VZCZCXRO5536
RR RUEHAG RUEHAST RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA
RUEHLN RUEHLZ RUEHNP RUEHPOD RUEHROV RUEHSK RUEHSR RUEHVK RUEHYG
DE RUEHTI #0295/01 1351401
ZNR UUUUU ZZH
R 151401Z MAY 09
FM AMEMBASSY TIRANA
TO RUEHC/SECSTATE WASHDC 8114
RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEHZG/NATO EU COLLECTIVE
RUEKJCS/SECDEF WASHINGTON DC
RUEKJCS/JOINT STAFF WASHINGTON DC

UNCLAS SECTION 01 OF 02 TIRANA 000295 
 
SIPDIS 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: KCOR KJUS PREL PGOV MASS AL
SUBJECT: GERDEC LEAKS CAUSE POLITICAL CIRCUS 
 
¶1. (SBU) Summary. On May 11, the Supreme Court finally began hearing 
the Gerdec case against 27 defendants including former Defense 
Minister Fatmir Mediu and former Chief of Defense General Luan 
Hoxha.  The court turned down the prosecution's request to remove 
three judges due to conflict of interest, damaging the public's 
belief that the case will receive a fair hearing.  On the same day, 
many national newspapers claimed to have received copies of the 
prosecution's case and began publishing testimonies and evidence 
each day.  Newspapers have largely tried to use their daily leaks to 
prove the involvement of Berisha's son Shkelzen.  On Thursday, May 
14, unknown persons (but suspected to be government proxies) 
allegedly bought and removed all copies of Gazeta Shqiptare from the 
market, supposedly because it contained evidence directly 
incriminating Shkelzen.  However, the company quickly reprinted and 
redistributed new copies by noon.  In a show of support, the Italian 
Ambassador paid a personal visit to the newspaper's offices.  The 
government has not responded to the incident.  For its part, the 
Prosecutor General has opened up an investigation into the leaks, 
which could seriously damage its Supreme Court case or add weight to 
charges by pro-GOA circles that the PG is somehow pro-opposition. 
End Summary. 
 
GERDEC CASE OPENS WITH A PG DEFEAT 
---------------------------------- 
 
¶2.  (SBU) On the court case's first day, the prosecution requested 
that three judges be recused, including the chief judge, Besnik 
Imeraj.  They accused Imeraj of having close ties to the defendants, 
of being close friends with one of the lawyers of the accused former 
DefMin Fatmir Mediu, and that his daughter has been a lawyer for 
accused Albdemil director Mihal Delijorgji.  The other two judges 
were criticized for similar ties.  However, the court refused the 
prosecution's request.  Several editorials criticized the court's 
decision, pointing to the damage the decision has done to the 
public's belief that the Gerdec case will get a fair hearing.  They 
noted several similar recent high profile defeats prosecutors have 
received from the Supreme Court, including throwing out the cases 
against Foreign Minister Basha and against Serbo-Croatian 
businessman Demir Fazlic. 
 
LEAKS AIMED AT BERISHA'S SON 
---------------------------- 
 
¶3. (SBU) On the same day the trial opened, several newspapers 
claimed to have received the entire case against the defendants and 
began printing various testimonies and evidences from the case. 
Most leaks have focused on the involvement of Berisha's son 
Shkelzen.  For example, leaks of telephone records reveal that only 
a few hours after the March 15, 2008 explosion at Gerdec, 
then-Defense Minister Mediu called Berisha's son four times. 
Further, Mihal Delijorgji, owner of Albademil (the company running 
Gerdec) called Shkelzen only 30 minutes after the explosion. 
Newspapers also noted that from January until the explosion, 
Delijorgji called Shkelzen 56 times.  Additionally, seized notes 
from MoD secretaries reveal that throughout 2007 and 2008 
then-DefMin Mediu had frequent meetings with Shkelzen.  In one, 
Shkelzen allegedly urged Mediu to increase the tempo of the 
provision of munitions to Gerdec. 
 
¶4. (SBU) In one testimony, the secretary of then-Minister of Justice 
Aldo Bumci noted at least two meetings between Bumci and Shkelzen in 
¶2007.  And when questioned about a letter from Bumci to Mediu giving 
Bumci's approval for the draft-law on demilitarization that would 
open the way for Gerdec, she confirmed that Bumci had written on its 
cover "For Shkelzen Berisha."  After this revelation, Bumci, still a 
prominent parliamentarian (and frequent Democratic Party attack 
dog), accused his former secretary of slander and sued her. 
Frightened, the secretary publicly claimed the testimony had been 
doctored. 
 
THE GOVERNMENT STRIKES BACK 
--------------------------- 
 
¶5. (SBU) Apparently, most troubling to Berisha's government were 
revelations about the involvement of Shkelzen's close friend Rahman 
Selmanllari.  In the early hours of Thursday morning, May 14, 
unnamed individuals allegedly went to the publishing house of Gazeta 
Shqiptare and bought every copy of the day's paper, which contained 
revelations on Selmanllari.  By open of business, no copies of 
Gazeta Shqiptare could be found on the market.  The editors quickly 
blamed the government and printed new copies of the paper which it 
distributed by noon.  In a show of support, that afternoon Italian 
Ambassador Saba d'Elia paid a visit to the newspaper's office. 
 
¶6. (SBU) Berisha's followers' response to the incident has been 
incoherent at best.  While the government has responded to all 
inquiries simply with "no comment," newspapers report that at first, 
PD spokeswomen Mehilli claimed that opposition leader Edi Rama 
blocked the paper, then later that the paper's own editors pulled 
 
TIRANA 00000295  002 OF 002 
 
 
the copies in order to draw attention to themselves. 
 
¶7.  (SBU) The evidence in question involves false testimony by 
Shkelzen's close friend Rahman Selmanllari.  In Selmanllari's 
testimony, he confirms he has been Shkelzen's close friend for over 
ten years, but denies any involvement in or even knowledge of the 
Gerdec scandal.  However, accompanying evidence proves otherwise. 
In the testimony of Patrick Henry, owner of SAC (the American 
company who subcontracted with Albdemil to run Gerdec), while he 
admits he never met Selmanllari, he claims that MEICO director Ylli 
Pinari (now on trial for Gerdec) persuaded Henry to appoint 
Selmanllari as his representative in Albania.  Seized MoD documents 
also record Selmanllari as SAC's representative.  In one case, 
Sellmanlari signed for the receipt of two cases of munitions for 
test rounds at Gerdec. 
 
PROSECUTORS TROUBLED - INVESTIGATE LEAK 
--------------------------------------- 
 
¶8. (SBU) For its part, the Prosecutor General has been troubled by 
the leak of its entire case, an action which could destroy the court 
procedure.  On March 14, it announced that it has opened an 
investigation into the leak.  A spokesperson stated, "The accused 
and their lawyers have been presented all the documents and evidence 
in the penal procedure and have received copies. This transfer has 
been documented legally and with the warning that it not be 
published. Giving this material to the media... not only damages the 
conducting of an orderly court procedure in judging this affair, but 
the documents also contain secrets whose revelation constitutes a 
penal violation." 
 
COMMENT 
------- 
 
¶9. (SBU) It is not uncommon in Albania for trial cases to be leaked 
to the media.  Nor is it surprising in this case, where 27 
defendants have received their own copies of the cases and may have 
27 different reasons to leak pieces or all of the evidence.  In 
spite of the PG's warning, there is no evidence that the media will 
suspend their gradual revelation of the thousands of pages of 
evidence they have received.  If the leak came from within the PG, 
it would show a surprising level of irresponsibility.  If it came 
from someone trying to sabotage the court case, the plan has 
backfired, as the media has used it to smear Berisha and his family. 
 Whatever the case, the Gerdec trial and the political circus 
developing around it are sure to continue to play a prominent role 
in the approaching election.