"I am under threat of death, as are my family"/ Former convict speaks out, accusing judicial police officer
Besmir Gjezari has been released today thanks to the Crimi...
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The name of Agim Ismail, the man investigated by SPAK as part of the structured criminal group that stole SPAK's investigative files, results after several violations and abuses of tender procedures while he was exercising his duties as the director of Prisons.
The scandals that resulted in the former director of prisons, Agim Ismaili, are laid out in a hundreds-page report by the State Audit Office.
These abuses and violations have had serious consequences, often endangering the lives of prisoners in prisons and also causing millions of lek in economic damage to the state.
In this report, resulting from the SAI's audits of prisons, Agim Ismail's dismissal from office was also requested due to his countless abuses.
The findings from the audits of the Supreme Audit Office, when the Prisons were run by Ismaili, showed that budgetary discipline was violated several times, with payments being made in violation of the law.
Specifically, the report states that procedures for the supply of food products have been found to contain shortcomings, weak controls, receipt of goods from third parties without verifying whether or not they meet the required criteria, etc.
“ The audit resulted in a violation of budgetary discipline as regards: economic, being paid in violation of Law No. 10296, dated 08.07.2010 "On financial management and control" as amended, Instruction No. 30, dated 27.12.2011 "On asset management in public sector units" points 35 and 36, with Council of Ministers No. 914, dated 29.12.2014 "On the approval of public procurement rules" as amended, Article 77, with the Contract, point V (Implementation deadline).
In the procedures for the supply of food products, deficiencies were found, weak controls as a result of the failure to establish structures dedicated to monitoring contracts; failure to foresee as contractual obligations for EOs, the elements, the type of vehicles with license plates, food certificates, transport conditions in order to maintain food safety; the commissions of the IEVPs approved at the beginning of the budget year, have risked that, by not being informed in time about the winning EO, as well as about the specific criteria of the contracts, they have taken delivery of goods from third parties, without verifying whether or not they meet the required criteria (since it is impossible to carry out supervision, in the absence of elements to be supervised); failure to complete expenditure orders with legal and financial documentation by the IEVDs, after payments to the winning EO were made by the DPB, exposing the institution to the risk of making budget expenditures without efficiency, economy and effectiveness of public funds, in the amount of 2,349,413 lek, not guaranteeing a successful contract until its full execution, being paid in violation of Law No. 10296, dated 08.07.2010 "On financial management and control" as amended, Instruction No. 30, dated 27.12.2011 "On asset management in public sector units" points 35 and 36, with Law No. 9643, dated 20.11.2006 "On public procurement", as amended, articles 59, 60, with Council of Ministers No. 914, dated 29.12.2014 "On the approval of public procurement rules" as amended, article 75 point 1 and article 77, with Contract point V (Implementation deadline) point 5 ", the report states.
These scandals, as highlighted above, have also had serious economic consequences. According to the report, these consequences are related to the announcement of economic operators as winners, in violation of public procurement rules for 5 tender procedures. This type of violation has resulted in the ineffective spending of around 127 million lek.
"Also, for failure to meet specific criteria by EOs set out in the DST, the KVOs have declared winners, in violation of the public procurement rules for 3 tender procedures, causing a value of 75,632,935 lek excluding VAT, expenses, without economy, without efficiency and without effectiveness financed from public funds, as well as in 2 procedures a value of 52,041,839 lek excluding VAT, potential risk with negative effects, without economy, efficiency and effectiveness financed from public funds, in violation of the Council of Ministers No. 914 dated 29.12.2014 "On the approval of public procurement rules" amended article 66 and with the DST" , the report adds.
As a result of these abuses and serious violations found in the field of procurement and financial management, as well as the individual responsibilities identified and reflected in the Final Audit Report, the SAI, in its report to the Ministry of Justice, requests that disciplinary measures be taken "from reprimand to dismissal" for several employees, headed by the main abuser, Agim Ismaili.
“Based on Law No. 154/2014 dated 27.11.2014 "On the organization and functioning of the SAI" Article 15 point b, in Law No. 9643 dated 20.11.2006 "On public procurement" as amended, in reference to Article 58, "Types of disciplinary measures" of Law No. 152/2013 "Status of civil servants", dated 13.05.2013 as amended and Council Decision No. 115, dated 05.03.2014 "On determining the disciplinary procedure and the rules for the establishment, composition and decision-making in the disciplinary commission in the civil service" and Law No. 7961 dated 12.07.1995 as amended, we recommend to the Minister of Justice as a superior institution, referring to the violations found in the field of procurement and financial management as and individual responsibilities identified and reflected in the relevant findings and part of the Final Audit Report, to assess the violations found and decide to take disciplinary measures "remarks up to dismissal from the civil service (for employees who are part of the civil service) or dismissal from work (for employees who are employed under the Labor Code), as follows:
1. Mr. Agim Ismali, General Director of Prisons in the capacity of Head of the CA.
2. Ms. Avidana Pali, Director of Finance, in the capacity of Implementing Officer.
3. Mr. Ardit Tabaku, Legal Director in the capacity of member of the KVO.
4. Mr. Arjan Koçiaj in the capacity of member of the KVO ", it is stated in the recommendations of the ALSHI.
Everything evidenced and listed above clearly shows the massive abuse of Agim Ismaili, at the time he headed the General Directorate of Prisons.
The hundreds-page report of the Supreme Audit Office has shown violations in tender procedures, abuses of office by Agim Ismail, who in this report "nakedly" reveals that during his tenure as director of prisons, successive scandals were committed, starting with the expired medicines with which he "flooded" the prisons, continuing with the quality of food for prisoners that was completely outside the standards and now with violations of tender procedures.
In fact, these violations committed by Agim Ismaili as head of the Prisons constitute a file for SPAK. /CNA
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