The full statement of the former Minister of Defense, Fatmir Mediu, in today’s court session for the Gërdeci file, has been revealed, as he said that he has been persecuted for 17 years because “allegedly I was the criminal who blew up Gërdeci”.
The former minister said before the black squads that he took moral responsibility for the Gërdec tragedy, stressing that he hid, but surrendered his immunity by facing justice.
While then he added: “Before Gërdec, over 100 people were killed in Qafë Shtamë, Gjegjan, Gjirokastër, Dhëmblan. 19 people drowned at sea. They were killed 2 months after Gërdec at the Police Military Plant, they were killed in Skrapar in 2011. Why were the ministers not held accountable for how the ammunition was stored, stored and dismantled. Or in the case of Gërdec do we need a scapegoat??”
Fatmir Mediu emphasized that “it has been clearly proven and decided by the Prosecution and the Court in this process that ‘the Minister has nothing to do with the explosion and all the consequences of the explosion in Gërdec’.”
The former minister said that in 17 years he has not been interrogated, nor has he been notified of any expert report.
The media declared that he went to the session in respect of justice and not for political trials, as he requested that the trial be held live, in the presence of television cameras.
Full statement:
17 years of personal and family persecution and anathema, because I was allegedly the criminal who blew up Gërdec.
The minister is accused of having to know where Gërdeci was, what the headquarters and soldiers, the company, guards and workers were doing, what were the rules of ammunition and technical security.
Ironically, those who made these statements and encouraged any opinion, if you look at all the cases today that are the object of investigation and judgment in this building, avoid responsibility and knowledge for the actions that you consider criminal, for themselves and their closest collaborators .
I, without any hesitation, took the moral responsibility and did not point the finger at anyone as responsible, because I thought that justice would do that.
I did not hide, I did not leave, but I surrendered my immunity and I have been here in front of justice. But I have thought to face the law and not the manipulation.
I resigned for moral responsibility, but this cannot be misunderstood and misused as a weakness to turn into criminal prosecution for 17 years. Persecution that continues against all laws and due process rules.
Undoubtedly, Gërdeci was a tragedy. I understand the judgments of the opinion, but I believe that you also understand that you must respect the law! Therefore, in justice, desire does not work, but evidence and the law do.
Allow me to ask you, even though I know I won’t get an answer: Who gives the permits and concessions for mining? It is given by the Government and the Minister. Every 6 months people are killed in the mines. Why is the minister not held responsible? Also in construction. Even the constructions have their victims, who gives the permits? Why aren’t the mayors and ministers charged, because the technical rules have not been implemented?
Before Gërdec, over 100 people were killed in Qafë Shtamë, Gjegjan, Gjirokastër, Dhëmblan. 19 people drowned at sea. They were killed 2 months after Gërdec at the Police Military Plant, they were killed in Skrapar in 2011. Why were the ministers not held accountable for how the ammunition was stored, stored and dismantled. Or in the case of Gërdec do you need a scapegoat??
1- It has been clearly proven and decided by the Prosecution and the Court in this process that “the Minister has nothing to do with the explosion and all the consequences of the explosion in Gërdec”.
For this reason, in the decision you stated that there was no legal basis for the family members of the victims to be parties to the process, while We accepted their request. Later I don’t know for what reason you changed your attitude.
2- Let’s make it clear inside and outside this room for everyone, what you are judging me for.
You are judging me for abuse of duty: “Deliberate violation by actions or omissions contrary to the law, which have brought him or other persons material and non-material benefits, bringing economic damage to the interests of the state). Let’s take the phrases of the accusation one by one. Intentional violation – you say, but where is this intention that you claim proven? By actions or omissions contrary to the law – you say. What are the laws that, according to you, burden the Minister? Are the regulations of the Army or the orders of the Mother and the Imam? Also, you claim that my actions or inactions have brought the state or other persons material and non-material benefits, bringing economic damage to the state’s interests. In this hall and outside it, for 17 years I have declared to you that, if I, my family members, my staff, had a phone call with those who had the contract for the dismantling, then I would assume all responsibility. I did this in the presence of the President, the Prime Minister, the Prosecutor General and the Public Prosecutor’s Office. You have proven that I had neither recognition nor interest. You’ve even tried other people’s old and new connections and relationships in the dismantling process.
You and everyone know that I had only one interest, the implementation of national and international obligations to become a NATO member country
What does the alleged economic damage have to do with the explosion in Gërdec and the victims? There is absolutely no legal or causal connection.
What is the abuse of office according to your charges? Accusations that you want to defend with allusions, justifications and absurd illegal acts, such as acts of expertise with illegal experts. The law forbids you to hire inspectors from the Supreme State Control and Audit as experts, but you have given these illegal experts the authority of the prosecutor and the judge, as was proven today.
You have not chosen independent experts, but you have chosen the experts you want, in open violation of the law. They are representatives of the state, in open conflict of interest.
Why don’t you agree to do the experiment on how the explosion happened? What’s stopping you? Or just the fact that you know full well that you’ve built a process on evidence that doesn’t exist?
Moreover, what is the meaning in a state of law, when the Prosecutor who has the burden of proof, does not explain the so-called privates, but says; “there you have the acts, read them, because I will speak at the end”.
This is not a fair process, but a groundless and persecutory process, not giving us the opportunity to argue and defend ourselves in time.
Let’s take them one by one, what are your accusations, that you received copy paste from illegal experts, as if they were procurators:
1- The American company SAC has not been registered in taxes and has not paid 4,000 dollars and for this I am accused as Minister of Defense, because I did not register and control the company.
Where is it written in the law that the registration and control of the company must be done by the Minister of Defense? First, the Minister of Defense is not a tax inspector. Secondly, I have had no relationship of any kind with the company or its management.
2- The company did not have an environmental permit and for this I am accused as Minister of Defense. I was neither the Minister of the Environment at that time nor the inspector of the environment.
3- According to the standardization law, the company did not have a conformity permit when you wrote this complaint, I am sure that you yourself do not know what you wrote. The Conformity Permit Law was repealed in 2007.
4- Accuse me that in 2007 I violated the Stabilization and Association Agreement. What incompetence! So ridiculous! How unprofessional! The agreement you cite entered into force in 2009, more than 1 year after the Gërdec event or more than 2 years before the start of the proceedings.
5- Accuse me through your experts that the Minister has chosen the SAC company. You neither want to read the procurement law nor the practices of the Ministry of Defense based on the law and VKM. There is a 16-month practice started between MEICO-General Staff of the Armed Forces- Structure of the Ministry of Defense that have done the evaluation of the technology and the economic interest. The minister has only respected the opinion of military and civilian experts.
6- For 17 years, without stopping, in every campaign, you accused me that I was the one who chose Gërdec. It was proven here, in this hall, with testimonies, facts and documents, that this was untrue and in this hall, as if without harm, it was declared that it is not the question of who chose Gërdec, was he suitable or who put the match , but why didn’t the minister define, didn’t check the military rules of dismantling.
Now, say that the problem is not with Gërdeci, but with the licensing of ammunition depots.
According to this logic, the Minister of Defense is subordinate to the Chief of Staff.
And if the Minister would do this, why do we need the Constitution, Laws, Decision of the Council of Ministers, Order of the Minister of Defense, Order of the Chief of the General Staff, Commands, directives, strategies, manuals, regulations? Why should there be civilian and military staff, when we only need the Minister?!
In no report, as Minister of Defense, I did not receive any information that there were no rules in Gërdec. According to the statement of the Chief of the General Staff, it worked as a lighter and was like a pharmacy.
Only 15 days before the explosion, at the meeting of the General Staff, it was said that “if it is for the Mjekës furnace (NATOS Project), we have a 100 times better dismantling line in Gërdec.”
Dear lady judge!
I have been Minister of Defense and I am proud of the work I have done for Albania’s membership in NATO.
When they made me Minister, they did not ask me if I had knowledge of calibers, manuals, military regulations or disassembly. I only sang because the Party asked for it at that time. That’s my military school.
I do not know and I am convinced that none of the Defense Ministers, before or after me, here in Albania or in the NATO countries, have this knowledge or are charged with responsibility for these things.
Two sessions ago, I read you the law “On power and authority in the Armed Forces”, which has defined why the Minister is a civilian and what are the duties of the Minister and the Armed Forces.
I also read you the Logistical Manual, which defines who does the licensing and storage of ammunition, the distances or the determination of calibers.
Find out where it says that I, as a Minister, must do the licensing and how I must do it! Ask today’s Minister, and all the Ministers before and after me, have they done any ammunition depot licensing, storage or dismantling licensing? The answer will be No! Because this was not and is not the duty of the Minister of Defense.
7- Accuse me of raising the bar.
Do any of you know what calibers are and how they are classified? In which legal act, l igj or VKM, are defined which are large or small calibers?
How and where is it said that the Minister of Defense should know how the calibers are divided and, moreover, know and oppose the decision of the Chief of the General Staff and senior military personnel, who have graduated from the military school, are professionals and exclusively responsible for the military field and they have the constitutional and legal responsibility, they are precisely those who have prepared plans, regulations and orders for this matter, in fulfillment of their duties.
Why don’t you analyze for a moment why the Minister is a civilian, but also why the duty of a soldier does not agree with any other state duty, without first being released as a soldier? Because the Minister is a civilian and the military, a military.
Why is the Chief of General Staff an advisor to the President, Prime Minister and Minister? Because he has the highest military expertise to support state policies. But there is another task. If the minister deviates or acts against the law, he does not implement the order and asks the President and the Prime Minister to intervene.
Also, why are the Force Commanders advisers to the Minister together with the Chief of General Staff? Because in operational and enforcement military matters, the concentration of authority in one hand, unbalanced, has a danger to the country’s democracy and national security.
8- In the last session, the Prosecutor said that the Minister is responsible for ordering the transport to be done by the Armed Forces and that he should have written who would pay for the transport, referring to the orders written by other Ministers.
But what is the Minister, financier of MEICO or the Support Command? If there were orders from other Ministers, as the Prosecutor’s Office says, they determined how the transport is done, how it is paid and who is obliged to implement it, which is written at the end of the Minister’s order.
I do not know of any Minister’s order, to write that this order comes into force and the Minister, or the Minister who will come after, is responsible for implementation. But at the end of each order of the Minister for dismantling and transport, it is decided: the responsibility for implementation is the General Staff, the Logistics Directorate, the Commands, the Secretary General and MEICO.
I did very well to order the transport to be carried out by the Armed Forces (KML), with a schedule and according to the quantities dismantled every day, because the transport of ammunition is a military operation and as such, has the responsibilities defined in the FA law .
It was requested by the Chief of the General Staff of the Armed Forces in the first memo for the request of the SAC, on December 28, 2007.
The practice of the Minister’s orders for communication with MEICO, or for dismantling with the factories, private companies and the EOD company, which I have here and have also been in every Minister’s order.
Here you have all the Orders of the Minister of Defense, about 39 of them, issued in implementation of the Constitution, the law and VKM, since 2000, by Ismail Lleshi, Luan Rama, Pandeli Majko, Gazmend Oketa, Arben Imami, and there had more than 40 others from Imam and Kodheli.
All these orders of the Ministers of Defense order the transport to be done by KML (4001) and nowhere do you find a word written about who pays for the transport of the ammunition given to MEICO.
Also, there are about 46 orders of the Chiefs of the General Staff, in implementation of the orders of the Ministers, who also order the KML or the military commands to carry out the transport of ammunition.
Was it so difficult for the Prosecution to make this comparison??
Say I haven’t decided who pays for shipping.
There are International Conventions, Laws such as the Road Code, the Law of the Armed Forces on 4 VKM and Orders, which have determined that the transport of ammunition as dangerous goods is done by the Armed Forces.
There are VKM and orders of the Ministers of Defense and the Chief of the General Staff that indicate how much the transport fees are, the types of vehicles, the qualification of the drivers, the relevant documents and authorizations, as well as who pays.
There are controls of the Internal Audit or KLSH, which have not found any violation, but have forced the circulation of goods within the system of the Ministry of Defense, based on VKM 45/1994.
Has MEICO been part of the Ministry of Defense system?
MEICO (Military Import Export Company) in my English means the Military Import Export Company and that is how it is written in VKM no. 366/1991.
So, MEICO is not only part of the system of the Ministry of Defense according to VKM 366/1991, but it is also the only company owned by the Albanian state, which deals with the sale and purchase of ammunition, moreover, in the TOP and FA, it appears with department number 6020.
Find me a ministerial order in every ministry, of every minister, who, in his orders, refers to the order of the previous minister. Absolutely not, because in his orders, the Minister refers to the highest legal acts, such as the Constitution, the Law, VKM and the orders of the Prime Minister.
9- The state spent more than 30 million euros, it did not earn but it was spent after Gërdec, for the dismantling of more than 80 thousand tons of ammunition. Do you know who transported these munitions? Exactly the Armed Forces! And they paid, the state, the Armed Forces paid. Even if MEICO would pay, it was still money from the state budget.
If the prosecution at that time didn’t want or didn’t know these facts, SPAK could have investigated them for two years, but knowing very well that the case was prescribed, it submitted the accusation intact, without evaluating any facts or the judicial examinations for Gërdec, where 22 people were convicted and none for cooperation with the Minister, the transport or the order referred to by the Prosecution.
Dear judge!
Some time ago on the BBC, British Defense Minister Grant Shapps was asked if he should have military knowledge, if he knew what ranks there are in the British Army, starting with the highest rank of Field Marshall, and he replied that he did not. I know, because this is not the duty of the Minister, that he was a politician and not a military man, even though a large part of those ranks, with the exception of generals, were given by him.
He is still a Minister, they didn’t fire him because he didn’t know, because it wasn’t his duty, they didn’t accuse him of abuse of office because it wasn’t his duty.
Senior generals of NATO, as well as the Ministers of Defense of the USA, Germany, Britain and Italy, who helped us learn what NATO is and joined us in NATO, agreed to testify in this trial in favor of justice and truth . I am grateful that they responded to my request, but, so far, you have refused to question them as witnesses on the pretense that they are strangers and irrelevant. You maintained this position, even though we explained to you the importance of their testimony.
They and anyone military or civilian who has the least idea about the role of the Minister of Defense and FA, declare that these accusations are absurd and cannot happen in a NATO country, but here they are happening in Albania.
If you will not accept these witnesses in the name of the right, I will make public their positions and statements.
No democracy, NATO member country, would accept these accusations, which are similar to military junta states.
Only in military Juntas, civilians, are under the control and orders of the military, just as required here.
In this process, both parties, the Prosecution and the accused, must have equal rights and treatment, clearly defined in the Code of Criminal Procedure, which are an obligation and must be respected by the Court.
Not only have I not been asked for 17 years, but you have not communicated any expert report to me, you have not given me the opportunity to make my assessments on the reports and experts in advance, as the law says, the decisions of the Constitutional Court, the European Court. All this is intentional, to keep alive a not legal, but political process.
I have come to respect the Court and justice for a fair legal process and not for the notorious political trials of the past, where the “party” decides and not the law.
Therefore, I ask you, Honorable Judge, thanking the journalists, that this trial be held live, in the presence of television cameras.
This last request of mine is to prove the irrefutability of transparency, which I wish to convey in this illegal political process, but also the only way to avoid deliberate subjectivism and disrespect for the law.
For what I said above, I ask my lawyers, starting from the next hearing, to contest in writing, in accordance with the law, any legal violations and bias.
