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SPAK takes the former mayor of Pogradec, Eduart Kapri, to trial

SPAK takes the former mayor of Pogradec, Eduart Kapri, to trial

The Special Prosecutor's Office against Corruption and Organized Crime, today on 14.10.2024, forwarded to the Special Court of First Instance for Corruption and Organized Crime the "Request for sending the criminal case for trial" of criminal proceeding no. 181/ 2023, in charge of the defendants:

Eduart Kapri, in the capacity of the former Mayor of Pogradec;

Besjan Meço, in the capacity of Pogradec Municipality Lawyer;

Besmira Niko, in the capacity of Specialist at the Directorate of Planning and Territorial Development in Pogradec Municipality;

accusing them of committing the criminal offense of "Abuse of duty", carried out in cooperation, provided by article 248 and 25 of the Criminal Code.

The above-mentioned criminal procedure was registered on the basis of the acts received for competence by the Prosecutor's Office at the Court of General Jurisdiction of the First Instance of Korça.

At the end of the investigations, after the collection of evidence and after the legal analysis carried out, it turns out that the criminal fact has been documented, that with his actions and inactions, the citizen Eduart Kapri, in the capacity of the Mayor of Pogradec, in cooperation with the citizens Besmira Niko and Besjan Meço, have allowed the carrying out of works contrary to the legal provisions, of the 14-storey building, by the company Gedi sh.pk, (with administrator citizen Gëzim Kapri, brother of citizen Eduart Kapri), in the city of Pogradec.

It turns out that in 2009, the entity Gedi sh.pk received a construction permit from the Municipality of Pogradec, for the construction of the "Residential and Service Complex", 1 underground floor + 2 floors of service premises + 9 floors of residential premises, in neighborhood no. 3 of Pogradec city. At that time, the administrator of Gedi sh.pk was citizen Eduart Kapri.

In the conditions when the Municipality of Pogradec refused to extend the term of this construction permit, because the deadline for the completion of the works was 09.12.2014 and the request of the construction subject was submitted in writing on 05.11.2014 (outside the legal deadlines provided by law 107/2014 "On planning and development of the territory", and when the case was still pending before the Administrative Court of Appeal of Tirana, the Mayor of Pogradec, now citizen Eduart Kapri, with decision no. 99, dated 31.03.2016 , with the object "Permit for revision of permit conditions", allowed not only the completion of the suspended works, but also the construction of a 14-storey building, on "Reshit Çollaku" street, Pogradec, by the construction company "Gedi" sh.pk, with his brother, citizen Gëzim Kapri, as administrator.

This construction was allowed in violation of Articles 40 and 48 of Law 107/2014 "On Territorial Planning and Development", as amended, Article 66 of the Code of Administrative Procedure, in violation of Decision No. 43, dated 26.01.2015, of Administrative Court of the First Degree Korçë, thus creating unfair material benefits for the company "Gedi" sh.pk after the construction area was increased with two floors. Moreover, the giving of this decision was made under the conditions of an open conflict of interest, on the part of the defendant Eduart Kapri.

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