Meta and Prifti corruption scandal (disputed videotape evidence)
More resultsIntroduction
On 11 January 2011, the TV programme Fiks Fare on Top Channel TV broadcast a videotape recorded by hidden camera containing conversations between two high state officials at the time, the then Economy Minister Dritan Prifti and then Deputy Prime Minister Ilir Meta. They are recorded discussing the illegal appointment of people to various public institutions and favouring subjects in tenders in return for material benefits (see here).
- Country
- Albania
- Sector
- Public institutions
- Offence
- Active corruption of officials
- Phase
- 1st instance verdict
Description of the case
On 11 January 2011, the TV programme Fiks Fare on Top Channel TV broadcast a videotape recorded by hidden camera containing conversations between two high state officials at the time, the then Economy Minister Dritan Prifti and then Deputy Prime Minister Ilir Meta. They are recorded discussing the illegal appointment of people to various public institutions and favouring subjects in tenders in return for material benefits (see here).
Prifti explained he had made the audio-visual recording in his office on 1 March 2010. According to Prifti, he made the video because of interventions, pressure and requests from Meta to favour third parties in concessions and auctions. In the recording, Meta appears to ask Prifti to intervene in a concession tender for the hydropower plant Egnatia-Shushicë in exchange for €700,000 and 7 per cent of the shares. The same video also shows Meta requesting Prifti to award the auction for the sale of crude oil to Halilaj Holding Group in exchange for €1 million.
On 24 January 2011, the Prosecutor General’s Office registered a criminal proceeding for the criminal offence of "active corruption of high state officials and local elected representatives” and “passive corruption by high state officials or local elected officials and abuse of office”, as provided for by Articles 245, 260 and 248 of the Criminal Code. Dritan Prifti submitted the video recording device as material evidence.
On 11 February 2011, a request was sent to Parliament to authorise a criminal proceeding against MP Ilir Meta. The request was accepted by Parliament on 6 February 2011.
After examining the video evidence, Albanian experts suggested that the footage had been altered with the use of animation software installed on Prifti’s laptop computer. The Albanian experts’ opinion contradicted an earlier review of the footage by British and American experts called in by the prosecution, who stated that the tape was authentic. However, the court dismissed their authentication as inadmissible and denied a third set of expert opinions.
Meta resigned as deputy prime minister in January 2011, but was acquitted by the High Court on 16 January 2012.
Later, Meta was elected President of Albania in April 2017 but was impeached in June 2021 for inciting violence and biased participation in the 2021 parliamentary election campaign.
Applicable corruption offence
Active corruption of high state officials and local elected representatives (Article 245 of the Criminal Code)
Other laws breached
Law on Concessions No. 9663, dated 18 December 2006, as amended; Decision of the Council of Ministers No. 464, dated 18 July 2007, on the implementation of Law No. 9663
Suspects' institutional affiliation
At the time, Ilir Meta was head of the Albanian party Socialist Movement for Integration and an MP. From September 2009 to January 2011, he served as Deputy Prime Minister and at the same time as Minister of Foreign Affairs until September 2010 and then as Minister for Economy, Trade and Energy until January 2011 (see Meta’s biography here).
In April 2017, Ilir Meta was elected President of the Republic of Albania, only to be impeached in June 2021.
Date of offending
The date of the offence is 1 March 2010, which is the date of the audio-visual recording.
According to the High Court’s acquittal, the Tirana District Prosecutor’s Office filed criminal proceeding no. 136 ex officio on 12 January 2011. On 24 January 2011, the Prosecutor General’s Office registered criminal proceeding no. 1 (2011) for the criminal offences of “active corruption of high state officials and local elected representatives” and “passive corruption by high state officials or local elected officials and abuse of office”, as provided for by Articles 245, 260 and 248 of the Criminal Code.
On 9 February 2011, Ilir Meta was entered into the register for the notification of criminal offences by the Prosecutor General’s Office for criminal proceeding no. 1 (2011).
Sector affected
Justice system
Related developments
Court
According to Article 141 of the 1998 Constitution of Albania, the High Court of Albania was the competent court to examine criminal offences filed by the Prosecutor General’s Office. The High Court had initial jurisdiction over criminal offences allegedly committed by the President of Albania, the Prime Minister and ministers of the cabinet, deputies, Supreme Court judges and Constitutional Court judges (Article 75.b/2 of the Criminal Procedure Code). The case was submitted by the Prosecutor General's Office to the High Court.
Current phase of the case in criminal procedure
Enforcement of judgment: the defendant has been acquitted
Procedural history
According to the High Court’s verdict on 16 January 2012, the Tirana District Prosecutor’s Office filed criminal proceeding no. 136 ex officio on 12 January 2011. Then the Tirana District Prosecutor’s Office forwarded the case to the Prosecutor General’s Office, which on 24 January 2011 registered criminal proceeding no. 1 (2011) for the criminal offence of “active corruption of high state officials and local elected representatives”, as provided for by Article 245 of the Criminal Code. On 9 February 2011, the name of Ilir Meta was recorded in the register for the notification of criminal offences by the Prosecutor General’s Office for criminal proceeding no. 1 (2011).
Resolution of the case
The Penal College of the High Court declared the defendant Ilir Meta not guilty of the charge of active corruption of high state officials and local elected representatives, as provided for by Article 245 of the Criminal Code.
According to the court’s verdict, it was not proven that the auction of the oil sale, the favouring of Halilaj Holding Group in that auction, or the offer of a €1 million benefit in exchange for favouring Halilaj Holding Group was discussed in the conversation between Dritan Prifti and Ilir Meta on 1 March 2010.
Although an independent evaluation by two foreign experts proved the authenticity of the Prifti video, the High Court declared the results of the evaluation inadmissible. According to the court, the appointment of experts was not done in compliance with the European Convention for Mutual Legal Assistance in Criminal Matters or the relevant provisions of the Criminal Procedure Code and Law No. 10193, dated 3 December 2009, on the jurisdictional relations with foreign authorities in criminal matters.
Instead, the Penal College of the High Court appointed another group of experts to examine the recording. The second examination concluded that there was a probability that the video and sound of the people in the recording had been manipulated or altered. The experts suspected that it could not be proven that the footage was the original recording. Following the second assessment, the prosecution asked the court to allow a new expert opinion by foreign experts, but the court rejected the request.
Applicable minimum and maximum penalty
For active corruption of high state officials and local elected representatives (Article 245 of the Criminal Code):
Minimum: prison for one year
Maximum: prison for five years
Charges pressed by the prosecutor in the actual case (including the penalties requested)
The Prosecutor General's Office requested the court to sentence Ilir Meta to two years’ imprisonment and a fine of ALL1 million for the criminal offence of active corruption of high state officials and local elected representatives.
Sanctions imposed
N/A
Sanctions enforced
N/A
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