The US and EU role at the National Bureau of Investigations is now
clear. The government approved the draft for “amends in the law for
State Police”, which makes way for the creation of the National Bureau
of Investigations.
Top Channel secured the draft law, and article 26/1 foresees the creation of this structure which will be under the service of the Judiciary Police.
Article 26/1 – The National Bureau of Investigations is organized as a special structure of the State Police. This structure exerts its competences throughout the entire territory of the country. The organization and administrative functionality of the Bureau is defined by order of the respective Minister for Public Order and Security, by proposition of the Chief of Police. The activity of the criminal procedures of the Bureau is led and controlled by the Prosecutor.
A special article, 26/2, is dedicated to the National Bureau of Investigation. This is the most disputed law by the opposition.
Article 26/2 – The Director of the Bureau is appointed by the respective Minister of Public Order and Security, with a proposition by the Chief of Police, and with the written consent of the Prosecutor General, for a five-year term, with the right to be reelected. The Bureau Director is appointed by the State Police, and he immediately receives the “Highest-Level Leadership” grade. The Director is responsible for the functionality of the basic structure of this law. The Prosecutor is the authority that decides about the investigations of the Bureau, based on the dispositions of the Criminal Law and the laws in effect.
The role of the Prosecutor at the Bureau will be treated in another article.
Article 26/4 – The Prosecutor General appoints one or more Prosecutors from the First Instance Prosecution of Serious Crimes, to serve full time as Prosecutor at the Bureau. The Prosecutor General appoints the only Prosecutor – or one of them, in case there are more than one – to serve as leader of the group of Prosecutors at the Bureau.
Top Channel has secured a draft of the Bureau, which the opposition referred to as the draft that caused debates between Ministers Tahiri and Manjani. The two draft-laws are the same, but this law that received unanimous votes from the majority has only one added article.
Article 26/11 – The Independent Review Commission is made of criminal-law experts appointed by the EU and USA missions in Albania. Each of the missions is invited to appoint representatives, who will offer advise for a good functionality of the Bureau. The Independent Review Commission monitors the recruiting process actively, including the decisions to terminate cooperation with employees, based on the law.
This added article that sanctions international monitoring from the EU and USA could have been the point of compromise between the SP and the SMI for the Bureau, which is now expected to be included in the Parliament agenda with an accelerated procedure.
Top Channel
