Open Letter to SPAK – do you and your orderers know yourselves above the law?

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From Jamarbër Malltezi

Given that SPAK has started an investigation for over 3 years, that they take the implementation of the law very seriously, that no one can be above the law, etc. I am asking some public questions based on my specific case.

Have you filed a false report against Taulant Balla, former head of the SP Parliamentary Group and currently Minister of the Interior?

In his complaint, Balla claimed that the land of 5 old families of Tirana had been expropriated according to him by “Shefqet Verlaci and Jake Mane”. SPAK has spent millions of euros in salaries for prosecutors and investigators and forced them to work for months in the State Archives, although they have published in the Official Gazette of the state that it was a temporary requisition and not expropriation. More than 3 years have passed, it has been proven 400% that Taulant Balla made a false report, but SPAK still does not express itself.

Questions for the prosecutor who within the day accepted the report and signed the initiation of criminal proceedings:

Is Taulant Balla above the law?

4 months ago, although it had Edi Rama’s signature on the Tirana KRRT decision, SPAK wrote that it suspected Sali Berisha of changing the destination of the land at the former Partizani Club. Today, prosecutors have confirmed that the change of destination from a sports area to a residential area was carried out by the Technical Council of the KRRT of the Municipality of Tirana – the 10 trusted directors of Edi Rama:

(i) without being requested by the owners of the land,
(ii) the owners of the land have not yet entered into a contract with the construction firm and
(iii) without privatization.

If SPAK – as he writes – thinks that the change of destination is a suspicion based on corruption, then has it started investigations against Edi Rama and his directors for this change?

Did you imprison Edi Rama during this time when you should have started the investigations?

No one is above the law. Not even SPAK prosecutors. SPAK has the obligation to apply the law equally, otherwise we are dealing with double standards or, more precisely, duplicity!

Edi Rama has changed his destination in dozens of green and sports areas of Tirana such as:

1. Former Dynamo Club
2. Former Partizani Club
3. Former Club 17 November
4. The former Dajti Club
5. Sports fields beyond the Neurological hospital,
6. The black fields in front of the Mondial hotel,
7. The large flower garden at the unknown partisan that became an office and hotel for Fidel,
8. The large flower garden behind the Palace of Culture that has now given permission for the gradual,
9. The large flower garden at the former Mechanical Plant was turned into a palace for Rama’s friends,
10. The green area that included the former QRVA with Edi Rama’s signature was turned into 50 buildings,
11. Lulishtja at Sheshi Italia (near the Stadium) became a bar with Edi Rama’s signature.
Edi Rama did not stop with the changes of destinations in the city, but also bit the protected area of the Great Lake Park, turning it into residential areas:
a. former dry lake
b. hills above the lake
c. permit for steps to the former Lion Park bar and
d. He turned the former Sheraton hotel into a jungle of steps.

Has Edi Rama been arrested following the investigations for all this or is he above the law? Or is Louis XV’s saying, “I am the law” applied to?

What about the illegal construction permits issued by Edi Rama in sports areas without first changing the destination?

Edi Rama granted construction permits for (1) the Ambassador 3 building (where the current interior minister lives, a friend of drug traffickers and promoter of 5 prosecutors from Elbasan to SPAK), and (2) the building in front of the Selman Stërmasi Stadium, while the Urban Plan you had designated sports areas.

What about the permit for a 44-story building on the land of the former Dajti Sports Club when the Urban Plan that he approved himself allows constructions up to 9 stories?

Is Edi Rama above the law? Or is Rama the law that SPAK prosecutors must implement?

In the last two years, Edi Rama has issued construction permits even within the central area of the Butrint National Park, both at Gjiri i Manastir and Kepi i Stillo. This is a criminal offense as it is in violation of the Protected Areas Law. The National Park enjoys among the highest levels of protection, but for Edi Rama, the law seems an annoying technicality. UNESCO reacted with indignation to the destruction of the Butrint National Park for the benefit of Edi Rama and his friends, and this worries every Albanian, but apparently not SPAK.

Do you know anything about this, gentlemen prosecutors, or have you investigated and it turns out to be a cafe rumor or a political accusation?

SPAK prosecutors refused to accept as evidence Edi Rama’s statements in Congress (April 9, 2022) and the SP Assembly (May 7, 2022) where he stated: “SPAK in this case has an obligation that exceeds the citizen forbidden by family to enter in the United States… We have restrained ourselves, until now it no longer holds, In the face of this great mockery, our patience is wearing thin. Ladies and Gentlemen of SPAK, wake up! SPAK and the entire new justice system are being delegitimized”.

Just a few days after this public order of Edi Rama, the SPAK prosecutor, although there was an investigation without names, started 6 documents for property investigation in one day (29.04.2022 with protocol numbers from 3607 to 3612) investigating up to the nieces of Sali Berisha and even for the time when they were not yet born! So, not an investigation for any specific criminal offense, but an investigation of assets for 3 generations. On 12.02.2024, Edi Rama explained to us when he declared “we are the ones who guarantee justice that is free to act”, and today we are witnesses of how it is acted.

Isn’t the pressure and submission to Edi Rama proven?

The prosecutor (brought to SPAK from Elbasan) seized the civil file for defamation that Prof. Maltezi had sued Taulant Balla. This action, while the legal process was continuing in court, was a violation of the constitutional rights to a regular process.

Are SPAK prosecutors above the law and can violate the constitutional rights of citizens if they see that the interests of Taulant Balla are being violated?

Returning to the political issue during the investigations over 3 years, it has resulted that:

1. The land where the communists settled the former club was private and not public. The land belonged to the 5 founding families of Tirana and was not expropriated by Italy but temporarily requisitioned and continued to be private even in 1945 before it was looted by the communists;

2. The process of returning the property to the legitimate owners started as early as 1995. In 1996, the land owners took decisions on (i) recognition of the property, (ii) its partial return and (iii) the right of pre-emption.

3. The return of the land to the owners lasted from 1996-2007 and was confirmed by all the Property Return Commissions, the Property Return Agency and the GIS Cadastre of the Municipality.

4. Prof. Malltezi became the owner of 410 m2 of land from the return of private property that was looted by the communist regime to the 5 owner families. He bought another 2200 m2 of land from the co-owners and then three of the co-owners joined together to develop their private property;

5. From the processes of returning the property to the hundreds of legal owners and then the privatization of the buildings built on the land, the owner has no official suspected of anything;

6. There is no damage to the public finances, on the contrary, the state benefited about $800,000 from the obligation of the land owners to buy the old and occupied buildings;

7. SPAK tried to lie as if securities were taken, but it turned out that 90% of the payment – ie $720,000 – was paid in cash in the bank and only 10% of the value was made with securities;

8. There is no criminal offense since the return of property to the owners unjustly expropriated by the communist regime, or the privatization of buildings built on these properties, according to the laws approved and in force, is neither irregular profit nor corruption;

9. Although there is no financial damage to the public finances, SPAK seized from the first day all the properties, private companies and personal bank accounts of Prof. The Maltese;

10. Edi Rama, as the former mayor of Tirana, has refused to implement and has carried out actions contrary to a final court decision (criminal offense) and has caused financial damage of around 320,000 euros by ignoring the court’s decision.

11. SPAK has the legal duty to protect the public interest, public finances, but in this case SPAK has no reaction to the 320,000 euro damage from Edi Rama!

Is Edi Rama above the law? Or is Edi Rama the law for SPAK Prosecutors?

Sali Berisha has no documents and no VKM with a proper name, but he is under house arrest because SPAK “suspects” that he helped Malltez, although he does not present any evidence!

On the other hand, it is a universally proven fact that Edi Rama issued 4 corruptly personalized VKM in exchange for media favors for Bolino, even a special construction permit in KKT for the building, but SPAK does not even dare to mention the name of the Prime Minister.

Prof. Malltez was given back 410 m2 of inherited private land and is currently under arrest, Berisha does not have a firm for any m2 of public land for any of his friends and is under house arrest, while Edi Rama has so far appropriated and donated to his friends about 6 million m2 of public land on the coast, but there is no investigation!

In recent months, Edi Rama has started to share with his friends another 600 ha (6 million m2) stolen from the central area of Butrint National Park, but SPAK is getting very tired of closing its eyes, ears and reason pretending you don’t see, you don’t hear and you don’t understand.

Is Edi Rama above the law, or for SPAK prosecutors, he is the law itself?

Hoping you will honor your institution with any answers to the above questions.

Prof. Dr. Jamarbër Malltezi

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