Why SPAK Has Failed to Fight Corruption in Albania: Artur Meçollari Reveals His Arguments

In this analysis, expert and former Naval Force Commander Artur Meçollari argues that SPAK has failed to resolve the abuses surrounding the Saranda and Shëngjin naval bases. He highlights that the stalling of these investigations and the failure to formally register responsible individuals stem from the direct involvement of the country's political and military leadership.

Composite image showing former Naval Force Commander Artur Meçollari speaking at a podium alongside portraits of key officials summoned or investigated by SPAK, including Bajram Begaj, Olta Xhaçka, and Belinda Balluku.
 Naval Base Corruption Investigations Involve Top Military and Political Leaders, source: Facebook profile of Artur Meçolalri
By Artur Meçollalri 

For six months, a SPAK (Special Structure Against Corruption and Organized Crime) prosecutor has not provided me with any updates regarding the status of the investigations (files 108 and 109 of 2021), even though I am the whistleblower. Although I have notified the head of SPAK, I still have not received a reply.

SPAK has been unable to prevent massive government corruption, nor can it conclude the cases concerning the naval bases of the Naval Force. For 5 years and 4 months, SPAK has been investigating the handover of the Saranda and Shëngjin naval bases, as well as the Naval Force property in Porto Romano. For three years, the two naval bases—covering a total area of 70 hectares—have been under seizure. SPAK has still not been able to formally register any individuals under investigation.

Why Is SPAK Not Closing the Investigations and Sending the Case to the GJKKO (Special Court)?

As seen in these investigations, the political and military leadership of the Armed Forces (AF) is involved. Their inclusion in the investigation means they must be suspended from duty until the conclusion of the trial. It is not just them; lower-level officials are also involved. The total number exceeds 25 people. Prime Minister Edi Rama has rewarded some of them with important positions within NATO. Albania's three highest representatives in NATO are principal individuals against whom the investigation must be registered.

It is clear: SPAK is concerned not with fighting corruption, but with preventing the fall of the Government. Registering an investigation against the persons responsible for investigative files 108/2021 and 109/2021 could lead to the fall of the Government due to the number of people involved, their positions in the administration and Government, and the protection provided to them by PM Rama.

Below is an interview I gave two years ago to the newspaper "SOT," an interview that can no longer be found on the web.

ARMY LEADERS IN SPAK'S HANDS

By 1st Rank Captain Artur Meçollari

Former Deputy Commander and Acting Commander of the Naval Force and Coast Guard.

1. Captain Meçollari, what prompted you to start denouncing property affairs in the Naval Force?

Naturally, the protection of the public interest, readiness, operationality, and the mission of the Naval Force. Our Naval Force is a small force with assets of low autonomy. These naval bases, distributed along the entire coastline, serve to improve logistical support and increase autonomy. They are essential for acceptable readiness and operationality to fulfill the mission of the Naval Force and Coast Guard. The defense of the country, the exercise of the sovereignty of the Albanian State, and the saving of human life at sea and from the sea are the highest public interest.

During my tenure as Deputy Commander and Acting Commander of the Naval Force, I officially opposed the leasing and concessioning of the Saranda naval base—opposition that was particularly deep with Minister Olta Xhaçka. In November 2019, Mrs. Xhaçka asked me for a portion of the Kepi i Palit base for her family members. Back in 2012, under the governance of Sali Berisha and Arben Imami, I had been dismissed from the Armed Forces for the first time due to similar opposition.

Following my release from duty on August 7, 2020, and from the Armed Forces on September 11, 2020, I sent a roughly 21-page letter on December 21, 2020, informing PM Edi Rama about the corruption that had engulfed the Ministry of Defense and the Armed Forces. The letter also covered corruption regarding the Saranda and Shëngjin naval bases and other properties of the Naval Force. This letter was sent for information to US Ambassador Yuri Kim as well. In fact, earlier on November 9, 2020, PM Rama was informed about corruption in the AF by US Ambassador Yuri Kim during a meeting in his office. After waiting for about three months—during which the PM not only failed to reply but also took no concrete institutional action to fight corruption—I turned to SPAK with two criminal reports in March 2021 and simultaneously made them public.

I filed the first report with SPAK at the end of March 2021 regarding the Saranda naval base. In April 2021, it was registered as investigative file no. 108/2021, and in July 2022, I filed an additional report. Likewise, at the beginning of April 2021, I filed a second report with SPAK concerning the Shëngjin naval base, registered in April 2021 as file no. 109/2021. These two reports were directed against former Minister of Defense Olta Xhaçka, former Chiefs of the General Staff of the AF Bardhyl Kollçaku and Bajram Begaj, as well as several commanding officers.

Today, these two investigations cover six issues:

  • The lease contract with "Marina Bay Saranda"
  • The concession contract with "Marina Limion"
  • The handover of the Saranda naval base
  • The usurpation and unauthorized construction on property no. 219 in Porto Romano
  • The construction of a four-story building at the Shëngjin base
  • The procedure of removing 133 hectares out of 200 hectares of the four naval bases from the Deployment and Dispersal Plan (PVP)

SPAK has initiated investigations into three of these matters suo motu (on its own initiative).

Today, after over three years of investigations, SPAK still does not declare who the individuals under investigation are. However, it is known that preventive seizure has been placed on the 4-hectare Saranda naval base, as well as nine properties covering 66.4 hectares at the Shëngjin naval base. SPAK has interrogated over 25 military personnel and civilians, including current and former high-ranking officials of the AF and the Ministry of Defense. Additionally, due to this investigation, about 20 cell phones within the AF have been seized.

My experience as the former Director of Inspection and Anti-Corruption in the Ministry of Defense has shown me that administrative appeal is essential before filing a criminal report. This is because the dispute might be resolved administratively, while also depriving the other party of claims in a criminal process. This is why PM Rama does not talk today—and cannot talk tomorrow—about "plums and figs eaten behind his back," as he was informed in a timely manner by both Ambassador Kim and myself.

2. Have you encountered any obstacles or pressure while denouncing these affairs?

Naturally. PM Rama, the high authorities of the AF and the Ministry of Defense, the oligarchs involved, and many individuals affected by my opposition and the investigations do not forget it. Initially, they released me from my duties in the Naval Force. A month later, they released me from the Armed Forces altogether through a fabricated and manipulated process directed by former Chief of the General Staff Bajram Begaj, with the involvement of Olta Xhaçka and Bardhyl Kollçaku (even while dismissed), and naturally with the approval of Edi Rama.

Following my release from the AF, AF structures acting on Bajram Begaj's orders filed three criminal reports and a civil lawsuit against me, almost all of which the AF lost through court decisions. Furthermore, in December 2020, the Tirana First Instance Administrative Court declared two orders by Olta Xhaçka and two orders by Bajram Begaj absolutely void as part of the administrative process of my dismissal from the AF, mandating my reinstatement. The Ministry of Defense and the General Staff appealed the decision, and the case is currently pending review at the Appellate Administrative Court.

Additionally, some time ago I faced financial pressures, including the termination of family members from their jobs, anonymous phone calls, offers, and blackmail, which naturally yielded no results. For the first two years following my release from the AF, I was not paid transitional military allowances. PM Rama, through Mr. Engjell Agaçi, made an offer after my administrative appeal to serve as his national security advisor. I accepted the offer on the condition of my reinstatement in the AF. Mr. Rama accepted, and Mr. Peleshi initiated reinstatement procedures. However, under pressure from Olta Xhaçka, Bajram Begaj, and several oligarchs, PM Rama changed his mind.

All this pressure against me and my family has had only one goal: MY SILENCE. This four-year period has been difficult for me, but especially for my family. However, justice will triumph.

3. Who is involved in the military property affairs? Can you name the officials?

Despite the lack of information from SPAK since the matter is still under investigation, Supreme Court Decision No. 00-2023-1001, dated June 15, 2023 (which is published), gives us a clear picture of SPAK's findings and the decisions of three courts regarding the preventive seizure of the Saranda naval base. Although it mentions few names, it highlights many public functions upon which SPAK raises reasonable doubts regarding the commission of various criminal offenses.

Regarding the Naval Force properties—meaning those linked to my reports as well as those initiated independently by SPAK—those involved so far include:

  • Former Minister of Defense Olta Xhaçka
  • Former Chief of the General Staff Bajram Begaj
  • Former Chief of the General Staff Bardhyl Kollçaku
  • Minister of Infrastructure and Energy Belinda Balluku
  • Two commanders of the Naval Force
  • Two other Chiefs of the General Staff
  • Many military and civilian personnel in the AF, the Naval Force, the Ministry of Defense, and the Ministry of Infrastructure and Energy

The Special Prosecution Office (SPAK) has raised suspicions that high-ranking Armed Forces and Ministry of Defense officials acted in violation of laws and bylaws in the practice of leasing and concessioning property no. 696, known as the "Limion Sarandë Auxiliary Base" (paragraph 92). This accusation covers both the lease agreement with "Marina Bay Saranda" and the concession agreement with "Marina Limion."

The term "high-ranking officials" encompasses functions such as minister, Chief of the General Staff, director in the Ministry of Defense and General Staff, or Naval Force Commander. To date, individuals summoned for questioning by SPAK include Bajram Begaj, Olta Xhaçka, Belinda Balluku, Bardhyl Kollçaku, Jeronim Bazo, Ismail Shehu, Ilir Pujo, Ilir Xhebexhia, Adnand Agastra, Altin Kurti, and others, alongside numerous lower-level military and civilian personnel.

Owners of the companies "Marina Bay Saranda," "Marina Limion," and "MBM Port" have also been summoned by SPAK, though few media outlets have reported this. "Marina Bay Saranda" has now taken the Supreme Court's decision on the preventive seizure of the Saranda base to the Constitutional Court, but they have no chance of winning. The Constitutional Court cannot rule against its own decision no. 10 of 2015, which states that "The Deployment and Dispersal Plan of the AF, referred to by specific legal provisions, is an organizational aspect of commanding the AF of a strategic character."

Yet the most important question is how this company managed to sign a 1-Euro 20-year lease contract for a 26.5-hectare area more favorable than its initial proposal, while taking over the responsibilities of preserving the operational readiness of the Naval Force—a legal competence and responsibility of the Naval Force Commander and the Chief of the General Staff. The advocacy that Minister of Defense Olta Xhaçka and Chief of the General Staff Bardhyl Kollçaku performed in favor of the companies, bypassing the President, violated the law and damaged the combat readiness of the Naval Force.

It appears the Special Court of First Instance reasoned its decision by viewing the risk of free disposal of property. The handover of the Saranda naval base property in March 2022, upon which preventive seizure was placed, is considered by SPAK to be a criminal offense. According to SPAK, this "can facilitate or prolong the consequences of the criminal offense or facilitate the commission of other criminal offenses," and "the establishment of the seizure measure prevents the risk of sale, alienation, or loss of property that may be confiscated" (paragraph 104). The handover of the naval base was carried out by a commission established within the Naval Force at the request and under the supervision of former Chief of the General Staff Bajram Begaj and the last two Naval Force commanders.

SPAK states that "CoM Decision no. 515, dated July 1, 2020, on granting the tourist port in concession to the company 'Marina Limion'—as a Union of Operators 'Kastrati Group' and 'Edil-al' Shpk—is contrary to the provision of Article 6 of law no. 125/2013 'On Concessions'" (paragraph 40). SPAK holds a reasonable suspicion that we are dealing with a criminal offense that produced consequences. This CoM decision was proposed by the Ministry of Infrastructure and Energy headed by Belinda Balluku, and the concession decision was made by the concession commission in that ministry without verifying the property status of the naval base in Saranda and based on a request by "Marina Limion" when it was not yet registered in the National Business Center (QKB).

The Special Court of First Instance for Corruption and Organized Crime, with decision no. 91, dated February 24, 2023, decided:

... To assign the asset security measure 'preventive seizure' for property no. 696, .... 'since the court assesses that against the suspects of this criminal proceeding, there exists a reasonable suspicion based on evidence that the element of the criminal offense "Abuse of duty" provided by Article 248 of the Criminal Code has been consumed.' (paragraph 48).

It also stated that preventive seizure was ordered "... because the readiness and operationality of the Naval Force Command has been violated, precisely over property no. 696, a property placed in the deployment and dispersal plan, putting national security at risk."

4. You are one of the biggest critics of President Bajram Begaj, who has now been at the head of the Presidency for two years. How do you view his work, and is there a risk that he might be investigated by SPAK? I ask you this because he has immunity...

No one has immunity from criminal investigation if there are reasonable suspicions of committing a criminal offense, whether during the exercise of an important function like President of the Republic—all the more so when suspected of having committed it in a prior role. SPAK was created precisely for this purpose under the new justice system. The lifting of immunity by Parliament is a procedural act for specific personal security measures when deemed necessary. In my judgment, Bajram Begaj is under investigation by SPAK.

Bajram Begaj has been questioned twice by SPAK and BKH (National Bureau of Investigation), inside his office at the Presidency, regarding Naval Force properties. He has never denied this. This issue was also part of a conversation between PM Rama and Bajram Begaj at the Presidency in early December in the presence of Chief of the General Staff Arben Kingji and Minister of Defense Niko Peleshi.

Bajram Begaj is directly involved in the construction of the four-story building at the Shëngjin naval base. When the building was at its foundation, Bajram Begaj, as Chief of the General Staff of the AF, issued an order (classified) to halt the construction. The commander of the Shëngjin naval base requested the enforcement of the order the next day, but upon Bajram Begaj's proposal, Minister Xhaçka dismissed the commander, and construction thus proceeded. Construction was halted by Minister Peleshi three months later when the building had reached the fourth floor. Both previously and now as President, Bajram Begaj has promoted in rank and duties the military personnel who failed to obey his order, even though disobedience of an order is a criminal offense and he was aware of it.

While Bajram Begaj served as Chief of the General Staff of the AF, in October 2021, MBM Port usurped 5.2 hectares of the Naval Force in Porto Romano. The port subsequently carried out unauthorized construction, destruction of facilities, the complete destruction of a World War II monument, and partial destruction of an Ancient Roman Wall. Although the Military Police Law tasks the Chief of the General Staff with deploying the Military Police to forcibly clear property (not as a criminal procedure action), Bajram Begaj failed to do so. Nor is the current Chief of the General Staff, Arben Kingji, doing so after two years in office. Aside from the criminal offenses committed, such as unauthorized construction on public property and destruction of cultural monuments, rental losses alone exceed 2 million Euros. Their inaction has caused consequences damaging the public interest in favor of a third party.

Bajram Begaj made his first request to the Naval Force Command to hand over the Saranda naval base to "Marina Bay Saranda" on August 18, 2020—just two weeks after taking office as Chief of the General Staff of the AF and one week after my dismissal as Acting Commander of the Naval Force. He monitored the handover process until its full completion in March 2022, and in May 2022, he provided Logistics Command assets to empty the base. Begaj carried out all these actions even though he was aware from SPAK that a criminal investigation had been initiated. Two weeks after the handover of the Saranda base, Bajram Begaj was appointed President of the Republic. The court stated that the handover of the base impaired the readiness and operationality of the Naval Force Command, a responsibility that also falls on Bajram Begaj. The Law on Powers and Authorities of Command and Leadership in the AF states that the Chief of the General Staff has the responsibility to "control combat readiness and take measures to improve it."

Bajram Begaj is involved in almost all Naval Force property affairs, starting from the Saranda and Shëngjin naval bases and property no. 219 in Porto Romano. As a compromised and easily blackmailable person, he was appointed to the presidency by PM Edi Rama.

For more than a year, he has had on his desk the proposal of AF Chief of the General Staff Arben Kingji and Minister of Defense Niko Peleshi to remove Sazan Island, the Palermo naval base, and the Military Holiday Homes in Durrës and Jale from the PVP. For a year, he has also had the proposal from the Ministry for Europe and Foreign Affairs (MEFA) to decree the negotiating group with Greece to take the sea issue to The Hague. It seems a foreign hand prevents him from casting his precious signature, especially regarding the removal of Sazan from the PVP. So far, it appears an external factor is stopping him.

Today, Bajram Begaj continues to believe that Edi Rama is his only hope to escape justice. It would be no surprise if he soon signs all the proposals he has kept on his desk for so long. However, this will happen when Bajram Begaj realizes that his signature on Sazan cannot be bartered for his impunity.

Corruption in the AF has reached frightening levels and has alarmed NATO and our strategic allies. This corruption consists not only of properties, but also procurement, maintenance, financial resource allocation, and personnel management. Today, ranks and appointments in the AF are a corrupt process, involving recommendations from oligarchs. The fact is that PM Rama was informed from the very beginning but did not act. Today, AF staffing is very low, as many want to leave and few want to enlist. In the name of duty to the Fatherland, no one agrees to serve in an AF designed to enrich its leaders through corruption.

These two criminal files will involve many people in the Ministry of Defense, the Ministry of Infrastructure, and especially in the Armed Forces. PM Rama today is forced to protect this corruption, and this is why he attacked SPAK over the preventive seizure of the Saranda base, calling the decision absurd—and he did so from the hotel of one of the interested businessmen.

PM Rama seeks to "fight" corruption by tearing down and setting up institutions, but always guided by individuals captured and compromised by corruption. The risk of the dissolution of the command and leadership line of the AF due to corruption is real. Yet, as PM Rama puts it, "better an empty cradle than the devil inside." If PM Rama truly wishes to fight corruption—which I doubt—he should bear in mind the saying of US General and President Dwight Eisenhower that "integrity is the ultimate quality of leadership."

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