VZCZCXRO0853
RR RUEHAG RUEHAST RUEHDA RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA RUEHLN
RUEHLZ RUEHPOD RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHTI #0090/01 0371528
ZNR UUUUU ZZH
R 061528Z FEB 08
FM AMEMBASSY TIRANA
TO RUEHC/SECSTATE WASHDC 6640
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEAWJA/DEPT OF JUSTICE WASHDC

UNCLAS SECTION 01 OF 02 TIRANA 000090 
 
SIPDIS 
 
SENSITIVE 
 
SIPDIS 
 
DEPT FOR EUR/SCE 
DEPT OF JUSTICE FOR OPDAT 
 
E.O. 12958:N/A 
TAGS: PGOV KCRM AL
SUBJECT:  ALBANIA:  RESHUFFLE IN PROSECUTOR'S OFFICE COMES UNDER 
FIRE 
 
REF:  A) 07 TIRANA 1083  B) 07 TIRANA 1069  C) 07 TIRANA 1003 
 
¶1.  (SBU)  SUMMARY:  Prosecutor General (PG) Ina Rama carried out 
the first major reshuffling of her office since her appointment in 
November 2007.  Fourteen prosecutors currently serving in the 
Prosecutor General's Office were removed and leadership of several 
District Prosecution Offices changed.  Transferred prosecutors were 
appointed to the Appeals Prosecution Offices, the Serious Crimes 
Prosecution Office, and various other district prosecution offices 
in the country.  Although PG Rama affirmed that the removals were 
apolitical and meant to re-structure and streamline the operation of 
the PG Office, opposition politicians have called the reshuffle 
political manipulation and a violation of law.  Other observers have 
acknowledged the PG's Office was overstaffed and in need of reform. 
END SUMMARY. 
 
¶2.  (U)  On January 21, President Topi pronounced the transfer of 14 
of the 33 prosecutors currently serving in the PG's central offices 
and approved changes in the leadership of several district 
prosecution offices in Albania.  (Note:  The Prosecutor General 
proposes prosecutorial staffing changes, which must be approved by 
the President.)  Rama justified the changes, stating that a 
reduction in HQ staff and an increase in prosecutors in the field 
were needed.  Head prosecutors in Tirana, Durres, Fier and Elbasan 
were also replaced as part of the changes.  According to sources in 
the Prosecutor's office, additional changes are planned for district 
prosecution offices in the future. 
 
¶3.  (SBU)  Of the 14 prosecutors transferred, seven were appointed 
to various Appeals Prosecution Offices.  Two others moved to the 
Serious Crimes Prosecution Office, an elite body that investigates 
organized crime and trafficking cases and which the Embassy holds in 
high esteem.  Former close associate of dismissed Prosecutor Sollaku 
(Ref C) and head of the Extraditions Unit (Foreign Relations), 
Ardian Visha, was transferred to the Appeals Prosecution Office in 
Gjirokastra.  Rama also transferred prosecutor Xhevat Hana, 
previously one of the three prosecutors handling the Rreshen 
Kalimash road project investigation affecting Foreign Minister Basha 
(Ref A), to the Serious Crimes Prosecution Office.  Hana's transfer 
sparked sharp controversy with the opposition, who accused Rama of 
intentionally disrupting the investigation of this highly 
contentious case.  In a subsequent news release, PG Rama assured 
that Hana will continue to participate in the investigation of the 
case despite the transfer. 
 
¶4.  (U)  Opposition officials sharply criticized the staffing 
changes.  Socialist Party (SP) officials considered the reshuffling 
a purge, charging that it violated the law and lacked transparency. 
The Socialist Movement for Integration (LSI) worried that the large 
number of transfers could disrupt the work of the PG's Office. 
Opposition officials considered the changes counter to the spirit of 
cooperation established between the parties over judicial reform. 
However, in spite of sharp reactions, SP Chairman Edi Rama and LSI 
leader Meta remained quiet and work has continued in Parliament on 
judicial reform.  Majority party officials supported the 
reshuffling, calling the changes a step toward reform in the 
Prosecutor General's office. 
 
¶5.  (U)  Some in the legal community expressed concern that proper 
legal arguments had not explained each transfer.  According to these 
sources, the changes suggest Rama is not giving proper attention to 
establishing a career and promotion system that would regulate 
personnel changes in the future.  (COMMENT:  Rama told Ambassador 
that such a system was a high priority for her (Ref B).  She will 
explore various U.S. systems during her upcoming IVLP.  END 
COMMENT.) 
 
¶6.  (SBU)  Some observers are particularly concerned with the 
appointment of Arian Ndoja as head of the Prosecution office in 
Durres.  Ndoja was dismissed by former PG Sollaku over alleged legal 
violations committed during the course of numerous investigations. 
(He has not been charged or further investigated, and his dismissal 
was ruled unlawful by the Supreme Court.)  Rama proposed to rehire 
Ndoja, reportedly a former classmate of hers, rather than other 
candidates recommended by the Prosecutor's Council, an advisory body 
to the PG that considers hiring and promotion of prosecutors.  One 
of the recommended candidates was Sokol Nishani, the brother of the 
current Minister of Interior, whom, contrary to expectations, Rama 
did not appoint. 
 
¶7.  (SBU)  Separately, a well-respected legal contact said it was 
normal for the new PG to make changes in her senior management team. 
 He added that it was also to be expected that President Topi would 
support Rama in her early efforts as she had only just come into her 
post and deserved his backing for the moment.  He praised Rama's 
selection for the Tirana District Prosecution office, saying the 
 
TIRANA 00000090  002 OF 002 
 
 
individual (a personal acquaintance) had a strong professional 
record and integrity.  According to our source, the new Tirana 
prosecutor could not be considered an acolyte of Berisha's 
Democratic Party. 
 
¶8.  (SBU)  COMMENT:  The announced personnel changes at the PG 
central office come at a time of high expectations for the new PG. 
Many in legal circles acknowledge that the Office was overstaffed 
and a shelter for patronage appointees.  The Law on the Prosecutor 
General and a recent Constitutional Court decision regarding 
transfers provides the PG with sweeping powers, diminishing 
arguments that Rama violated legal provisions and carried out 
illegal demotions.  Only the transfer of Sollaku confidant Visha to 
the Appeals office in Gjirokaster smacks of a demotion.  The 
Prosecutor's Office -- like almost all independent and civil service 
institutions in Albania -- has a crying need for a strong and 
rigorously implemented career and promotion system.  In announcing 
such major personnel changes, Rama might have been wise to also 
present her vision for systematic change for her Office.  For the 
time being, evidence of a political bent to the transfers is 
lacking. 
WITHERS