Assistance for Officials
- How to avoid conflict
- How to fulfil the Declaration
- Filing Deadlines
- Declaration Forms
- Declaring Entities
- Guideline for Representative Authorities
- Internal Regulation of HIDAA
- Regulation for the Prevention of Conflict of Interest
Inspector General reports to the Assembly no later than 31 May of each year about the activity performed in the preceding year, as well as whenever summoned by the Assembly. The Inspector General may ask the Assembly for a hearing on issues considered important by him.
ANNUAL REPORT 2009
The High Inspectorate of Declaration and Audit of Assets, as the Central Authority Responsible for implementation of two very important laws in the fight against corruption, the law “On the declaration and audit of assets, financial liabilities of the elected officials and certain public officials” and the law ” On the prevention of conflict of interest in the exercise of public functions”, in 2009 applied the institutional strategy, referring to the draft resolution of the Commission on Legal Affairs, Public Administration and Human Rights for 2009, as well as the European Commission’s recommendations, presented in the Progress Report 2008 for Albania.
In compliance with these two very important documents, the High Inspectorate is maximally committed to strengthen investigative capacities, increase controlling mechanisms for assets accumulated in a precarious manner, provide assistance to officials, who are subject to two laws administered by our institution, as well as prevent and avoid the conflict of interest amongst the public administration.
The High Inspectorate of Declaration and Audit of Assets, in fulfilling the institutional strategy for fight without compromise against corruption in the public administration, reinforced the mechanisms of the identification, prevention and avoidance of conflict of interest and the detection of assets established unfairly by officials through the modification of the private interest declaration form.
Modifying the private interest declaration form
One of the innovations of the new document is the specification of the obligation to declare private interests and the source of their establishment, by the adult children, left out of the family certificate, of the entities who are subject to the Law No. 9049, dated 10/04/2003 “On declaration and audit of assets, financial liabilities of the elected officials and certain public officials” and the Law No. 9367, dated 07/04/2005 ” On the prevention of conflict of interest in the exercise of public functions”. The obligation was initially applied in 2009. Through this mechanism, the High Inspectorate aims to avoid the registration on behalf of children excluded from the family certificate of the assets acquired in a precarious manner by the certain official, as well as to eliminate the unfair acquisition by this category related to the certain official as a result of public position of that entity. In addition, a given blank space in the Private Interests Declaration Form is designed for personal particulars of people related to the official (spouse, adult children, and official’s parents and his/her spouse’s parents) to whom the law provides particular restrictions like to the very officials who are subject to declaration. Through the creation of a database, the High Inspectorate already retains more complete information on people related to the official, thus further reinforcing the mechanisms of administrative and thorough investigation for identifying and avoiding the conflict of interest which are persistent.
Declaration of Conflict of Interest for Economic Operator
In the framework of cooperation between HIDAA and the Public Procurement Agency, pursuant to Article 21.1 of Law No. 9367, dated 04/07/2005 Declaration on Conflict of Interest for Economic Operator was drawn up which, since February 2009, became an integral part of the standard documents of the public procurement. In the format of the Statement there are detailed restrictions on private interests of certain categories of officials, who are deprived, because of their public function, from benefiting directly or indirectly from public funds. Upon filling in this Declaration, the representative of the economic operator declares under his/her responsibility that no official, as defined in Chapter III, Section II of the Law No.9367, dated 07.04.2009, has not private interests directly or indirectly with the legal entity he/she represents. The application of the declaration of conflict of interest for economic operators according to standard documents is an important instrument for preventing conflict of interest in public procurements.
High Inspectorate, pursuant to its legal obligations, has initiated the practice of on-site investigations to the realties, for which there are data from legitimate sources about asset concealment or false declaration (Law No.9367, dated 07/04/2005, Article 18 “Administrative investigation”). To this aim, a special team consisting of Senior Inspectors and Assistant Senior Inspectors in charge of collecting data, conducting administrative investigations and searches as well as pursuing the follow up of these cases.
In order to carry out the on-site investigation for realties and verify the truthfulness of the declarations by the declaring entities, the Inspector-General is entitled to call for independent, licensed experts of different fields, to make the reassessment of assets (Article 29 of the Law No.9049, dated 10.04.2003 –“Call for experts”) in compliance with the provisions of the Code of Administrative Procedure.In the administrative investigations conducted during 2009 for cases of asset concealment or false declaration, the calling of the evaluating experts for realties of the controlled entities, has contributed to the collection of persuasive evidences in the view of the results achieved by HIDCA, improving the control quality and conducting an overall and comprehensive control. Considering that the application of the “Call for expert” brought positive results, concrete insights, also in 2010, the application of this legal instrument will be intensified.
Declaration upon request
High Inspectorate, in order to minimize the eventual cases of transferring the private interests of officials, abusively generated, on behalf of the third parties or the justification of assets of great value in the form of “gifts”, “long-term interest-free loans”, etc., for some alleged cases, has initiated the application of the “declaration upon request”.This legal obligation, envisaged in Article 7 of the Law No. 9049, dated 10/04/2003 “On declaration and control of assets” consists in the obligation to declare the assets and sources of their establishment, by people who are not subject to law but who have linkages of private interest with the officials. While investigating the source of income of people who have common interests with the entity, HIDAA becomes able to create a clearer situation on the source of income of officials themselves and the effective detection of cases of concealment and false declaration.
1 declaration upon request
The lack of sanctions in case of refusal to declare by people related with the official constitutes a difficulty in the practical application of this important legal instrument.In the up-to-now practice there has been identified as an increasingly extended phenomenon the fact that, in periodic declarations of the legal entities there are expressed informal incomes, through related people such as:
- Informal borrowing and lending;
- Gifts of considerable value, etc.
In order to verify the authenticity of the source of the generation of such incomes, it is necessary that HIDAA administers the declarations of the related people themselves. But the absence in the Penal Code of the coercive measure and sanction in case of non-fulfilment of the obligation to declare by the related people, creates conditions to the entities themselves to use them as a source, as well as opportunities to the latter for non-fulfilment of obligation, which hampers the further extension of investigations by HIDAA. The provision 257/a of the Penal Code, “Refusal to declare, non-declaration, concealment, or false declaration of assets by elected officials and public officials” does not give any solution to the case where facing a refusal by the person related to the declaring entity, because the particular entity is subject to the criminal offence “Refusal to declare, non-declaration”. For this reason, HIDAA has proposed the amendment in article 257/a of the Penal Code by adding the people related to the official as subjects to the criminal offence “Refusal to declare, non-declaration”. The provision in the relevant article (257/a) of punitive measures for people as well related to the official, who bear the obligation to declare according to the law, according to us, will significantly affect the effectiveness of the work of the High Inspectorate, in administrative verification and investigation of periodic declarations by officials in order to eliminate the eventualities of evading the real declaration of private property interests and the resource of their establishment. Our proposal with object: amendment in article 257/a of the Penal Code is still in process.
New controlling mechanisms
The High Inspectorate, in fulfilling its legal obligation serving the control over the declaration of private interests, has expanded the number of public and non-public financial institutions to which it requires information on the private interests of the officials, the declaring entities. HIDAA already possesses data not only from public records of public institutions and second tier banks, but also from private agencies that centre on money administration and transfer.
The High Inspectorate, on behalf of the administrative investigation into private interests of officials, already obtains information from the Electricity Distribution System Operator “OSSH” and the mobile phone companies, on the expenses of electricity and phone calls made by officials. Furthermore, through contracts with the OSSH, the High Inspectorate aims to detect the eventual cases of non-declaration of real estate by officials. The entry-exit TIMS regime will help the verification for overseas travel expenditures made by public officials after the establishment of cooperation with the General State Police Directorate.
The use of data recorded in the National Registration Centre “QKR” constitutes an important innovation in the work of the High Inspectorate. Through details of the “natural persons”, or the shareholders of the private “legal persons” registered in the private “QKR”, the High Inspectorate is able to identify and prevent cases of persistent conflict of interest, which is related to incompatibility between the official function and his/her private interests or interests of the “related persons”.
Difficulties due to informality
HIDAA has found out during controls exercised for the verification of information enshrined in the declarations of private interests by the declaring entities, that the problems with the informality in recording the assets, notably the real estate, create obstacles to the effectiveness of investigations undertaken. Therefore, HIDAA in many cases has continued, in view of administrative investigation it undertakes on the accuracy and truthfulness of data in the declarations of private interest of officials, with the application of alternative mechanisms. In this framework, it’s worth mentioning the results achieved by virtue of the cooperation with ALUIZNI, where there are self-declarations for legalisation of informal constructions, where HIDAA has obtained information about undeclared assets belonging to a number of high officials.
The law obliges the declaring entities to declare their own real estate and the real rights on them, regardless of whether they are registered in the public records or not. Through the last controls and verifications conducted on the basis of data provided by ALUIZNI, it has been found out that, in some cases, the assets declared for legalisation to that Agency by the controlled entities are neither covered nor justified with the income declared by them. For the current year, the cooperation with ALUIZNI will continue for the verification of objects under the legalisation process.
Training of public administration
Following the institutional strategy, and in compliance with the Albanian Parliament’s recommendations for the further raise of the accountability of officials and Responsible Authorities as regards the implementation of the law on prevention of conflict of interest, the High Inspectorate intensified the training activities during 2009. Upon the initiative of HIDAA, in cooperation with the Training Institute of Public Administration “ITAP” and with the support of international partners, USAID, OSCE, around one thousand officials from central and local levels were trained for the correct application of legal requirements to prevent conflict between public office and private interests.
Only during the October-December 2009 period, the High Inspectorate, in cooperation with ITAP and with the support of the OSCE Presence in Albania, organised a series of training workshops with officials from central and local institutions, where around 540 officials of different levels from ministries and their subordinate institutions (Ministry of Economy, Trade and Energy; Ministry of Finance; Ministry of Interior; Ministry of Public Affairs, Transport and Telecommunication; Ministry of Environment) were trained. In the period September-November 2009, there were organised training workshops with officials from municipal administrations and municipal councils in Tirana, Elbasan, Fier, Vlorë, Pogradec, Durrës, where around 60 Responsible Authorities from ministries and other central institutions were organised. Moreover, during February-March 2009, HIDAA developed training meetings with officials from General Directorate of Customs; General Directorate of Taxation; Courts and Prosecution Offices in 9 districts of the country with a total number of around 500 attendees on how to fill in the periodic/annual declaration of private interests.
At the same time, technical assistance has been provided to each declaring entity in filling in the official document, which has visited HIDAA. The latter has provided technical-legal assistance to around 120 Responsible Authorities, on various issues, amongst which the main ones regard assistance on how to fill in the Private Interest Declaration Form, for cases of alleged conflict of interest, but also on other issues regarding the respect of legal terms and on defining the officials who are subject to declaration of private interests as well as on identification, registration, training and resolution of conflict of interest in their respective institutions.
In fulfilling the HIDAA’s obligations, for better awareness-raising and recognition of restrictions and prohibitions provided for in the law by the officials of public administration, two manuals have been drawn up which give assistance to institutions, officials in order to address and resolve the cases of conflict of interest and serve to unify HIDAA’s practice as well:
- Explanatory Manual on the Prevention of Conflict of Interest in Public Procurements;
- Manual on the prevention of conflicts of interest in local government
- (In process of finalisation) Manual on administrative investigation.
- RESULTS OF INVESTIGATION AGAINST CORRUPTION
DATA ON DECLARATION AND AUDIT OF PRIVATE INTERESTS
During the January – December 2009 period, as a result of the process conclusion for submission of declarations of private interests, the High Inspectorate administered a total of 4964 declarations, of which:
- 3875 Periodic/Annual Declarations;
- 680 Declarations before Assuming Office;
- 409 Declarations after Leaving Office.
The preliminary processing (Article 24 – Law No. 9049) is one of the early stages of the control exercised on all declarations of private interests. From the preliminary audit exercised, around 1042 declarations were found with problems such as: material errors, wrong filling, or unfilled blanks. In observance of legal obligations, HIDAA called the declaring entities, who are obliged to correct these errors within 15 days.
Arithmetic and Logic Control
Arithmetic and logic control is carried out for every declaration to HIDAA submitted by declaring entities in order to verify the accuracy of evaluation of the declared assets, the accuracy of the declared financial resources and the adequacy of coverage of assets from the declared sources and the existence of conflict of interest. From the private interest declarations submitted in 2009 (Periodic/Annual 2008 and Before Assuming the Office 2009), 3811 declarations were subject to arithmetic and logic control until 31/12/2009, of which 3688 ones have passed through the control. Therefore, the control has been completed for 96.7 % of the total number of declarations.
The full control process, as one of the important processes of the High Inspectorate’s activity, is conducted under implementation of Articles 17 and 18 of the Law no. 9367, dated 07/04/2005 “On Prevention of Conflict of Interest in Exercise of Public Functions” (PCI), where there are clearly defined the legal causes on whose basis the entities pass through the full control.
During 2009, 355 declaring entities passed through the full control, of which:
• 30 declaring entities because of the function (Article 17/2 of the Law on PCI)
• 165 declaring entities chosen by lot (Article 17/3 of the law on PCI)
• 107 declaring entities for problems found out during arithmetic-logic control (Article 17/4 of the law on PCI)
• 52 declaring entities due to the data from legitimate sources, mass-media, public, etc. (Article 17/5 of the law on PCI)
• 1 case as a “person related” with the official as declaring entity
Measures undertaken by HIDAA to strengthen the investigative capacities and legal instruments, proceeding in particular cases with an administrative investigation and mobilising special structures, have produced positive results in identifying the cases of concealment of assets and false declaration.
At the conclusion of the administrative investigation HIDAA has filed charges to the prosecution to start penal proceedings against 16 officials of various categories, for the criminal offence referred to in Article 257/a of the Criminal Code The Refusal to declare, non-declaration, concealment, or false declaration of assets by elected officials and public officials” pursuant to article 281 of the Criminal Procedure Code (Appendix No.1):
• 6 officials accused of criminal offence provided for in the first paragraph of Article 257/a
• 10 officials accused of criminal offence provided for in the second paragraph of Article 257/a of the Penal Code
Assets gained from the fiscal evasion
In the framework of the agreement on cooperation between HIDAA and the General Directorate of Taxation, and under the implementation of Article 32 of the Law No. 9049, dated 10/04/2003, the coordination of work and information exchange have intensified for cases where the assets gained by different officials resulted from concealment of fiscal obligations, as a consequence of which, following the investigation conducted by HIDAA, some officials have been fined by the taxation bodies, in considerable amounts.
Administrative measures in cases of delay in declaring the private interests
The High Inspectorate has applied the administrative measure “fine” for non-declaring periodically within the set deadline and without reasonable causes against the official or the person related to the official, who bears the obligation to declare, against 37 officials. The administrative measure “fine” was imposed also for non-submission of the declaration of private interests “after leaving the office” where some officials of senior functions such as former members of Parliament, former directors, etc. were subject to this administrative measure. In 2009, however, thanks to the awareness-raising work of HIDAA as well as the provision of legal and technical assistance, awareness-raising is noticed amongst the declaring entities for the observance of the legal terms.
INFORMATION ABOUT CONTROLLING, IDENTIFYING, PREVENTING AND RESOLVING THE CASES OF CONFLICT OF INTEREST
High Inspectorate, in the capacity of the Central Authority Responsible for law enforcement to prevent conflict of interest, has improved and unified the practice for controlling conflict of interest by increasing the effectiveness in detecting, handling and resolving the situations with conflict of interest situations in the ranks of public administration.
(a) Direct control on the declaration of private interests of the entities who bear the obligation to declare for the existence of the conflict of interest;
According to the legal definitions, where, at the end of the arithmetic& logic control process, appear data establishing reasonable suspicion on existence of a state of conflict of interest, the Inspector General according to the circumstances and the need authorises working groups for the initiation of an administrative investigation in order to address and resolve them.
During 2009, after verifying the persistent conflict in the phase of arithmetic and logic control, 148 cases passed through further proceedings, of which 55 cases have been completed. At this stage, around 64 cases are under addressing and resolving process.
(b) Thorough verification and administrative investigation of the conflict of interest
HIDAA has also initiated the administrative investigation for several alleged cases of conflict of interest and, in conclusion, appropriate sanctions “fine” have been imposed against 8 senior officials because they have not resolved in due time and manner the conflict between public function and their private interests. Imposition of respective sanctions for identified cases of conflict of interest is part of the High Inspectorate’s strategy. Since 2005, when the law “On the prevention of conflict of interest…” came into force until the end of 2008, HIDAA has put emphasis on training of officials to understand the legal requirements. In early 2009 and ongoing, the High Inspectorate applies, along with the training, the imposition of administrative measures as defined in the law.
Moreover, during the 25 February-31 March 2009 period, HIDAA exercised inspections to the Authorities Responsible for the prevention of conflict of interest, on the fulfilment of duties and responsibilities defined by law, to 86 institutions of the public administration. During the inspections improvements were noticed as regards relations with HIDAA, but problems are still found in managing the process of declaring the private interests, particularly it is noticed the need for frequent trainings regarding the law on the prevention of conflicts of interest and the concrete role of these structures in its observance.
(c) Verification, investigation and detection of cases of conflict of interest in cooperation with the state institution and the general public.
Following HIDAA inspections to public institutions and cooperation with responsible authorities of institutions and public administration, there are identified, addressed and prevented 121 cases, after information obtained from the Responsible Authorities of the public institutions; after the information obtained via different ways of communication with the High Inspectorate (mail, e-mail, phone calls, etc.), and the mass-media:
- In 19 cases, the appointment to a different office of officials who had private interests which ran counter to the public function has been avoided. Information has reached the High Inspectorate through the cooperation and direct communication with the Responsible Authorities.
- 17 cases of conflict of interest were presented by various institutions of public administration, addressed and confirmed in the High Inspectorate
- 36 cases were identified by the Responsible Authorities of central institutions of the public administration
- 48 cases were identified by the Responsible Authorities of the administration of local governance (municipalities, communes, region)
- 1 case of conflict of interest imparted via mass-media, which was followed by a full administrative investigation.
Remedy of consequences from acts undertaken in the circumstances of conflict of interest
Along with the controlling and sanctioning role the HIDAA exercises on public administration officials, with regard to the correct implementation of law on prevention of conflict, HIDAA is charged with the task to guarantee the right and fair decision-makings by administration and ensuring the best interest of the public.
In this context, the High Inspectorate has come to find out that legal instruments should be activated in order to affect the remedy of legal consequences of acts undertaken in circumstances of conflict of interest in cases where the responsible institutions do not provide solutions. This phenomenon, noticed in most cases, makes imperative the need that not only the public, but also the stakeholders affected by an act undertaken in circumstances of the conflict of interest, should be more active in denouncing the concrete cases and require the intervention of HIDAA, as the Central Authority responsible for law enforcement to prevent conflict of interest. HIDAA, in evaluating all cases and denouncements submitted by interested parties or civil society, has undertaken the procedures for initiation of administrative investigation.
In order to increase the effectiveness of the controls exercised for cases of conflict of interest and the remedy of legal consequences of acts undertaken in circumstances of conflict of interest, HIDAA must be entitled as a party, to initiate a judicial process, with the aim to finalize the administrative proceeding initiated upon its initiative or upon request by concerned parties, helping to remedy the legal consequences of an act undertaken/issued in circumstances of the conflict of interest.
The Law on prevention of conflict of interest provides in its Section 40/6/a the obligation of public institutions, that, when their act becomes invalid because of the conflict of interest, they should undertake procedures of disciplinary punishment of officials who acted in bad faith; the transfer of the burden of compensation for the caused damage to the official in question, asking the court, as the case be, to award the compensation to the institution for the moral damage caused by illegal acts of the official in question; and filing of a lawsuit when it is deemed to be dealing with a criminal offence. In cases where the institution itself does not undertake the initiative, the action is undertaken by HIDAA in cooperation with the Advocacy of the State (Article 40/6/c). In this context, HIDAA signed in March 2009 the cooperation agreement with the Advocacy of the State, in order to make concrete and coordinate the practical application of this legal obligation.
- DOMESTIC AND INTERNATIONAL CONSOLIDATION
INTERNAL COOPERATION AGAINST CORRUPTION
Problems with the Prosecution Body
One of the main recommendations of the Albanian Parliament on the activities of the High Inspectorate during 2009 was to strengthen the cooperation with other institutions, putting emphasis on relations with the Prosecution body, with the aim to prevent the corruption and economic crime.
Pursuant to this recommendation, but also in respect of the Memorandum of Cooperation signed between the two institutions in 2008, the High Inspectorate is highly committed to inter-institutional cooperation in the fight against corruption. This is evidenced by the growing number of lawsuit cases filed by HIDAA. But in 2009, the High Inspectorate was facing an unfavourable situation against the attainment of the scope of its work. HIDAA has observed that the prosecution body applies different standards for similar cases, even though formally procedures of the administrative investigation and attestation with written evidence are the same for all cases. HIDAA finds that for officials, mostly local ones, the prosecution performs a serious job for sending cases for judgement. This initiative is not noticed in cases where HIDAA denounces the senior officials and where it is attested that they do not justify the legitimacy of the considerable wealth they created. Such a statistic is evidenced by the paper of the General Prosecution office, the Directorate of Investigation, Control and Penal Proceedings and Prosecution with ref. no. 611/1 AK, dated 19/02/2010 according to which it appears that out of 15 requests for initiation of criminal proceedings made by the High Inspectorate:
- 11 criminal proceedings have been closed, of which 8 proceedings have been sent for judgement and 3 have been dismissed
- Among 8 proceedings sent for judgement, 7 persons were convicted as guilty and the innocence has been given to one person.
The presented information indicates that in the 3 proceedings dismissed by the Prosecution body there are precisely senior officials who were not able to justify with lawful sources their wealth reaching several hundred thousand Euros.
- Meanwhile, the High Inspectorate has strengthened the cooperation with other public structures for detecting the corruptive element. In May 2009 the High Inspectorate was one of the six central institutions which signed the Memorandum of Cooperation for the establishment of the Joint Anti-Corruption Unit, in composition of which there are also the General Prosecution Office, the Ministry of Interior, Ministry of Finance, State Intelligence Service and the Supreme State Audit. The inter-institutional coordination and synergy for the fight against corruption are in the core of this act.
- Furthermore, in the framework of institutional cooperation the High Inspectorate signed in March 2009 cooperation agreements with four other state agencies as well; a) with the General Directorate for the Prevention of Money Laundering; b) with the General Directorate of Taxation; c) with the Advocacy of State d) with the General State Police Directorate.
- The High Inspectorate appraises the good and correct cooperation established with all banking institutions, non-bank financial institutions and bodies which administer public records. Cooperation with these institutions represents a particular importance in investigative work of HIDAA, especially in cases of investigation for concealment of obligations or banking financial transactions performed by the declaring entities or the persons related to them.
- Moreover, it is worth appraising the results achieved thanks to the cooperation between HIDAA and General Directorate of Taxation for the detection and punishment of officials who have created assets by way of carrying out illegal activities.
- On the other hand, in the framework of the cooperation agreement with the General Directorate for the Prevention of Money Laundering, the synergy and coordination of work have been intensified for timely exchange of information that is necessary for every irregularity or reasonable suspicion observed during controls,
- HIDAA, with the support and funding of international partners, organized round tables with various institutions (INSTAT, General State Police Directorate) during the February-April period.
- In the framework of strengthening cooperation with the structures responsible for fighting corruption and fostering of the investigative capacities, the administrative investigation staff of the High Inspectorate along with representatives from the Joint Investigative Unit for Fighting Economic Crime and Corruption attended a 3-day meeting hosted by USAID and OPDAT on administrative investigation and inquiry.
- The High Inspectorate has participated in several round tables organised by OPDAT on money laundering and financial investigation, in training activities organised by the General Directorate for the Prevention of Money Laundering in the frame of the Twinning Project with the Federal Criminal Police Office of Germany under the topic “For the fight against money laundering and financial crimes”; to the workshop with the topic “Personal data protection for the police and judicial cooperation in criminal matters” organised on the occasion of the establishment of the Office of the Commissioner for Personal Data Protection, etc.
During 2009, HIDAA has been very active in the field of international cooperation. For the reporting year, the High Inspectorate had the role of the expert institution, which is made evident by the visits of high level representatives of counterpart institutions of Montenegro, Kosovo, Ukraine and Kyrgyzstan. At the same time, representatives from the High Inspectorate signed the Memorandum on Cooperation with the counterpart office of Slovenia in May 2009 as well as intensified the relations with the agencies of Montenegro and Kosovo.
In the framework of the institutional strategy and recommendations by the Albanian Parliament to strengthen cooperation and support for the civil society and media on corruption cases, the High Inspectorate is highly committed to carry out the transparency.
1. For the first time an institution, whose activity is focused on investigation, performed an activity of a high transparency level. In April 2009, with the support of our partners (USAID) the “HIDAA with open doors” was organised in the premises of HIDAA, in which representatives from media and civil society were closely informed of the functioning manner of the institution. The high participation in that event testified the appraisal for it. One of the most important elements of the activity was the transparent lot drawing for the selection of 4% of officials to pass through the full control, a legal obligation determined in article 17, points 3, 4 of the Law “On Prevention of the Conflict of Interest.” The electronic selection of the names of officials by drawing lots was conducted by the public who attended the event demonstrating maximum transparency with the general public.
2. In the framework of cooperation with media and civil society, with the support from United State Agency for International Development (USAID), HIDAA organised three regional meetings in Vlora, Shkodra and Korça. The topic broadly dealt with was: “Media, Civil Society and HIDAA – cooperate to detect the cases of conflict of interest and declaration of assets”. Such activities serve to further consolidate relations between the institution and the stakeholders of the civil society.
3. On December 9, 2009, on the occasion of the International Day Against Corruption, in cooperation with the Organisation for Security and Cooperation in Europe (OSCE), HIDAA organised a meeting with representatives from main institutions of investigation and NGOs with the aim to strengthen the cooperation between public institutions and civil society for the creation of strategies on improving the public image of the state administration and achieving success in the fight against corruption.
4. Moreover, following the public transparency, HIDAA has made publicly available the free line (0800 9999) and the e-mail address: (firstname.lastname@example.org), in order to denounce the corruptive affairs, for concealed assets and detection of cases of conflict of interest amongst the public administration.
5. In the January-December 2009 period, the High Inspectorate made available to the media, the civil society and other interested people around 1000 copies of the declarations of private interests by officials at various levels and supported two Albanian NGOs in drafting their own reports on the declaration of assets by officials of different levels.
7. The High Inspectorate has been active in the written and visual media with frequent announcements with regard to not only its institutional activity but also the institutional concerns.
- FINANCIAL PERFORMANCE
As regards the budgetary & financial performance, HIDAA has acted pursuant to the state budget for 2009, relying on the most necessary institutional demands and needs as well as in observance of the legal obligations provided for in the institutional legal framework.
Based on the Law Nr. 10025, dated 27/11/2008 “On the State Budget for 2009″ and the Instruction No. 2, dated 12/01/2009 “On the State Budget for 2009, the High Inspectorate, has been awarded a planned fund of 93 million 101 thousand and 520 lek ALL. Out of the general budgetary fund for the reported period, namely the year 2009, the High Inspectorate made use of a budgetary value of 88,195,506 lek ALL as per specific items provided for in the budget, so acting in compliance with the legal requirements.
In carrying out the operational costs, the High Inspectorate has been relying on a more rational distribution of demands which relate to:
- Verification and administrative investigation of the private interests of the officials in the country and abroad;
- Vocational training and qualification of the High Inspectorate’s staff themselves;
- Vocational training and qualification of the Responsible Authorities and the officials of various institutions through organisation of trainings and workshops;
- Upgrading the transparency level and standards as one of the most important elements in identifying and preventing the conflict of interest;
- Allocation of expenditures for various publications;
- Realisation of compulsory expenditures for: taxes and duties, electricity, water, toll-free mailing and telephone services for the public, thus serving a normal institutional activity;
- Enhancing improvement in registration, storage and information technology.
The Realisation of operational costs for the reporting period is to the extent of 99.8% of the fund allocated for our institution. The saving achieved in operational costs, despite the impacts caused by the increasing prices for goods and services in 2009, has come as a result of savings in the procurement processes and the rational use according to the specific needs of the institution.