Rama's accusations, Shkodra Prosecution: Here's why criminal proceedings were not initiated for the constructions in Theth

The Prosecutor's Office at the Court of First Instance in Shkodra has reacted after the statements of Prime Minister Edi Rama, who spoke about an unauthorized construction in the Theth area.

The head of government announced that this is a construction in the heart of Theth, in violation of the law, which, although referred to the Prosecutor's Office by the relevant bodies, no action has been taken.

The Prime Minister said he was left speechless by the decision of Prosecutor Elsa Gjeli, who is supposed to protect the country's common assets, and not allow such environmental crimes.

But the Shkodra Prosecutor's Office explains in a statement why no investigation was conducted.

According to the Prosecution, we are not dealing with illegal construction, but with placing containers on top of the slate, as stated in the police report that reported the case.

REACTION OF THE SHKODRA PROSECUTOR'S OFFICE

Based on the public statements made by the Prime Minister of the Republic of Albania, commenting on the decision of a Prosecutor of the Prosecution Office at the Court of First Instance of General Jurisdiction in Shkodra, we clarify public opinion as follows:

The decision of 30.05.2025 of Prosecutor Ms. Elsa Gjeli was taken in full compliance with Article 290, point ç of the Code of Criminal Procedure, which provides that: "Criminal proceedings cannot be initiated when the fact is not provided for by law as a criminal offense or when it is clear that the fact does not exist."

In the specific case, from the full assessment of the facts and procedural acts, it was found that the facts referred to by the state police do not constitute illegal construction within the meaning of Article 199/a of the Criminal Code, for the reason that:

The structures found and referred to by the police were temporary containers without foundations, placed on stone slabs, and as such do not meet the criteria to be considered a construction object according to the standards set out in Law No. 107/2014 "On territorial planning and development", as amended.

The Police themselves, in the report of the inspection of the scene, stated that the containers were not placed on concrete foundations, but were placed on cut stone slabs.

According to Article 7, point 3, letter "i" of the Council of Ministers' Decision No. 408, dated 13.05.2015, as amended, structures that are installed for immediate and/or temporary needs, without foundations and with demountable materials, do not require a building permit, but only a prior declaration.

The IMT itself, the Municipality of Shkodra, in its letter to the Judicial Police, classified the fact as an administrative offense, not a criminal offense, and under these conditions, the institutions responsible for managing the territory should have acted.

Under these conditions, the lack of an objective element and criminal consequence, according to the applied analysis of the law, makes it impossible to initiate criminal prosecution and the Prosecutor, as an independent constitutional body, has the legal obligation to assess the facts in accordance with the law.

In a state governed by the rule of law, the functional independence of the prosecutor is guaranteed by the Constitution and by Law No. 97/2016 “On the Organization and Functioning of the Prosecution in the Republic of Albania”. The Prosecution is an independent constitutional institution that operates in accordance with the law, where every procedural decision is taken on the basis of the facts and evidence administered, and outside of any external political influence. Any attempt to directly or indirectly influence the decision-making of a prosecutor violates the principle of separation of powers enshrined in Article 7 of the Constitution.

Respect for the separation of powers is the foundation of the functioning of a democratic state and the interference of the executive branch in the decision-making processes of justice institutions, whether through public comments, can be perceived as pressure on justice institutions and damage citizens' trust in these institutions.

The decision not to initiate criminal proceedings is not an act of personal will, but a legal act, based on the fundamental rules of substantive and procedural criminal law. Any institutional concerns must be addressed through established legal channels, and not through public political messages aimed at imposing themselves on the justice system. The rule of law cannot function if the prosecutor is afraid of any lawful decision-making that may not coincide with the interests of other powers.