VZCZCXRO2016
PP RUEHAG RUEHAST RUEHDA RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA RUEHLN
RUEHLZ RUEHNP RUEHPOD RUEHROV RUEHSK RUEHSR RUEHVK RUEHYG
DE RUEHTI #0870/01 3441546
ZNR UUUUU ZZH
P 091546Z DEC 08
FM AMEMBASSY TIRANA
TO RUEHC/SECSTATE WASHDC PRIORITY 7671
RUEHZL/EUROPEAN POLITICAL COLLECTIVE PRIORITY

UNCLAS SECTION 01 OF 02 TIRANA 000870 
 
SENSITIVE 
 
SIPDIS 
 
STATE FOR EUR/SCE 
 
E.O. 12958: N/A 
TAGS: PGOV ENRG EFIN PREL PHUM KJUS AL
SUBJECT: Embassy Tirana Weekly Report 
 
FM Using Procedural Tricks to Avoid Trial 
----------------------------------------- 
 
¶1.  (SBU) The legal defense team of Foreign Minister Basha (and 
former Minister of Transportation) appears determined this week to 
use any procedural trick possible to keep Basha from facing trial on 
crimes allegedly committed during the tendering process of the 
construction of the Durres-Kukes road project.  Basha stands accused 
of abusing the powers of his office while preparing the tender for 
the Durres-Kukes road, the biggest infrastructure project ever 
undertaken by the GOA - with a current cost so far that exceeds 800 
million USD.  Minister Basha faces charges on one count of abuse of 
office that could carry a maximum penalty to up to five years, and 
another on the violation of "equality treatment in a tender 
process", which carries a maximum penalty of up to three years. 
 
¶2.  (SBU) According to the case prosecutor, Basha has violated the 
principle of equality in public tenders during the selection of the 
Ecorus Group, the Dutch consultant company that oversaw the 
tendering process.  The second charges consist of an alleged 
violation of legal provisions during the negotiation of the contract 
with the Bechtel-Enka, which allegedly caused significant monetary 
damage to the state.  Basha has rejected these allegations and has 
made increasing efforts to cast the Prosecutor's office and the 
charges against him as politically motivated. 
 
¶3.  (SBU) The criminal case on the Durres-Kukes road has been going 
on since March 2007, when one senior former official at the 
Transportation Ministry accused the Minister and several other 
officials of breaking the law while preparing the tender for the 
project.  The investigation process dragged on as the case moved up 
to the General Prosecutor's office, which has jurisdiction over 
investigations of members of government. On November 6, 2008, the 
case prosecutor decided to extend the period of investigation for 
one more month, a prerogative of the prosecutor that can be 
challenged in Court.  Upon request from one of the defense lawyers, 
a judge at the Tirana District Court ruled that the prosecutor's 
decision to extend the investigation period on the Durres-Kukes road 
case was illegal and ordered the prosecutor to conclude the 
investigation.  It now appears that the real beneficiary of the 
court decision is Minister Basha, who is trying to make use of any 
such maneuvers to prevent prosecutors from pressing charges against 
him and sending the case to the Supreme Court.  Using the recent 
Court decision as an argument, Basha's defense has now said that 
since the prosecutor has violated the timetables of the 
investigation, he can no longer bring any charges on the case. 
 
¶4.  (SBU) In the meantime, ruling Democratic Party officials have 
increased pressure on the Prosecutor General, accusing her of having 
political motives.  Several other voices have also indirectly 
accused the President of the Republic (according to the 
constitution, the President appoints the PG, who then must be 
approved by Parliament) of encouraging these investigations as a 
means of punishing and eliminating his rivals within the DP. 
 
¶5.  (SBU) Given these defense efforts, the case prosecutor is now 
trying to bypass any further delays in the lower courts by sending 
the case straight to the Supreme Court. [According to the Albanian 
Constitution, all cases related to members of Government or 
Parliament are heard by the Supreme Court.]  While the outcome of 
these legal maneuvers is far from clear at this point, the 
protracted legal wrangling over the Basha case raises questions 
about the ability of the Albanian judicial system to effectively 
prosecute senior executive branch officials. The PG's determination 
to finally bring charges against a government member has also raised 
hopes that the prosecution in Albania has finally gained the 
confidence to stand up to the executive branch. 
 
Free Hugs Campaign 
------------------ 
 
¶6.  (U) Mayor of Tirana Edi Rama undoubtedly rekindled his 
popularity on December 1 with celebration of the White Night 
Festival, the fifth in a row.  Hundreds toured the Municipality and 
the Mayor's office with the best possible guide, flamboyant Mayor 
Edi Rama himself.  A Tirana Rock concert was held in the once 
exclusive politburo neighborhood and now hip area, the "Bllok." 
Other teenagers had the opportunity to dance with professional 
ballerinas in the main city boulevard, while other more senior 
audiences could relax to the sounds of a string quartet in the same 
square where dozens of unemployed line up every day of the year in 
hopes of finding a job. 
 
¶7.  (U) And Rama's team did not forget the most vulnerable and hard 
to please target groups.  The WWII veterans, who will make up a good 
percentage of the SP electorate during the upcoming 2009 
parliamentary elections, were able to relive their glorious times 
singing partisan songs around bonfires built by the Municipality. 
And the youngest, those who have yet to discover the marvels of 
 
TIRANA 00000870  002 OF 002 
 
 
Tirana by night, had their first night out with the excuse to read 
some stories and poems under the big city lights and the national 
Skanderbeg hero monument.  If you would have happened to cross Edi 
Rama's path that night, he would have approached you with 
outstretched arms.  But not to worry, you would have only received a 
bear hug - not because Rama was feeling particularly loving,  but 
because of the "Free Hugs" campaign.  It seems that most of 
Albania's celebrations today are a strange mixture of past glories 
and untailored traditions borrowed from elsewhere in the world. 
 
Quote of the Week 
----------------- 
 
¶8.  (U) "Both I and Berlusconi love eternity," excerpts from PM 
Berisha's remarks during the press conference with the Italian 
Premier Berlusconi.  Berisha was refereeing to his pledge to plant 
20 million new olive trees around the country. 
 
 
WITHERS