SPAK: Here are the thefts of the directors of Veliaj

2024-03-28 18:24:00, Aktualitet CNA

The Special Prosecutor's Office against Corruption and Organized Crime, on the basis of the verifications carried out mainly, has started investigations related to criminal proceedings no. 75, dated 27.04.2023, for the criminal offenses "Violation of the equality of participants in tenders and public auctions" and "Passive corruption of persons exercising public functions", provided by articles 258/2 and 259/2, of the Criminal Code.

Likewise, the Special Prosecutor's Office, on the basis of the criminal report filed by citizen Belind Kelliçi, has registered criminal proceedings no. 121, dated 23.05.2023. Both criminal proceedings have been merged into a single criminal proceeding, numbered no. 75 of 2023.

In relation to this criminal proceeding, for a period of several months and without interruption, the necessary investigative actions were carried out, which included the administration and verification of information from open sources, the performance of proactive investigative actions, the performance of site inspections and inspections of persons, seizure of material evidence, administration of documentation of a series of procurement procedures, performance of technical and computer expertise, review and analysis of all administered evidence and documents.

From the sources of evidence gathered in the framework of the investigations of this criminal proceeding, reasonable doubts have been created that the citizens of RM and MQ are the real partners and the "de facto" owners of the company "5D Konstruksion" sh.pk. The citizens of RM and MQ have owned this commercial company indirectly, using other persons, EM, MP and NM citizens, as fictitious partners in the acts of registration and operation of the company, with whom the real partners of the company had social ties and friendly ties.

First, the conducted investigations have proven the fact that in the period 2016-2020, during the time that the RM citizen exercised the function of the General Director of the company "Tirana Water and Sewerage" sh.a, the trading company "Igor Elektrik" sh.pk and same as "VAS Konstruksion" sh.pk same as "5D Konstruksion" sh.pk, participated and was declared the winner in violation of public procurement rules in 7 (seven) procurement procedures, carried out by the contracting authority "Ujjejelës Kanalizime" Tirana" sh.a.

In these procurement procedures, the citizen of the Republic of Moldova had the capacity of the holder of the contracting authority, he ordered the performance of the procurement, he ordered the composition of the Procurement Unit, he ordered the composition of the Bid Evaluation Commission (appointing in four cases as a member of this commission the citizen MQ, which is the other indirect partner of the company), has signed the business contracts, as well as performed any other action related to the capacity of the holder of the contracting authority, with the commercial company in his possession.

Secondly, the fact has been proven that in the period 2016-2018, during the time that the MQ citizen exercised the function of the Director of the Support Department in the company "Ujjesjellës Kanalizime Tirana" sh.a., the above commercial entity participated and won in violation of public procurement rules in 4 (four) procurement procedures. In these procurement procedures, the citizen MQ had the capacity of a member of the Bid Evaluation Commission and was part of the decision-making process for announcing the winner of the procurement procedure, for the commercial company in his possession.

Thirdly, from the investigative actions carried out, the fact has been proven that the commercial company "VAS Konstruksion" sh.pk, the same as "5D Konstruksion" sh.pk, participated and was declared the winner in violation of public procurement rules, in several procedures procurement organized by the contracting authority Tirana Municipality.

Reasonable suspicions have been created that the citizen TT in the capacity of the General Director of the Public Works Planning Directorate and the member of the Bid Evaluation Commission, as well as the citizens EP, JZ and AJ in the capacity of the member of the Bid Evaluation Commission, in several procurement procedures, have favored and created unfair advantages and privileges for this commercial entity in relation to other economic operators that participated in the procurement procedures, declaring it the winner of the procurement procedure in an irregular manner and in violation of public procurement rules. There are doubts based on the fact that the citizen TT had knowledge about the real partners of the company "5D Konstruksion" sh.pk and favored this commercial company knowing which persons were the indirect owners of the company's shares.

Fourthly, the necessary evidence has been collected that proves the fact that the EZ citizen, in the capacity of the holder of the contracting authority "Tirana Parking", has favored in a procurement procedure the economic operator "VAS Konstruksion sh.pk" which is the same as "5D Konstruksion" sh. pk, creating unfair advantages and privileges for him, as well as declaring him the winner irregularly. The EZ citizen had direct communications with the NM citizen, the administrator of the company "5D Konstruksion" sh.pk, and the evaluation of the offers of the participants in the tender was made by the employees of the company "5D Konstruksion" sh.pk.

Fifthly, from the conducted investigations it has been proven that the DK citizen, in the capacity of the holder of the contracting authority Sports Club "Tirana", has favored in a procurement procedure the economic operator "VAS Konstruksion sh.pk" which is the same as "5D Konstruksion" sh. .pk, creating unfair advantages and privileges for him, as well as declaring him the winner irregularly. The citizen DK had direct communications with the citizen NM administrator of the company "5D Konstruksion" sh.pk and the evaluation of the offers of the participants in the tender was made by employees of the company "5D Konstruksion" sh.pk, giving the holder of the contracting authority to the citizen NM users of KVO members.

At the request of the Special Prosecutor's Office, the Special Court of First Instance for Corruption and Organized Crime in Tirana, with decision no. 28, dated 28.03.2024, has decided:

1. Assigning to the person under investigation RM the security measure "arrest in prison", provided by article 238 of the Penal Code, suspected of criminal offenses: (i) "Passive corruption of persons exercising public functions". in 7 (seven) cases, out of these 4 (four) cases committed in collaboration, provided by article 259 and 25 of the Criminal Code, according to the content of this provision before the changes made by law no. 43/2021, dated 23.03. 2021; (ii) "Refusal to declare, non-declaration, concealment or false declaration of assets, private interests of elected persons and public servants or any other person who has the legal obligation to declare", committed in 5 (five) cases, of provided by article 257/a/2 of the Criminal Code.

2. Assigning to the person under MQ investigation the security measure "arrest in prison", provided by article 238 of the Penal Code, suspected of criminal offenses: (i) "Passive corruption of persons exercising public functions". in 4 (four) cases, carried out in collaboration, provided by article 259 and 25 of the Criminal Code, according to the content of this provision before the changes made by law no. 43/2021, dated 23.03.2021; (ii) "Refusal to declare, non-declaration, concealment or false declaration of assets, private interests of elected persons and public servants or of any other person who has the legal obligation to declare", provided by article 257/a/2 of Criminal Code.

3. Assigning to the person under TT investigation the security measure "prison arrest", provided by article 238 of the Penal Code, suspected of criminal offenses: (i) "Violation of the equality of participants in public tenders or auctions ”, carried out in cooperation, provided by article 258 and 25 of the Criminal Code, according to the content of this provision before the changes made by law no. 43/2021, dated 23.03.2021; (ii) "Violation of the equality of participants in public tenders or auctions", carried out in cooperation, carried out twice, provided by article 258/2 and 25 of the Criminal Code.

4. Assigning to persons under EP investigation the security measure "compulsion to appear before the judicial police", provided by article 234 of the Penal Code, suspected of criminal offenses: (i) "Violation of the equality of participants in public tenders or auctions", carried out in cooperation, provided by article 258 and 25 of the Criminal Code, according to the content of this provision before the changes made by law no. 43/2021, dated 23.03.2021; (ii) "Violation of the equality of participants in public tenders or auctions", carried out in cooperation, carried out twice, provided by article 258/2 and 25 of the Criminal Code.

5. Assigning to the person under investigation JZ the security measure "obligation to appear before the judicial police", provided by article 234 of the Penal Code, suspected of criminal offenses "Violation of the equality of participants in public tenders or auctions" ", carried out in cooperation, carried out twice, provided by article 258/2 and 25 of the Criminal Code.

6. Assigning to the person under investigation AJ the security measure "obligation to appear before the judicial police", provided by article 234 of the Penal Code, suspected of the criminal offense "Violation of the equality of participants in public tenders or auctions" ”, carried out in cooperation, provided by article 258 and 25 of the Criminal Code, according to the content of this provision before the changes made by law no. 43/2021, dated 23.03.2021.

7. Assigning to the person under NM investigation the security measure "Compulsion to appear before the judicial police", provided by article 234 of the Penal Code, suspected of the criminal offense "Active corruption against persons exercising public functions". committed twice, provided for by article 244 of the Criminal Code, according to the content of this provision before the changes made by law no. 43/2021, dated 23.03.2021.

8. Assigning to the person under EZ investigation the security measure "Compulsion to appear before the judicial police" provided by articles 234 of the Penal Code and "Suspension of the exercise of a duty or public service", provided by article 242 of Criminal Justice, suspending him from the public function "Director" in the General Directorate of Cleaning and Greening, in the Municipality of Tirana, suspected of the criminal offense "Violation of the equality of participants in public tenders or auctions", provided by article 258 of the Criminal Code, according to the content of this provision before the changes made by law no. 43/2021, dated 23.03.2021.

9. The assignment to the person under DK investigation of security measures "Compulsion to appear before the judicial police", provided by article 234 of the Penal Code and "Suspension of the exercise of a duty or public service", provided by article 242 of the Penal Code, suspending him from the public function "Director" in the "Tirana Sports Club", near the Municipality of Tirana, suspected of committing the criminal offense "Violation of the equality of participants in public tenders or auctions", provided from article 258 of the Criminal Code, according to the content of this provision before the changes made by law no. 43/2021, dated 23.03.2021.

Preliminary investigations related to this criminal proceeding have not yet been completed, investigations continue for other criminal facts or for other persons who may be included in the scope of the investigation of this criminal proceeding.