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Inside Story has obtained a previously unpublished document that talks about the first act of the agreement with a justice collaborator in Albania.
The document was signed in September 2005, just a few months after the adoption of the witness protection law.
"In Albania, in 2004-2005, preparations were made for the first time to introduce the institute of the penitent, and the prosecution for serious crimes in that period began with the first penitents. Of course, it was a new experience, an experience that proved successful in cracking down on several criminal groups that were involved in smuggling goods or people, and organized crime that was active with armed gangs in some parts of the territory," said Eugen Beci, former prosecutor.
The first person to receive the status of a collaborator of justice is Fatmir Zotaj. The first agreement signed by the former Serious Crimes Prosecutor's Office was drafted with 7 points. Point three of it recognized the status of collaborator.
Prosecutors undertake to recognize the status of collaborator of justice to the investigated person, as well as all the benefits that this status provides. They undertake to argue to the court and request that, in exchange for the data and facts provided by the collaborator of justice, depending on their importance, the reduction of the sentence or even his exemption from punishment.
"It worked from the very beginning, since in the first months we became the first collaborator of justice and discovered one of the biggest events that had taken place in that period, but I have the impression that even today as we speak, no event as big as the smuggling of cigarettes in the port of Durrës has occurred," said Eugen Beci, former prosecutor.
"I think that the prosecution of serious crimes has also had an extraordinary role in the investigation and representation and trial of very serious criminal cases, it has had an extraordinary role. But, it was the first structure in the Republic of Albania to create methodologies and raise the level of investigation to a level that had not been seen before in Albania," said Vladimir Mara, SPAK Prosecutor.
Zotaj played a key role in the discovery of a large criminal group involved in smuggling in the Port of Durres. After four days of interrogation and intensive negotiations with the prosecution, he agreed to cooperate. His family was also taken under protection.
Prosecutors also undertake, if requested by the party to the agreement, to immediately initiate procedures and argue for the adoption of special protection measures for the collaborator of justice, or persons related and associated with him, according to the law "On the protection of witnesses and collaborators of justice".
"The State Police has special structures that deal with the protection of witnesses and the protection of justice collaborators, which function normally within Albanian institutions," said Vladimir Mara, SPAK prosecutor.
"These are two times that are not very distant in fact, but there are two structures that time has placed in front of these crimes and each of them I think has had a very important role, both the Serious Crimes Unit and the Special Structure Against Corruption and Organized Crime today," said Vladimir Mara, SPAK Prosecutor.
The Agreement Act is the document that speaks of the criminal's confrontation with the truth. Of his choice to save himself and to advance justice. He becomes an enemy of the criminal system he was a part of. Such is the case of Nuredin Dumani, the pentito who has shaken the criminal world more than anyone else.
'In addition to the legal benefit that a collaborator of justice has, there may also be personal reasons that they may have towards the members of the group they are part of or for reasons that they feel some remorse for the actions committed during their criminal activity. This is seen case by case' said Artur Prenga, Deputy/President of the Elbasan Court.
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