TIRANA, Nov. 2, 2023 – Albania’s former prime minister, Sali Berisha, is being investigated for “passive corruption” by Albania’s Special Structure Against Corruption and Organized Crime (SPAK), with a specialized court ruling that he cannot leave the country and must present himself to court authorities twice a month.
The same SPAK investigation also saw Berisha’s son-in-law arrested in alleged corruption related to the privatization of land formerly used by a state-owned sports club.
Prosecutors say Berisha used his influence to facilitate business ventures in which he and his son-in-law, Jamarber Malltezi, had financial interests. The charges allege that Berisha changed laws and pressured officials to promote the development of high-rise buildings, ultimately leading to Malltezi becoming a co-owner of a development company without any capital investment.
Berisha, who at 79 is perhaps the most impactful politician in the history post-communist Albania, dismissed the charges as politically motivated, attributing them to the current Socialist Prime Minister Edi Rama.
-Justice reform and political implications-
The case highlights growing concerns about corruption in Albanian politics and the challenges faced by the country’s democracy, as Berisha, the leader of the largest opposition group, could potentially be imprisoned if found guilty.
Experts also note the investigation into the case involving Berisha represents a significant litmus test for the Albanian judicial system, which has undergone massive reform with the help of EU and US institutions with the aim of ending impunity in corruption and organized crime cases.
On the legal side, independent experts have told Albanian media there are concerning issues with restricting Berisha’s movement without formal charges being filed, especially considering that three years have gone by since the commencement of the investigation.
From a political standpoint, the measures taken against Berisha also deal a severe blow to Albania’s opposition, which had gradually consolidated its presence in parliament, ironing over some of its internal divisions.
The future of Albania’s main opposition Democratic Party isn’t necessarily solely tied to Berisha, but with his majority support within the party voters, the charges could undermine the establishment and sustainment of a credible opposition, a cornerstone of pluralism in Albania, experts argue.
-The case against Berisha-
Berisha’s legal team has appealed the court’s decision placing restrictions on him, arguing the judge’s ruling violated the constitution by not seeking parliamentary authorization for the security measures implemented against him.
Berisha is under investigation for alleged misuse of his position as prime minister to enact legislative changes and exert influence over institutions under his control, favoring his son-in-law, Malltezi, one of the beneficiaries of the privatization of the former Partizani Sports Club.
The legal case revolves around a change to the Law on Sports proposed by Berisha’s government in 2008, which allowed the privatization of sports facilities by families expropriated by the Communist regime. Prosecutors claim that Berisha and Malltezi received kickbacks of around 5.4 million euros from the deal.
– Berisha’s comeback fraught with conflict-
For Berisha, however, the case is pure political prosecution after the former prime minister and president officially took control of the majority faction within the opposition Democratic Party, also known as the DP Re-Establishment, making a political comeback after eight years of semi-retirement. However, Albanian courts refuse to recognize Berisha’s leadership and have given official party rights to a DP faction that has minority support, and only a small portion of the DP parliamentary group, contributing to a further weakened and divided opposition.
DP has seen years of internal turmoil following the loss of the April 25, 2021 general elections for an unprecedented third time, setting the stage for the Socialist Party of Prime Minister Rama to become the dominant political force in Albania. Shortly after the elections, the U.S. State Department publicly designated Berisha, who had not held public office since 2013, as involved in “high-level corruption.” Berisha has repeatedly said that the decision is unjust and not based on facts. He said at the time that “not a single piece of evidence has been published that I or my children have benefited even a penny.”
