officially began work on 19 December 2019, although it was not yet fully staffed.

Around five years later, Dumani identified several worrying problems for SPAK’s work: the lack of legal advisers; insufficient prosecutors; a declining tendency among institutions to report corruption to SPAK, with only 12 cases during 2023; the lack of jurisdiction to consider foreign authorities’ requests for the recognition and enforcement of foreign criminal judgments against Albanians in Albania; and the failure to extradite Albanian suspects located or detained in the United Arab Emirates.