Accused of abuse of office / SPAK sends the case of Jorgo Goro to trial

2024-09-22 10:48:00, Aktualitet CNA

The Special Prosecutor's Office against Corruption and Organized Crime has conducted investigations within the framework of criminal proceedings No. 189, of 2023, which deals with the criminal offenses "Abuse of duty", "Forgery of documents", "Forgery of seals, stamps or forms", "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" and "Cleaning of the proceeds of a criminal offense or criminal activity", provided by articles 248 and 25, 186/2, 190/2 , 257/a paragraph 2 and 287 paragraph 1, of the Criminal Code. After carrying out the investigative actions, the Special Prosecutor's Office addressed the Special Court of First Instance for Corruption and Organized Crime, with a request to send the case to trial, with the following citizens as defendants:

Jorgo Goro, former Mayor of Himarë Municipality at the time of committing the criminal offense, accused of committing the criminal offense "Abuse of duty", committed 2 times, and "Refusal to declare, not declare, conceal or falsely declare assets, interests private information of elected persons and public servants or any other person who has the legal obligation to declare", provided by articles 248 and 25 and 257/a paragraph 2, of the Criminal Code;

Jerasimo Bashi, former Director of the Directorate of Land Management and Protection at Himar Municipality at the time of the commission of the criminal offense, accused of committing the criminal offense "Abuse of duty", committed 2 times, provided for by article 248 and 25, of the Code Criminal;

Bilbil Aliaj, former Director of ZVRPP, Vlora local branch, at the time of the commission of the criminal offense, accused of committing the criminal offense "Abuse of duty", provided for by article 248 and 25, of the Criminal Code;

Vezir Gjikokaj, former Lawyer of the ZVRPP, Vlora local branch, at the time of committing the criminal offense, accused of committing the criminal offense "Abuse of duty", provided for by Article 248 and 25, of the Criminal Code;

Stavri Mëhilli, accused of committing the criminal offense "Forgery of seals, stamps or forms", "Forgery of documents" and "Cleaning of the proceeds of a criminal offense or criminal activity", provided for by article 190/2, 186/ 2 of 287, of the Criminal Code.

At the end of the preliminary investigation, it was proved that the defendants Jorgo Goro and Jerasimo Bashi, in cooperation between them, in two separate episodes, committed actions and omissions contrary to the law, in regular failure to fulfill their duties.

In relation to the first episode, the investigation showed that the former mayor of the Himarë Municipality, the defendant Jorgo Goro, in cooperation with the Director of the DMMT near this Municipality, the defendant Jerasimo Bashi, sent to the ZVRPP Vlorë for property registration purposes, letter No. 731 Prot., dated 18.03.2019, attached to which was documentation which clearly contained false data, at a time when near this Municipality, this documentation was well-administered and with authentic data of the property divided by law No. 7501, in favor of the citizen FM Although in the case under investigation it was quite easy for the former officials of the Himar Municipality to confirm or not the authenticity of the AMTP and Form No. 6, submitted by the defendant Stavri Mëhilli, as required by law, the co-defendants sent a request for property registration (No. 36/36/1) with false content (the forwarded letter itself) but also with attached documentation of proven fake.

In relation to the second episode, the criminal investigation proved the fact that the defendants, in cooperation, have confirmed a survey plan with a geographic location of property No. 36/341, completely different from what corresponds to the property documentation. Even to this property, the defendants have given a new number (36/35) not based on any facts and completely in excess of the powers recognized by the law. This survey plan confirmed by the co-defendants served for the entire property development procedure until the issuance of the Building Permit in the name of the company "AG.TCC" sh.pk

Both of these assets, as they are proven to have been created as a result of forged documents and other illegal actions of public officials, at the request of the Special Prosecutor's Office, have been placed under preventive seizure, namely by criminal decision No. 107, dated 28.09.2023, and No. 176, dated 28.03.2024, of the Special Court of First Instance for Corruption and Organized Crime.

Also, the defendant Jorgo Goro is proven to have fully consumed the elements of the criminal offense provided by article 257/a paragraph 2 of the Criminal Code. From the criminal investigation, it was fully proven that in the real estate of the apartment type, with a total area of ??81.41 m2, with an address in Tirana, currently registered in the ownership of the citizen GS, the defendant Jorgo Goro is the de facto owner, having rights over it and property interests. On the other hand, referring to the Declarations of Private Interests of 2020 and following, compiled and signed by the defendant Jorgo Goro, in the capacity of the local elected entity, there is no trace of the declaration of his or his family members' interests on this property, expenses possible for its ordering or purchase, possession or ownership rights over it. For this reason, at the request of the Special Prosecutor's Office, the property in question has been placed under preventive seizure based on Decision No. 28, dated 31.07.2024, of the Special Court of Appeal for Corruption and Organized Crime.

Regarding the defendants Bilbil Aliaj and Vezir Gjikokaj, the criminal investigation has proven that these citizens, in cooperation with each other, have issued the certificate from the mortgage documents No. 40, dated 17.02.2020, in the name of the FM citizen, performing illegal actions which constitute a regular failure to fulfill the duty. Specifically, in violation of Law No. 33/2012 "On the Registration of Real Estate", its article 3, which provides for the implementation of its provisions for the registration of all real estate located within the territory, based on acts of acquisition of ownership..., the defendants in cooperation, have carried out concrete actions by accepting as a legal document a falsified deed-form (AMTP No. 9677, dated 07.02.1994), regarding the area of ??5512 m2, of the "Truall" type, as well as Form No. 6, which refers to the same property, also proven to be forged, in the name of citizen FM. Then, on the basis of these forged forms, the defendants Bilbil Aliaj and Vezir Gjikokaj signed the confirmation from the mortgage documents, which proves the registration of ownership in an unmanaged area.

Regarding the defendant Stavri Mëhilli, the criminal investigation has proven that this citizen has used two forged forms more than once. The defendant submitted a request to Himar Municipality on 11.03.2019, with the object "Registration of his properties that he disposes of with AMTP in the place called "Llangadhaqa" and "Perivolo", against the laws in force". Attached to the request, the defendant has attached the Land Acquisition Act No. 9677, dated 07.02.1994, which has been proven to be falsified in content, in the part related to property No. 36/36/1, located in Perivolo, with an area of ??5512 m2, of the "Truall" type. Likewise, this form (AMTP), referring to the act of technical expertise - graphic No. 5227, dated 20.06.2023, carried out by the Tirana Scientific Police Institute, turned out to be forged in the signature of the citizen K. Gj., Chairman of the Commission and the signature of the citizen M. Gj., Representative of the District in the Commission . This act turns out to be the basic one, used throughout the property registration procedure. The defendant, Stavri Mëhilli, is proven to have presented and used another form which has been proven to be forged. It is about Form No. 6 (List of Families who took ownership of land), Gjilek village, Vlorë District. In this form presented and used by the defendant, which served as a basic document for the registration of the property identified with number 36/36/1, which contains false data regarding the area of ??5512 m2, from the deed of expert examination, the signature of the citizen K. Gj., Chairman of the Land Commission in the village, was proven to be forged. The use of these two forms includes the entire procedure followed, starting from Himarë Municipality and ending at ASHK Vlorë. In addition to these two forms, the defendant Stavri Mëhilli is proven to have used two other forged documents more than once, namely letter No. 1492/2 Prot., dated 22.07.2019, and letter No. 1492/1, Prot., dated 22.07.2019. These falsified documents, it turns out, were used by the Prosecutor's Office of the First Degree of the General Jurisdiction of Vlora, as well as by the notary SH, which drew up the "Promise to Sell" contract, with No. Rep. 836; No. Col. 559, dated 25.07.2019.

The defendant Stavri Mëhilli is also proven to have sold the property obtained from the commission of criminal offenses according to article 186/2 and 190/2 of the Criminal Code, being fully aware of its criminal origin. The transaction was carried out against the financial benefit and the transfer of the property was made with the purpose of hiding the illegal origin, this is an objective form of committing the criminal offense, provided for in the letter "a" of the first paragraph of Article 287, of the Criminal Code./ CNA