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The two criminal facts / SPAK investigations that sent Vangjush Dako to prison

2023-06-07 15:54:00, Politikë CNA
The two criminal facts / SPAK investigations that sent Vangjush Dako to prison
The former mayor of Durrës, Vangjush Dako

The former mayor of Durres, Vangjush Dako, surrendered to the police yesterday, after it was reported in the media that SPAK had issued an arrest warrant against him and 9 officials and former officials of the Municipality of Durres.

Today SPAK revealed more details regarding the investigations and the two reports accusing the former socialist mayor.

As CNA reported yesterday, the two criminal facts that have been the subject of the investigation are the procedure for granting a building permit for a multi-storey building and completing its documentation up to the registration of the property, as well as the procedure for the procurement Consultancy Service for securing the project. Project implementation for the Coastal Promenade and the public beach from Bërryli to Currila" with a limited fund of 21,000,000 ALL including VAT.

The first fact

In relation to the fact of the procedure of granting the construction permit for a multi-storey building built by the company "XXX sh.pk", it turned out that this company submitted a request for a construction permit in May 2010, for a 7-storey building.

On September 10, 2010 by K.RR.T. near the Durrës Municipality, has approved the decisions for the approval of the destination of the square and the construction permit.

After the subject started the works, on December 20, 2010, it submitted a request for reconditioning and addition of four floors of the building, and with the decision of K.RR.T. At the Durrës Municipality dated September 28, 2011, his request for additional floors was approved, but the building permit form was not signed by the former mayor of the Durrës Municipality and the former chairman of the K.RR.T (procedure that otherwise known as the disambiguation of the construction permit), making the administrative act not take legal effect.

The investigation has proven that, despite this, the builder completed the construction of the 10-story building plus attic and in the month of August 2012-March 2013 all the ordered apartments were occupied.

During the construction of the fifth and subsequent floors, INUV near the Durrës Municipality informed the mayor of the Durrës Municipality that the building was not being built according to the project of the first permit, but according to the project approved with the second permit, which had not yet entered in force/was not clarified.

The two criminal facts / SPAK investigations that sent Vangjush Dako to prison

A year and a half after the building was completed and occupied, on October 14, 2014, the construction permit was issued by the Mayor of Durrës and the Director of the Directorate of Control and Planning of the Territory Near the Durrës Municipality, and by the builder and the employee others of this municipality, all supplementary acts were signed, which in fact should have been signed before the start of construction and during the implementation of the works, causing that the truth was not reflected in all these acts.

Despite the fact that the building was not built even according to the project approved with the second permit, since there were deficiencies in the implementation of the works, the approval act was compiled by the inspector, in which it was assumed that the building was built according to the project, when in fact it was not something like that.

Subsequently, the Territorial Planning Directorate approved the certificate of use, and forwarded it to the State Cadastre Agency, through which the registration of the property was ensured.

In November 2019, the building was damaged by the earthquake and was declared uninhabitable.

So, it turns out that all the acts compiled by the administration of the Durrës Municipality, throughout 2014, have legalized an object built before the issuance of the construction permit, and not according to the approved project.

From the above, the former Mayor of Durrës VD, the Director of the Directorate of Control and Planning of the Territory AQ Arkitekti EL, the designer MP topographers FE and AB during the compilation of the above-mentioned acts not only misused their duty, but did not reflect in the technical-legal documentation of the object the truth about the time when the works were done and the construction was carried out, causing these acts to be falsified in content.

The second fact

It turned out that in 2014, the Municipality of Durrës carried out a procurement procedure, for consulting services, providing a project called "Implementation design for the Coastal Promenade and the public beach from Bërryli to Currila".

In view of this, the mayor of Durrës VD has set up a working group composed of AQ, ATDD and BS citizens, whose members had the task of defining the terms of reference and the limit fund, based on VKM No. 444 dated 05 September 1994.

In fact, due to some errors in the calculation, the study fee and the value of the limit fund was calculated ten times higher than it should have been, according to the criteria of the Decision of the Council of Ministers.

The procurement procedure was announced with a limit fund of 21,000,000 ALL, determined and in the procurement order signed by the person under investigation VD and at the end of the procedure, the Company "XXX sh.pk" was declared the winner.

The procedure continued with the conclusion of the contract, Article 5 of which provides that 60% of the value would be repaid at the time of signing the contract and 40% in the next budget year.

In the month of May 2015, according to a hearing of the High State Control, an irregularity in the calculation of the limit fund was found, leaving the Durra Municipality administration to recover the economic damage.

On the part of the Durrës Municipality Administration, not only have the relevant measures not been taken to recover the economic damage, but in December 2015, there are data that the payment of 40% of the remaining value of the contract was made, causing the budget of Durra Municipality an economic damage of 18,000,000 (eighteen million) ALL.

In relation to this fact, it results that in cooperation between them, the persons under investigation VDAQ, DD, AT have jointly consumed the elements of the criminal offense of "Abuse of duty" provided by article 248 and 25 of the Penal Code/ CNA .co.uk





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