European union – albania stabilisation and association committee 11 March 2015 table of contents political criteria 3
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KP 3: Fight against corruptionThe National Coordinator against Corruption (NCAC) has continued its work in leading and coordinating the Key Priority 3, the fight against corruption. His role has been key not only in managing and streamlining information coming from different stakeholders but also in terms of assisting relevant institutions in fulfilling the obligations stemming from the roadmap. An action of crucial importance is the facilitating role the NCAC has been undertaking in ensuring the access of the prosecution to different available databases in order to improve and step up investigation of corruption cases. Currently, the process is still ongoing and NCAC is willing to similarly assist the General Directorate on Prevention of Money Laundering in attaining the required access to databases. During 2014, the process of drafting the National Strategy on Anti Corruption 2014-2020 and the Action Plan 2015-2017 has been completed. The National Strategy has a three-pronged approach: prevention, repression and education (awareness rising). The process of drafting the main anti-corruption policy documents was accompanied by a series of consultative meetings with relevant institutions and interested actors, including the NGOs and business community. The inclusiveness of all stakeholders, the independent institutions and the local level, was crucial to ensure the multi-dimensional response to this cross-cutting phenomenon. The Action Plan is a living document that will be updated every end of the year following to the monitoring of its implementation. The Secretariat of NCAC will monitor the implementation of the Action Plan on quarterly basis and at the end of each year will publish the annual report. The National Consultative Forum on Anti-corruption will be established following the approval of the Strategy and the Action Plan to ensure a broad participation and decision taking on anti-corruption policies. Both the Strategy and the Action Plan on Anti-corruption are expected to be approved by the Council of Ministers in March 2015. On 10 December 2014, the National Forum on Anti-corruption took place in Tirana. The forum served as a platform of public accountability, so that the ministers could make public their reports on the undertaken actions to fulfill the commitments declared in the previous Anti-corruption Conference that was organized on 13 November 2013. In May 2014, NCAC and the Ministry of Justice, with the assistance of the Dutch government began drafting the Whistleblowers Protection Act. This act will serve to increase transparency of public and private institutions by creating a better environment for employees to step up and denounce corruption cases. The first draft law was discussed on 9 June 2014, in a roundtable where representatives of the central and independent institutions as well as international actors attended. After the collected feedback, the improved version of the draft law defines the scope of the law on corruption related offences, delineates the competences of the internal mechanisms, and pinpoints which body should serve as the external reporting mechanisms and how the protection of whistleblowers should be ensured. In addition, the draft legislation foresees that it will be applied both in the public and private sector. Following to the roundtable with interested actors in end of February 2015, the draft law will be further improved and will reflect not only suggestions coming from the best international examples and Albanian counterparts but will also aligned with the Albanian legal and institutional framework. The draft law is expected to be adopted in Parliament in June 2015. Regarding the Harmonized Statistics on Corruption and Organized Crime Cases led by the Ministry of Justice and recommendations and findings from relevant reports on this issue, the National Coordinator on Anti-corruption, with assistance by UNDP, is developing a web based system that will ensure collection, processing, and analysis in real time on corruption cases against public officials brought to prosecution and relevant administrative measures taken. The system will generate analysis on trends of corruption cases among sectors and cases being tried. The system will be fully deployed in June 2015. Following to that, training of relevant officials that will use the system is planned to be carried out from May-June 2015. This web-based system beside providing a full picture of relevant corruption cases, initiated, prosecuted and tried, will also greatly enhance the data-driven policy decisions on anti-corruption efforts based on the statistics generated by the system itself. In April 2014, the Government set up the Working Group on Improving the Public Procurement System in Albania. The Working Group was comprised of line ministries and procurement agencies’ representatives (Public Procurement Commission and Agency) and was supervised by the National Coordinator against Corruption. The Working Group has conducted an assessment of the public procurement processes from the perspective of bidding companies, as well as from the monitoring perspective of supervisory bodies, such as Public Procurement Agency and Commission. Following the assessment, the working group proposed a number of amendments to be introduced into the public procurement law in order to avoid the existing bottlenecks and shortcomings in public procurement system thus increasing transparency and ensuring fairness and inclusiveness in the bidding processes. These amendments were adopted on 24 December 2014. On 2 February 2015, the Government started a nationwide campaign to address the issue of corruption. One of the components of the campaign is the launching of the unique portal to denounce corruption cases, a novelty that brings all the portals to denounce corruption in the institutions of the executive to one, www.stopkorrupsionit.al. The novelty with the unique portal is that cases are diligently followed by the responsible officials in the institutions within the timeframe of 30 working days and feedback is provided to the citizens on the status of the case. Citizens can remain anonymous while declaring cases of corruption. Furthermore, the whole process is monitored by an operation room which guarantees that all cases are followed and investigated within the set timeframe and with professionalism. On monthly basis, statistics of the cases denounced, closed, investigated and resolved through the unique portal will be made public. The launching of the unique portal will be accompanied by an awareness campaign with the slogan “Show the real face of corruption – Denounce the invisible so visible”! Alongside with this initiative, on March 2015, an SMS feedback mechanism was introduced in the hospitals and immovable property registration offices around Albania. This activity will serve at collecting citizens’ satisfaction about the services provided by the public institutions and if there are cases of bribery being requested by public officials. A European Commission Project on Anti-corruption Assessment Framework in Albania (ACFA) has been taking place from April 2014 to January 2015, providing insightful analysis on the current set up of Albanian institutions working in the anti-corruption area. Recommendations stemming from the ACFA project will provide a very good basis for the Albanian institutions in delineating concrete anti-corruption measures that will be included in the Anti-corruption Action Plan as well as in terms of providing guidance to other ongoing institutional reforms. The inter institutional working group (IWG) with representatives from the MJ, MD and the General Prosecutor’s Office has continued the work to collect, to process and to report the statistical data on the criminal acts of corruption and organized crime every 3 months according to the data transmitted by the police, the prosecutor’s office and the court. In January 2015, the data on the fourth 3-month period of the year 2014 along with the integrated harmonized data for the entire year 2014 were transmitted to the Ministry of Integration. In February 2015, after a consultation even with the European experts it was decided that the inter institutional working group shall review the standard reporting forms of the concrete cases progress during their follow-up phases, their investigation and judgment. Analysis of the Criminal Procedure Code which intends to improve the quality of the criminal investigations and to avoid the delays in the judicial processes A working group was created at the Ministry of Justice to draft the changes in the Code of the Criminal Procedure. It is composed of experts of the Ministry of Justice, of the general prosecutor’s office, the court of serious crimes and it is assisted by the experts of Euralius Mission. It is expected that the working group will submit the draft-law in June 2015. The strengthening of the focus regarding the cases of high level corruption to advance the history It was found that after the changes in the law on anti-mafia and in the Criminal Procedure Code came into force, one judge was judged and punished at the first instance court for serious crimes in the year 2014, for the criminal offence of passive corruption. Undertaking the measures (including the legal and inter institutional ones) in every sector to fight and prevent corruption In March 2014, with the proposition of the Minster of Justice, the Parliament of Albania passed the anticorruption packet: law no.21/2014, “On some additions and changes in law no.7905, dated 21.3.1995, “Criminal Procedure Code of the Republic of Albania” changed”, and Law no. 24/2014 “On some changes and additions in law no 10192, dated 3.12.2009, “On the prevention and the combat against organized crime and trafficking through preventive measures against wealth”. These changes reflected the constitutional changes of the year 2012, which limited the immunity of the judges and also provisioned the inclusion of the criminal offences in the action field of the serious crime courts. These provisions enable the prevention of the corruptive acts through the sequestering/confiscation of the unjustified assets. During 2014, it was found that:
In the context of increasing transparency and mutual contribution to the fight against corruption, People’s Advocate have been taken the following measures:
At the People’s Advocate Institution it is set up and operates the Advisory Board with participants of different groups of civil society. At meetings of the Board it has discussed and dealt with various problems of the respective groups, as well as the steps and legal actions that the People’s Advocate Institution can take for problem resolution submitted by them. Information on the institutional activity of HIDAACI on the fight against corruption Statistics on the number of referrals, in years: For the period of time 2014 - 2015, 114 referrals were forwarded to the prosecution office. During the institutional activity of HIDAACI for these 10 years, an approximate total number of cases forwarded to the prosecution office were about 55 cases, which are more cases referred since the establishment of the institution. 74 out of 114 criminal charges concern the year 2014. Thus, for the period of time January-March 2015, 40 new criminal charges have been submitted. For the first time, this year, a highly considerable number of high rank public officials cases were forwarded to the prosecution office, including members of HCJ, first instance judges and prosecutors, ambassadors, assistant of the President of Republic, Chairmen of institutions, local elected chairman, and middle and low management officials. 
Statistical data on administrative measures, in years: For the period 2014- 2015, HIDAACI has applied approximately 474 administrative measures “fine” for public official, after the legislation was amended. During 2014, approximately 400 administrative measures have been applied. Thus only for period of time January-March 2015 HIDACCI has applied 74 -100 new fines. It can be easily identified, that the application of administrative measures is applied not only for the public officials exercising a certain function, but for the public officials that have left function, that is a fact clearly demonstrating the seriousness of HIDAACI as well as showing a fair treatment of the officials. At the same time, HIDAACI has applied administrative measures for deputy ministers, Members of Parliament, Chairmen of Institutions, etc. 
Transparency, and institutional collaboration Applying an open and transparent policy is one of the priorities of the work of the HIDAACI. Only for the period, 2014- 2015, approximately 2570 copies of declaration forms were made publicly available. 2100 out of 2570 have been published during 2014. Therefore, for the period of time January-March 2015, HIDACCI has made public 470 new declarations. In each and every case all requests for publications of declaration of assets (Public officials/ elected persons) have been fulfilled and information has been provided by HIDAACI. 
It is important to highlight the fact that despite the volume of the requests for copies of declaration forms, mainly from media and civil society; HIDAACI managed to face this process and provide the declarations forms within a reasonable time limit. The publication of the declaration forms is considered a positive step towards the transparency of the Institution of HIDAACI. Moreover, and in order to increase transparency of HIDACCI’s work and performance to the general public, all the bylaws have been approved by Inspector General in compliance with the Law 119/2014 “On access to information”, as the following :
Fight against corruption and abuse of office in public administration is also a key priority of Prosecutor’s Office activity. In this context, the Albanian Prosecutor’s Office has taken concrete initiatives to strengthen human and investigative resources in terms of increasing efficiency, in identifying and bringing perpetrators of criminal offences of this category before justice. Proactive investigations It is significantly increased the number of proactive investigations, in cooperation with other law enforcement structures, i.e., State Police, intelligence services, relevant offices in tax, customs administration, etc. Significant increased cooperation between institutions has produced tangible results in investigating various cases of corruption and abuse of office. Since May 2014, after an extended meeting between the Heads of the Prosecutor’s Office and State Police management at national level, there were standardized periodic meetings at central and local level to analyze investigative activity, with particular focus on fight against corruption. This initiative has been associated with positive concrete results, increase of proactive investigations, as well as increase of corruption and abuse of office related cases. Additionally, in terms of proactive investigations, it is observed growing cooperation with almost all other law enforcement agencies. Strengthening of the criminal policy Albanian Prosecutor’s Office has significantly toughened criminal policy in terms of security measures regarding corruption and abuse of office related cases. During 2014, almost in all cases, where officials or former officials of various levels were suspected of being involved in acts of corruption or abuse of office, the prosecutor’s office has demanded to impose the security measure "arrest in prison". In this context, we mention a large number of issues, where it has been required to impose the security measure "arrest in prison". In general, these requests are supported by district courts. Specifically, we distinguish in this report the security measure "arrest in prison" imposed against officials, as follows:
Additionally, the Prosecutor’s Office has requested the security measure "suspension from duty" against three judges charged with the criminal offense provided for in Article 257 / a, second paragraph of the Criminal Code "Concealment of assets ....". Only in one case, the Court of First Instance has accepted the request of the prosecution's office for "suspension from office" for a 3-month period. This measure (suspension) was repealed by the Court of Appeal. Meanwhile, the court has accepted the request for suspension from office of the head of an independent institution (Audiovisual Media Authority-AMA). This measure (suspension) was repealed by the Court of Appeal. On the other hand, at the conclusion of the investigation against officials accused of corruption and abuse of office, the prosecutor’s office has required in any case a sentence above average or near the maximum limit provided for in the relevant provisions, by adhering strictly to the procedural provisions in each specific case. In conclusion of this argument, it has been observed that the Albanian Prosecutor’s Office is engaged in strengthening the criminal policy regarding security measures and demand for punishment on cases of corruption and abuse of office. Terms of Investigation Albanian Prosecutor’s Office has continued to be engaged in shortening the time limits for investigation of cases of corruption and abuse of office. Besides commitment of prosecutors and judicial police officers in connection with the collection and processing of investigative material for presentation to the court, the prosecutor’s office is also engaged in preliminary communications with other law enforcement institutions, which refer denunciation material. Meanwhile, in fulfillment of the recommendations of the European Commission, it is aimed at creating the Prosecutor’s Office access to the database of a number of state institutions. In cooperation with the Office of the National Coordinator against Corruption meetings were organized with all institutions, where access has been required. A memorandum of cooperation is being drafted to realize this objective. Access of the Prosecutor’s Office in the state database, such as Civil Registry, Electronic Registry of Judicial Status, National Registry of Real Estate, the Bailiff, notaries, means and driving licenses, etc., will give immediate effect in shortening investigation deadlines, given that retard in written correspondence that is administered in these records has created unjustified retard and reasons for extension of investigation deadlines in a number of proceedings. At all stages of this process it is also included the Institution of the Commissioner for Personal Data Protection, with which the Prosecution has entered into a cooperation agreement in 2013. Meanwhile, the implementation of the project of the Case Management System is one of the major innovations of the prosecutor’s office and an ambitious project, and one of the main achievements expected to be realized is shortening the time limits for investigation, through the application of technological instruments to help the process. Additionally, this system will also have a controlling effect, particularly on compliance of procedural legal deadlines that must be followed by prosecutors and judicial police officers. Controlling Role During the reporting period the General Prosecutor's Office has strengthened the controlling role in investigating corruption offenses. To coordinate and direct all investigative activities in fight against corruption, in February 2014 was created the Directorate for Investigation of Economic Crime, Corruption and Organized Crime. This new structure, which has replaced the Section that functioned until then, is considered as an important initiative of the General Prosecutor's Office seriousness in combating the phenomenon of corruption. This Directorate coordinates the activities of all prosecutors in investigation of corruption cases and in particular coordination and orientation of Task Force Units operating in several first instance prosecutors’ offices. This directorate serves as an efficient structure for standardization of investigative actions and analysis of investigation cases against corruption in the Albanian Prosecution. Reorganization of anticorruption structures In fulfilling the key priority, hence, fight against corruption and abuse of office, Albanian Prosecutor’s Office has taken some concrete steps for reorganization of structures that investigate offenses of corruption and abuse of office. Besides creation of the Directorate of Economic Crime Investigation, Corruption and Organized Crime at the General Prosecutor’s Office, in February 2014 was established the Task Force Unit against Corruption, in the District Prosecutor's Office of Elbasani. It was considered as necessary to create this Unit in this region since Elbasani is one of the main economic centers of the country and this also affects increasing risk of abuse of officials’ public office. In September 2014, was established the Anti-Corruption Unit at the Serious Crimes Prosecutor’s Office, following the amendments made to the Criminal Procedure Code, Law No. 99/2014, which entered into force in September 2014. Based on these amendments, the Serious Crimes Prosecutor’s Office has investigative jurisdiction to cases of corruption among high level officials, i.e., judges, prosecutors and other senior officials, excluding officials against whom investigations are conducted by the General Prosecutor. This unit will focus on two main tasks, investigation of criminal offenses, and property investigation. The new structure will develop uniform practices, as well as coordinate activities of the Serious Crimes Prosecutor’s Office regarding property investigation. This type of investigation is top priority, aiming at attacking criminal groups and structures in economic spectrum. Strengthening of anticorruption structures Albanian Prosecutor’s Office, within its capabilities, has aimed at strengthening human capacity in anti-corruption structures (Task Force Units). Due to added work load because of the materials referred to, in April 2014 human capacities were increased in Task Force Units in the District Prosecutors’ Offices of Tirana, Durrësi and Vlora, in addition to establishment of the Task Force Unit in the Judicial District Prosecutor's Office of Elbasani. Prosecutors attached to Task Force Units are drawn from other structures of prosecutor’s offices. Meanwhile, to strengthen the investigative capacity of these specialized structures, prosecutors who are part of them are qualified as priority in specialized courses, as well as have been engaged in training courses organized by the School of Magistrate, and in other projects in Albania and abroad, organized mainly by foreign donors such as OPDAT and PAMECA. During 2014, there has been an increase of workload in Joint Investigative Units and treatment of complex and voluminous issues by them, but thanks to the board of prosecutors’ commitment the indicators on quality of work have been increased. Thus, Joint Investigation Units have treated 2,476 referrals, and compared with year 2013 when 1646 referrals were treated, workload was increased with 50.4%. In 2014 there have been investigated 2337 criminal proceedings, which constitute an increase with 57% toward 1493 criminal proceedings investigated the year before. The number of proceedings brought to trial in 2014 has been increased with 98%, and there were recorded 463 proceedings submitted to court compared with 234 proceedings submitted in 2013. An important indicator of performed investigative activity is punishment of defendants sent to trial. The data indicate that 89% of the defendants were found guilty and only 11% of them were given innocence or termination of judgment. Interagency cooperation In the framework of positive results achieved in fight against corruption, Albanian Prosecutor’s Office has continued to strengthen cooperation with other law enforcement structures. Cooperation with the State Police has been increased, as the structure that refers the highest number of materials on issues of corruption and abuse of office. Additionally, it is significantly increased cooperation with the State Supreme Audit, the Tax Administration, the High Inspectorate of Declaration and Audit of Assets and Control of Interests. Additionally, it has been observed increased cooperation of institutions such as the Directorate for Prevention of Money Laundering, customs administration, other central institutions, etc. Intensification of fight against corruption Below are presented in a summary general statistical data of the Prosecutor’s Office concerning criminal offence of corruption in 2014, compared with 2013 data, as well as some figures related to separate crimes. The detailed information in the report includes full data on effectiveness in fight against corruption. Specific weight of this group of offenses in 2014 against the total number of criminal proceedings registered at the national level is 0.42%, while for 2013 was 0.38%. The following table shows information concerning corruption offenses:
As shown in the table, statistics indicate that in 2014 there was an increase with 35% in the number of proceedings recorded for offenses of corruption, compared with year 2013. Meanwhile, there is an increase with 59.3% of proceedings sent for trial in comparison with year 2013. In connection with defendants, for this group of offenses, there is an increase with 30% in the number of defendants registered, compared with figures in 2013, an increase with 77% in the number of defendants who were sent to court and a decrease with 35 % in the number of defendants convicted by the court, compared with year 2013. Graphically tendency of offenses against corruption for 2014 compared to 2013 is as follows: 
In connection with defendants for this group of offenses, the statistics show that during 2014 a total of 108 defendants were registered while in 2013 a total of 83 defendants were under investigation. Therefore, this indication has shown an increase with 30% of the defendants under investigation in 2014, compared with 2013. Abuse of office R  egarding the two other offenses against state activity committed by public employees, provided for in Article 248 of the Criminal Code "Abuse of office" and Article 256 of the Criminal Code "Abuse of contributions provided by the state", the data are presented as follows:
Statistical data show growing tendency with 55% in 2014 of recorded proceedings for the offense provided for in Article 248 of the Criminal Code "Abuse of office", compared with 2013. Passive corruption of individuals exercising public functions The specific weight of this offense in the group of offenses of corruption for 2014 is 57.3%, while for 2013 was 67%. Commission of this offense in five years, 2010-2014 is presented in the chart below (criminal proceedings registered in the prosecution body): 
The statistical data show a growing tendency with 15.5% in year 2014 of proceedings registered for the offense provided for in Article 259 of the Criminal Code "Passive corruption by individuals exercising public functions", compared with 2013. The following table presents data concerning offenses of "Criminal acts against the activity of the state committed by public officials or in the public service":
Tendency: As shown in the table, the statistics have indicated that in 2014 there was an increase with 60% in the number of proceedings recorded for offenses against state activity committed by state employees or public service, compared with the year 2013. Meanwhile there is an increase with 83% of proceedings sent for trial, compared with year 2013. In connection with the defendants, for this group of offenses, there is an increase with 70.5% of the number of registered defendants against this total in 2013, an increase with 96% of the number of defendants who were sent to trial, and an increase with 56% of the number of defendants convicted by the court, compared with year 2013. Ministry of Internal Affairs has also made great efforts on fight against corruption. There is a growing tendency in the identification and the hitting of the corruptive affairs of the officials in duty with the application of the special investigation methods (almost all the criminal offenses of corruption are investigated with these methods). In addition to other fields such as education, health, taxes, etc., during 2014 it has been worked in the fight against corruption in the justice system. Regarding the objective to increase by 5% the number of proactive investigations and the number of police operations in the field of corruption and crimes of officials on duty, this is realized at the extent of 51.6% as referred to the criminal offences, 43.6%,only in corruption 41.2% in proactive investigations and 39.4% in police operations. In cooperation with the IT Sector in the Ministry of the Internal Affairs it has been worked on the fulfillment of the point 8.21 of the Action Plan. Comparing the data with the same period of 2013, there is a total of 233 criminal offences more on corruption and officials on duty. In these criminal offences there have been involved 456 perpetrators more. There is an increase by 66% of the identification of the criminal offences on corruption and officials on duty compared to last year. Compared to 2013, during 2014, 45 more criminal offences were evidenced or 69%, with 69 perpetrators involved more, with 59 persons arrested more. There have been identified 185 more criminal offences committed by the state officials on duty or 64%, with 381 suspected perpetrators involved more, with 83 persons arrested more.
During this period, anticorruption structures have successfully finalized 46 police operations with 150 perpetrators suspected, 122 persons have been arrested, 27 persons prosecuted while free, 1 person declared wanted.Sspecial investigative techniques have been used successfully in 42 operations.(13 police operations more, and 20 police operations more have been realized with special investigation methods compared to 2013). During 2014, 28 criminal groups have been hit (with more than 3 perpetrators each), where there have been involved 129 perpetrators, 97 persons arrested, 31 persons prosecuted while free, and 1 perpetrator declared wanted.(13 more criminal groups destroyed compared to 2013). Regarding the complaints of citizens or institutions against the state police officers for the period January-December 2014 there have been given disciplinary measures as follows:
During the 2014, the investigation of complaints of citizens or institutions against police are followed by Discipline and Complaint Sector, meanwhile, since 30.05.2014,it is created a new structure of the Complaint Sector in the Directorate of Professional Standards, and a complaints` register is created with complaints and responses recorded after solving the problems raised. During 2014 there have been evidenced 790 complaints out of which 401 complaints are verified and responses have been provided. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||