DP seeks motion over former SHISH director, Balla: Parliament cannot replace SPAK. Leave the investigations to the judiciary

The case of the former director of the State Intelligence Service, Vlora Hyseni, has become part of the debate at the Conference of Chairmen, following the Democratic Party’s request to hold a motion with debate in Parliament. The opposition’s request relates to the institutional responsibilities for the appointment, exercise of duties, oversight and removal of the former SHISH director. The head of the DP Parliamentary Group, Gazment Bardhi, stated that the motion requested by the opposition does not aim to interfere in the investigations of the Special Prosecution, but to address the responsibilities belonging to the institutions and to Parliament within the framework of parliamentary oversight.

He asked that Parliament discuss the role of the institutions responsible for the security and functioning of SHISH, raising questions about the manner of the former director’s appointment and oversight.

“I think the previous speaker is happy about this matter. Because he has reason to be happy about the latest developments and the reasons are known. But, as I understand it, his happiness is spoiled by Edi Rama’s worry and he too becomes unhappy for nothing, because I believe he has reason to rejoice. Secondly, the motion with debate that the opposition is requesting has nothing to do with what the prosecution is doing. There is not a single line in our request for the motion that refers to the prosecution’s investigations. But we live in Albania, there is an act of the Prime Minister and of the President that decreed the dismissal of the chief of the State Intelligence Service, because, according to information, as much as has leaked from the prosecution’s investigations, it turns out she helped a person wanted by justice and supplied him with classified information, and we are talking about a person, the head of a structured criminal group. And you have taken an approach: the institution, the institution, the institution! Which institutions? The institutions that are responsible for the situation. But what does SPAK have to do with our request for a motion with debate? We have requested a motion with debate. What business do we have with SPAK? SPAK is doing its own work and, even if we wanted to stop it, we could not! Even if you wanted to, that is,” Bardhi said.

Bardhi stated that, according to information made public in connection with the investigations, the former SHISH director is suspected of having helped a person wanted by justice and of having provided him with classified information. He described this as a matter of importance for national security and demanded that Parliament exercise its oversight function.

“Edi Rama appointed Vlora. Edi Rama must come and give an account. And the Parliament of Albania must be allowed to exercise its functions. You do not recognize national security. You recognize Gysi’s security. We say: let us talk about national security. You say no! We have entrusted national security to Gysi. Take Gysi out of prison and make him deputy chairman, and you complete this thing. You give it a solution! Prime Minister, come and tell me which foreign service asked for Vlora Hyseni at the head of SHISH. Because it could also be the Serbian intelligence service. That is why he will have to come and say here which service,” Bardhi declared.

On the other hand, the head of the Socialist Party Parliamentary Group, Taulant Balla, said that the investigations into the former SHISH director should be left to the justice bodies. Balla said that every suspicion raised by the prosecution must be investigated and clarified by SPAK, without interference or overlap from other institutions. He stressed that an official’s innocence or guilt must be determined by the prosecution and the court, while adding that the majority will not intervene in matters that are under investigation.

“According to the now consolidated jurisprudence of the Constitutional Court, Parliament cannot use the instruments of parliamentary oversight to duplicate or replace the prosecution’s competences, to verify evidence, to determine criminal facts or individual responsibilities. No instrument of parliamentary oversight, from a motion with debate to a parliamentary inquiry committee, can replace, influence, condition or hinder the full and independent investigation by SPAK prosecutors. I want to repeat here that every personal attack against SPAK prosecutors, who deserve respect for their work, must stop. The ritual of shame on two Mondays a month by a defendant in front of SPAK’s doors must stop. The political force within which this person is active must hold the first debate on this matter within itself.

Everyone is innocent until the final judgment, but no one is above the law in any case and for any reason. Our stance remains what we said on the first day of the Justice Reform: the innocence or guilt of an official, even if proposed, supported or voted for by us, once placed under accusation, is an individual matter before the prosecution and the court, and this governing majority remains faithful to this stance by not entering into the merits of any justice matter and by not acting as anyone’s lawyer when they face justice,” Balla declared.

According to Balla, the immediate dismissal of the former SHISH director from office is proof of the majority’s stance of not protecting officials who face justice.

“The immediate dismissal yesterday from office of the service director was precisely the example of this approach on our part. Meanwhile, all the institutions charged by law: the Prime Minister → institutional subordination; the Parliamentary Committee on Internal Affairs and Defense → parliamentary oversight; the President → reporting + competences over leadership; the Inspector General → inspection of activity; the Supreme State Audit/Auditing → financial control; the Prosecution/Court → legal/judicial control in the respective fields,” Balla declared.

In his speech, Balla also listed the institutions that, according to him, have different roles in overseeing and controlling SHISH’s activity, including the Prime Minister, Parliament, the President, the Inspector General and the financial and judicial control institutions.