The Special Prosecution Against Corruption and Organized Crime (SPAK) has published its annual report for 2024, detailing its investigations and progress in the fight against corruption and organized crime. While highlighting key achievements, the report also outlines persistent challenges that require legislative amendments and institutional support to be effectively addressed.
External Pressure on SPAK
One of the primary concerns raised in the report is the external pressure exerted on SPAK by organized crime, political actors, and the media. According to SPAK, such interference threatens not only the institution’s constitutional independence but also the effectiveness of its investigations and the integrity of its prosecutors. The report calls for a more coordinated response from responsible institutions to safeguard SPAK’s autonomy.
Unclear Status of Special Prosecutors After Mandate Expiry
Another unresolved issue noted by SPAK is the lack of a clear legal framework defining the status of special prosecutors after their mandate ends. This uncertainty could negatively impact the professional standards of investigations and the continuity of critical cases.
Shortage of Legal Advisors
SPAK emphasizes that the absence of legal advisors has adversely affected the quality of investigations and the defense of cases at all levels of judicial proceedings, including the Constitutional Court.
Low Number of Case Referrals from Public Institutions
A significant challenge remains the low number of case referrals from state institutions, including the State Police, regarding corruption and organized crime. SPAK urges greater collaboration and commitment from these institutions in the fight against criminal activities.
Case Management System Development
SPAK reports that the development of its case management system modules was completed in December 2024. However, the process has been temporarily halted due to the conclusion of ICITAP's support project. SPAK expects the system to be finalized within 2025 with funding from the European Union.
SPAK’s Analysis Unit
The establishment of an analysis unit to support complex investigations and international reporting remains a challenge. Currently, SPAK is collaborating with international experts to adapt a suitable model tailored to the institution’s requirements.
Extradition Issues and Jurisdiction of Special Courts
The report also highlights the lack of jurisdiction of special courts over requests from foreign authorities regarding the recognition and enforcement of criminal decisions. Additionally, SPAK continues to face difficulties in extraditing Albanian nationals who have been located or arrested in the United Arab Emirates.
Legislative Amendments Proposed
To address these issues, SPAK recommends amendments to Organic Law No. 95/2016, which governs the organization and functioning of institutions combating corruption and organized crime. Furthermore, SPAK suggests changes to relevant legislation to enhance the institution’s effectiveness in tackling crime and corruption.
As SPAK continues its mission, the report underscores the necessity of stronger institutional backing and legal reforms to ensure the integrity and success of its work in Albania’s justice system.