VZCZCXRO3307
PP RUEHAG RUEHAST RUEHBW RUEHDA RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA
RUEHLN RUEHLZ RUEHPOD RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHTI #0378/01 1341803
ZNR UUUUU ZZH
P 131803Z MAY 08
FM AMEMBASSY TIRANA
TO RUEHC/SECSTATE WASHDC PRIORITY 7086
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEAWJA/DEPT OF JUSTICE WASHDC

UNCLAS SECTION 01 OF 02 TIRANA 000378 
 
SIPDIS 
SENSITIVE 
 
DEPT FOR EUR/SCE 
DEPT OF JUSTICE FOR OPDAT, ICITAP 
 
E.O. 12958:N/A 
TAGS: KCRM PINR PGOV AL
SUBJECT:  ALBANIA:  FORMER INTELLIGENCE SERVICE DIRECTOR, NOW 
DIRECTOR OF TAX ADMINISTRATION, UNDER HOUSE ARREST 
 
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Summary 
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¶1.  (SBU) Prime Minister Berisha has refused to dismiss a senior 
government official facing criminal investigation.  The General 
Director of Tax Administration, Arben Sefgjini, was formally charged 
by the Prosecutor's office for kidnapping and torture with grave 
consequences during his previous service as the Tirana Director of 
the repressive SHIK, the Albanian National Intelligence Service of 
the mid-1990s.  Sefgjini is under house arrest.  At a time when 
domestic and international focus is on the Albanian legal system in 
the wake of Gerdec, this case stands in contrast to PM Berisha's 
proclaimed fight again corruption and crime.  End Summary. 
 
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Prosecution for Kidnapping and Torture 
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¶2.  (U) In April, the Serious Crimes Prosecution Office brought 
charges against Sefgjini and three other persons related to the 1995 
disappearance of a Macedonian citizen of Albanian ethnicity.  During 
the time of the disappearance, Sefgjini was the Tirana Branch 
Director for the Albanian National Intelligence Service (SHIK, the 
precursor to today's SHISH).  The Serious Crimes Prosecution Office 
also obtained approval to place Sefgjini under house arrest to avoid 
potential escape.  Sefgjini served pre-trial confinement in a 
previous case involving the same events in 2003, but he was never 
convicted. 
 
¶3.  (U) Opposition political parties and the media were quick to 
point out that, according to the law on civil service, the Tax 
Director should be immediately suspended from his duties until the 
legal process is completed.  There was initially no reaction from 
the government and the prosecution was unable to locate Sefgjini. 
After political pressure mounted, Sefgjini was found and placed 
under house arrest.  Sefgjini then challenged the house arrest in 
Tirana's Serious Crimes Court.  The Court not only maintained the 
house arrest order, but the prosecutor added an additional charge 
for the torture of an additional person. 
 
¶4.  (U) When asked by the media why he had not and was not 
dismissing Sefgjini as Tax Director, Prime Minister Berisha said 
that Sefgjini had already been to prison and received full 
compensation from the court after the 2003 case was dropped. 
Berisha said he would take no action against Sefgjini, and added 
that the "courts have too much power in Albania and must be 
reformed."  Opposition Socialist Party (SP) Chairman Edi Rama 
immediately declared that by this statement, Berisha was seeking to 
predetermine the results of the judicial process.  Rama said, 
"Berisha continues to be the shield of this character (Sefgjini). 
He is the only person in the world who continues to hold a senior 
state function while under arrest."  Opposition Movement for 
Socialist Integration (LSI) Chairman Meta commented, "Berisha 
threatens and challenges the courts of the country by not dismissing 
a trusted director of his, charged with the crime of murder." 
 
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Sefgjini Background 
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¶5.  (U) Arben Sefgjini was appointed Director General of Tax 
Administration in March 2008, the first time his name re-emerged 
since he was placed in prison in 2003.  At that time, he served a 
one-year detention while Albanian prosecutors were investigating the 
1995 kidnapping, torture, and disappearance of an ethnic Albanian 
Macedonian businessman named Remzi Hoxha and two Albanian citizens, 
Ziso Kristopulli and AdlLsa. oxa wasasemi-public figure 
and atv nthemovement fr the liberation of Kosovo. AtrHoxha disappaed in 1995, his family stae hat he died atthe 
hand of his kidnappers.  Te two other indiiduls who disappeared 
with Hoha, Kristopulli nd oshaj, are still alive and ar expected 
to tetify in the Hoxha case. 
 
¶6.  (U In 1995, Sefgjini was observed with SHIK officersIlir 
Kumbaro, Avni Koldashi and Budjon Mece, abdcting Hoxha with a SHIK 
vehicle.  Currently, Kumaro's whereabouts are unknown, Koldashi is 
also nder house arrest, and Mece is in the hospital.  Depite the 
wide publicity to this case brought by oxha's family, Sefgjini, 
Mece, Koldashi and Kumbro were released in 2004 when lawyers 
realized al of the men were covered by the 1997 amnesty law ssued 
by then-President Berisha.  After being relased, Sefgjini worked as 
a private lawyer.  Litte is known about his activities until he was 
appinted as Director of h Bailiff's Office in 2007. 
 
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Comet 
 
TIRANA 00000378  002 OF 002 
 
 
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¶7.  (SBU) Prior to its reform and restructuring as today's SHISH, 
the SHIK was a repressive instrument used by the government to 
suppress dissent.  Sefgjini was a senior director of this group and 
as Tirana Director one of its most powerful.  His current 
appointment to a senior position in the government attracted 
attention and criticism from the opposition.  The Prime Minister's 
refusal now to suspend Sefgjini pending resolution of these 
long-standing charges, as required by Albania's civil service law, 
is a decision of questionable political merit in the current climate 
of attention to Albanian rule of law and the battle against 
corruption.  The outcome of this case, and of the ongoing 
parliamentary debate over the removal of immunity for former 
Minister of Defense Fatmir Mediu, are key tests of the government's 
willingness to apply the rule of law impartially, including to 
favored politicians and those close to the political elite.  The 
work of the Serious Crimes Prosecution Office to secure Sefgjini's 
arrest in this lingering case is a positive step by another of 
Albania's fledgling independent institutions. 
 
WITHERS