Accused of abuse of office/ SPAK takes the head of the Tropoja Municipality, Rexhë Byberi, to trial

2025-03-04 13:00:00, Politikë CNA

Accused of abuse of office/ SPAK takes the head of the Tropoja Municipality,

The Special Prosecution Office Against Corruption and Organized Crime has filed a request to send to trial the criminal case against the Mayor of Tropoja, Rexhë Byberi, and the Deputy Mayor of the Municipality, Mr. Abedin Kërrnaja.

SPAK specifies that this measure came after the completion of the investigations within the framework of criminal proceedings no. 1 of 2024.

According to the investigation, Byberi and Kërrnaja violated legal regulations during the procedures for opening the roads, causing damage of over 277 million lek. SPAK finds that they did not follow the mandatory procedures for approving permits and coordinating with the relevant institutions.

"The defendants are charged with the criminal offense of "Abuse of office" (more than once), committed in collaboration, as provided for in Articles 248 and 25 of the Criminal Code.

The data showed that the defendant Rexhë Byberi, in his capacity as Mayor of Tropoja Municipality, committed actions/omissions in the failure to properly fulfill his duties, in violation of the Decision of the Council of Ministers No. 408, dated 13.5.2015 "On the Approval of the Territorial Development Regulation", during the process of opening roads, according to projects approved by the Municipal Council.

Specifically, for the performance of the works cited above, based on the VKM 408, dated 13.05.2015 (as amended), for the opening of a new road, the interested party had to apply in the electronic e-permit system to the Municipality of Tropoja, as the local institution that has the authority to review and approve the infrastructure construction permit, after having verified the completion of the necessary technical-legal documentation by the applicant as provided for by the legislation for these types of works.

Specifically, Article 15 of the Council of Ministers No. 408, dated 13.05.2015 (as amended) specified the technical and legal documents that must be submitted to the e-permit system when applying for an infrastructure construction permit. Also, the Municipality of Tropoja had to cooperate with other competent institutions for the construction of the road, such as the National Environment Agency for the drafting of the Environmental Impact Assessment Report, as well as with the line Ministry (provided for in the electronic e-permit system), for the impact of the construction of the new road and the consequences of these construction works. This cooperation is provided for in Article 20, point 6 of the Council of Ministers No. 408, dated 13.05.2015 (as amended).

It turns out that the opening of roads according to the projects approved by the Municipal Council was done in violation of the legal and sub-legal acts in force, causing damage of 277,611,520 (two hundred seventy-seven million six hundred eleven thousand five hundred twenty) Lekë.

Based on the relevant legislation in force, the analysis of the proven circumstances of the fact, the documentation administered, the questioning of witnesses and the careful verification of every detail, the conclusion is reached that: citizen Rexhë Byberi, in the capacity of Mayor of Tropoja Municipality, in collaboration with citizen Abedin Kërrnaja, have committed actions/omissions that constitute a regular failure to fulfill their duty, committed in violation of the Council of Ministers No. 408, dated 13.5.2015 “On the Approval of the Territorial Development Regulation”, for the opening of roads causing damage, in the amount determined by the expert report.

Elements of the criminal offense of "Abuse of Office", provided for by Article 248 of the Criminal Code, are evidenced against the defendant Rexhë Byberi, who held the position of Mayor of the Municipality of Tropoja, as well as the defendant Abedin Kërrnaja, who held the position of Deputy Mayor of the Municipality of Tropoja.

At the conclusion of the investigations, the Special Prosecution Office has decided to request the Special Court of First Instance for Corruption and Organized Crime to send the case to trial, in charge of:

Rexhë Byberi, Mayor of Tropoja Municipality, accused of the criminal offense of "Abuse of office" (more than once), committed in collaboration, provided for by articles 248 and 25 of the Penal Code.

Abedin Kërrnaja, Deputy Mayor of Tropoja Municipality, accused of the criminal offense of "Abuse of office", committed in collaboration, provided for by articles 248 and 25 of the Criminal Code", SPAK said./CNA