SPAK gives details from the investigations/ Officials have released state secrets, accusations about Çyrbja

2024-10-21 10:34:00, Aktualitet CNA

SPAK gives details from the investigations/ Officials have released state

The Special Prosecutor's Office, on the basis of the reference made on 15.10.2024 by the Investigators of the National Bureau of Investigation, on the same date, has proceeded with the division of acts of criminal proceedings No. 93 of 2023 and the registration of criminal proceedings No. 93/1 of 2024, as well as the continuation of investigations into the consumption of elements of the following criminal offenses:

"Disclosure of secret acts or data", carried out more than once, provided for by Article 295/a/1 of the Criminal Code, without author.

"Telling the state secret by the citizens" carried out by the citizen J. Ç. more than once (according to the respective episodes), provided by article 295/1 of the Criminal Code.

"Supporting the author of the crime", committed by the citizen J. Ç., more than once (according to the respective episodes), provided by articles 302/1/2 of the Criminal Code.

"Telling of state secrets by citizens", carried out in cooperation by citizens J.Ç., and AM, provided for by articles 295/1 and 25 of the Criminal Code.

"Supporting the author of the crime", carried out in collaboration by citizens J. Ç., and AM, provided for by articles 302/1 and 25 of the Criminal Code.

"Active corruption in elections", committed by citizen J. Ç. provided by article 328 of the Criminal Code, as well as

"Passive corruption in elections", committed by citizen AH provided for by article 328/bi of the Criminal Code.

These investigations were carried out in close cooperation with the European justice authorities and the National Bureau of Investigation.

For the interests of this criminal proceeding, among other evidence, the acts sent by the French justice authorities, within the framework of mutual legal assistance in the criminal field, have been administered and it has resulted that the persons involved in this illegal criminal activity have communicated between them also through the encrypted application "Sky Ecc".

From the analysis of the acts administered until these moments, there are reasonable suspicions based on evidence that public officials (unidentified until this stage of the investigation), contrary to the regular fulfillment of their duties in 7 (seven) cases, have discovered acts which the law defines as state secrets, since their contents result in the knowledge of the person under investigation J.Ç., consuming the elements of the criminal offense "Disclosure of secret acts or data", provided for by Article 295 /a/1 of the Criminal Code, no author.

From the investigations carried out, it has been found that the secret acts through which the person under investigation J.Ç. was informed, confirmed the fact that the interlocutors of the encrypted application "Sky ECC" were persons declared internationally wanted and this information about the content of the documents and acts that according to the law constitute a state secret, was transmitted precisely to the wanted persons.

Also, the person under investigation, J.Ç., has been made aware of some operational plans of the State Police, regarding the checks that would be carried out in the Durrës area, with the aim of capturing the wanted persons and this information about the content of the documents and acts that according to the law constitute a state secret was transmitted to the wanted persons, both directly by him, and through the engagement of the other person under AM investigation, in order to enable the notification of the wanted persons, consuming the elements of the criminal offense "Telling state secrets by citizens", committed in cooperation, provided by articles 295/1 and 25 of the Criminal Code.

The information that the persons under investigation, J. Ç. and AM, have transmitted to the persons announced as wanted internationally has served as an important piece of information for these persons to remain hidden in order to escape possible capture or arrest by structures of the State Police, consuming the elements of the criminal offense "Supporting the author of the crime", carried out in collaboration, provided by articles 302/1 and 25 of the Criminal Code.

Also, from the investigation of this criminal proceeding, it has been found that the person under investigation J. Ç., at the time of committing the criminal offenses, was a member of the Parliament of Albania, who had a friendly relationship with the other person under investigation AH, declared wanted internationally for committing very serious criminal offences. The suspect J.Ç., due to his function as a member of parliament, has offered various favors to the suspect, AH, who is wanted internationally, interfering with various law enforcement agencies in Albania, with the aim of favoring him or of close family and social ties, consuming the elements of the criminal offense "Active corruption in elections", provided by article 328 of the Criminal Code.

On the other hand, the person under investigation AH, in exchange for these favors provided by the investigated J.Ç., offered the latter to vote as well as provide voters in function of his support as a candidate for deputy in the Durrës District , in the parliamentary elections of 2021, consuming the elements of the criminal offense "Passive corruption in elections", provided by article 328/bi of the Criminal Code.

For the interests of this criminal proceeding, the Special Prosecutor's Office has requested the Special Court of First Instance for Corruption and Organized Crime, the determination of the amount of personal insurance for 3 (three) persons under investigation and the court with its decision No. 126, dated 20.10.2024, decided to accept the request, assigning the coercive measure of personal security "arrest in prison" provided by Article 238 of the Code of Criminal Procedure.

This decision was put into execution by the Special Prosecutor's Office on 20.10.2024, and engaged the structures of the General Directorate of the State Police, where on 20.10.2024, it became possible for them to execute the measures personal insurance only for the two persons under investigation J. Ç. and AM, but it has not been possible to execute the measure of personal insurance assigned by the court to the other person under investigation AH, who has been declared a wanted person since January 2020, within the framework of criminal proceedings with No. 62, of 2020, of the Special Prosecutor's Office, for the commission of the crimes "Kidnapping or holding a person hostage" committed in cooperation, "Trafficking of narcotics", "Illegal possession and production of weapons, explosive weapons and ammunition", "Hiding and disposing of the corpse" provided by articles 109, 283/a, 278/1, 303 and 25 of the Criminal Code.

The prosecution requested the Special Court of First Instance for Corruption and Organized Crime to carry out some checks, requests which were approved by the court, and the judicial police executed 3 (three) court decisions, as well as carried out checks (of apartments, vehicles, and persons).

After the controls, the following items were seized:

1. Five mobile phones;

2. A Verbatim external hard drive;

3. A recording device in package form;

4. Monetary amount of 1,100 (one thousand and one hundred) euros;

5. Property documents, etc.;

Investigations continue with the administration of evidence regarding the implication of other persons suspected of being involved in this illegal criminal activity.

We take the opportunity to thank them for their help and cooperation with the Special Prosecutor's Office, during the investigations of this criminal proceeding; Europol, Eurojust and the French justice authorities.

A special thanks goes to the General Directorate of the State Police for the fruitful cooperation in the phase of the execution of security measures as well as the performance of checks./ CNA