Richard Nephew: Prosecutor’s Office is doing an excellent job

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The Coordinator for Global Anti-Corruption at the US Department of State, Richard Nephew, who visited Tirana, says that at the center of the talks with the Albanian authorities, was the importance of eliminating impunity and the fight against corruption, as well as maintaining the progress made in strengthening the judiciary and its independence.

In an interview for the Voice of America, Mr. Nephew states that Albania has made progress in the fight against corruption, but that there is still a lot of work to be done. He praised the work of SPAK (Special Prosecutor’s Office), as well as commented on the recent initiative of the socialist majority for a new cycle of reforms related to good governance, the rule of law and anti-corruption.

Excerpt from the interview:

Question: Mr. Nephew, what were the issues you discussed with the Albanian authorities in this first visit of yours to Albania, as Coordinator of the State Department for the fight against corruption?

Richard Nephew: First of all, I really enjoyed the visit to Albania. I have wanted to visit Albania to discuss the important work being done in the fight against corruption for several years, so I am very pleased to be here.

I think the main focus of our discussions has been the importance of eliminating impunity and the fight against corruption, ensuring that judicial reforms and the progress that has been made to ensure the independence and strength of the judiciary will be maintained.

We had several discussions and we also discussed the importance of bringing civil society and other voices into this discussion, since they often have ideas that can be really useful in the efforts for judicial reforms.

Question: The latest report of the State Department for Human Rights assesses that Albania has made progress in the fight against corruption, but on the other hand it has also been noted that corruption is present in all branches and levels of government. Does this mean that the efforts so far have been insufficient?

Richard Nephew: I think both may be true, that progress may be being made and that more progress needs to be made. The reality is that the fight against corruption is long-term. It requires a lot of persistent effort. Of course, it also requires persistent efforts where you always have to see ways to engage in reforms, in the solutions that can be found and to ensure that the bodies that are tasked to ensure the fight against corruption successfully have the ability to do so. So I think there has certainly been progress, but there is a lot more that can be done and we are here to support Albania in this effort.

Question: The Albanian government insists that it has undertaken reforms and measures to fight corruption and that the situation has improved. But we also have the reports of international institutions, which measure the perception of the public and they prove that according to the public this phenomenon remains widespread. Do you think that the Albanian government should take these findings more seriously?

Richard Nephew: Absolutely. Reports from monitoring or international organizations, or civil society organizations and others are intended to help. At the end of the day, none of us can fully evaluate and analyze, alone, what is happening in our countries when it comes to the fight against corruption.

We need the support of international institutions to be able to do this and the findings are intended to provide clear information on what can be done next. So, even if progress is being made, even if there are achievements, it is absolutely essential to find new ways to address the problems that are being highlighted by different groups, whether international organizations, civil society organizations, or others.

Question: The head of SPAK, one of the most reliable institutions in the country, has publicly stated that in the last year, public and state institutions have made fewer denunciations of corruption cases. Does this bother you?

Richard Nephew: I think SPAK is doing a great job. And of course we see all the good efforts that are being made and we are also making the best efforts to support SPAK and everything that it does, but it cannot be all in the drive against corruption in Albania.

To succeed in the fight against corruption, the efforts of the entire society and the entire government are required. Therefore, I think it is appropriate to find new ways for all the various government institutions as well as civil society organizations to contribute to these efforts to share ideas and work together as they do so.

Question: In the last two years, we have seen cases of officials or former high government officials who have either been convicted or charged with corruption. The Prime Minister has always treated this as an individual matter. Technically correct, also because legally the responsibility remains individual. But when we have a considerable number of officials, even former members of the government cabinet, doesn’t it seem difficult to believe that responsibility is only a matter of individuals. How do you see this?

Richard Nephew: Of course it is true that corruption is about individuals, individuals who commit offenses that they should not commit. But it is also true that those individuals function within a system. So when you have signs that there are a number of individuals involved in the violation, you need to see not only how to respond to them.

And that’s done by making sure that the judiciary is independent and able to function independently, that prosecutors are able to act independently, but at the same time, that you’re making the kinds of system improvements that are needed and that is why international reports and civil society organizations do all that work to identify where these needs are to carry out system improvements and, in Albania, as in many countries, when such issues are identified, it is important to deal with them face to face.

Question: Do you think that within the Albanian institutions there should be mechanisms that work to prevent cases of abuse and corruption?

Richard Nephew: I think that all institutions that have to do with parts of the state that might deal with contracts or procurement and so forth should have mechanisms to allow for the reporting of complaints, to identify those complaints and to bring them to the investigators attention.
I also think that such systems certainly exist in Albania. So I would say that instead of saying that there is a need for new or replacement institutions, we should look at making sure that the institutions that exist in the existing systems work as effectively as possible and where they don’t, find ways to improved them.

Question: Recently, the majority approved in the parliament, the establishment of a special commission for what it calls Albania 2030, which deals with the fight against corruption, reforms for good governance, and the rule of law. What is the US opinion on this initiative and will the US have a role in it?

Richard Nephew: The United States will continue to support Albania in its efforts to improve and work with existing judicial activities and to ensure that those bodies that already exist are as effective as possible. Our point of view is that any type of reform mechanism, any type of legislation that is presented needs to be comprehensive and needs to take into account the different actors that exist in the country, especially civil society organizations and others. I also think that we want to ensure that whatever additional reforms are made, they continue to preserve the independence of the judiciary and ensure that prosecutors continue to take cases forward, that they can do their work as independently as possible and based on facts. I think as we look at the reforms and as we look at the kind of work that’s being done to improve the systems here, a lot will be decided by how comprehensive they are, what all the different actors bring and that we will not lose the good progress that has already been made, to make the justice sector as independent and as efficient as possible./VOA

 

 

 

 

 

 

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