Section 1. Respect for the Integrity of the Person, Including Freedom from:
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
The government’s National Inspectorate for the Protection of the Territory (NIPT) demolished some homes without due legal process as part of a wider campaign to demolish illegally constructed buildings. Through July the ombudsman received seven citizen complaints against the local inspectorates and three against the NIPT, including for failure to provide sufficient warning in writing, failure to consider a homeowner’s application for legalization of a property, and lack of transparency.
Throughout the year, residents of the Himara region continued to complain of targeted heavy-handedness by the government that resulted in the partial or complete demolition of numerous houses and businesses with little warning and no legal recourse for adequate compensation. In October the government demolished several uninhabited structures in Himara as it implemented an urban development plan about which residents complained they had not been adequately consulted by municipal authorities. The demolition of a further 12 structures was halted because residents filed a court case against the authorities. Municipal authorities defended the demolitions as necessary for commercial development.
Section 4. Corruption and Lack of Transparency in Government
The law provides criminal penalties for corruption by public officials, but the government did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity. The law prohibits individuals with criminal convictions from serving as mayors, parliamentarians, or in government or state positions.
During the year authorities took additional steps to combat corruption. Starting in February, members of the International Monitoring Operation, composed of international judicial experts, began assisting the government in the establishment of new anticorruption institutions, and by July the Assembly had nominated all members of trial and appellate court vetting commissions, as well as the public commissioners. On October 30, the vetting commissions publicly announced the start of their work.
A number of government agencies investigated corruption cases, but limited resources, investigative leaks, real and perceived political pressure, and a haphazard reassignment system hampered investigations. In selective instances involving international actors, anticorruption agencies cooperated with civil society.
Corruption: Corruption was pervasive in all branches of government. Between January and August, the prosecutor general’s office registered 185 new corruption investigations. During the same period, 122 persons went to trial for corruption offenses and 99 were convicted. Through August, 17,752 complaints had been submitted through the online portal stopkorruption.al, approximately 8 percent of which contained information on alleged corrupt practices. In October prosecutors announced an investigation of a former interior minister for ties to organized crime and abuse of office.
While prosecutors made significant progress in pursuing low-level public corruption cases, including corrupt prosecutors and judges, prosecution of higher-level crimes remained elusive due to investigators’ fear of retribution, a general lack of resources, and corruption within the judiciary itself. During the 2016-17 period, the First Instance (i.e., trial) Court for Serious Crimes convicted three judges, two prosecutors, and one high-level official of corruption. The mayor of Dibra municipality, Shukri Xhelili, was sentenced to two years and eight months in prison after the broadcast of a video in which he appeared to solicit sexual favors from a woman in exchange for a job. In May the Appellate Court for Serious Crimes changed the decision, convicting Xhelili of sexual relations in abuse of official duty and reducing his sentence by one year.
Financial Disclosure: The law requires public officials to disclose their assets to the High Inspectorate for the Declaration and Audit of Assets and Conflict of Interest (HIDAACI), which monitored and verified such disclosures and made them available to the public. The law authorizes HIDAACI to fine officials who fail to comply with disclosure requirements or refer them to the prosecutor.
As of August HIDAACI had fined 426 individuals for not disclosing their assets, conflicts of interest, or violating the law on whistleblower protection. HIDAACI reported that by August it had referred 31 new cases for prosecution that involved six Assembly members, one deputy minister, one mayor, six tax inspectors, six customs officials, and 11 other government officials on charges including refusing to declare, hiding, or falsifying asset declarations, money laundering, falsification of documents, and corruption.