What’s Happening with the CEZ Affair? – Exit Explains

In recent days, State Attorney Alma Hiçka and the Parliamentary Investigation Commission dealing with the settlement between the Albanian state and the Czech company CEZ have exchanged accusations. Commission Chairman Edmond Spaho had demanded that Hiçka’s presence at the hearing would be enforced, if necessary, by the police, while Hiçka sought the arrest of Spaho.

The Parliamentary Investigation Commission was established in April 2016 at the request of the opposition. The commission is tasked with the investigation of the memorandum signed by the Rama Government with CEZ to settle its conflict out of court. The opposition claims that the withdrawal of the government from the international arbitrage case was not in the interest of the Albanian state.

Moreover, the State Supreme Audit Institution (KLSh) filed a lawsuit against Minister of Energy Damian Gjiknuri and State Attorney Alma Hiçka in November 2015, as responsible for the loss of €479 million from the state budget because of the agreement signed with CEZ.

Since the start of the work of the commission, there have been constant conflicts between the majority and the opposition. Below we sketch out a chronology of the events:

June 22, 2016

Commission chairman Edmond Spaho complains at the Conference of Chairmen of Parliamentary Groups that the state institutions, in particular the Prime Ministry and the Ministry of Energy, have failed to provide the requested documentation. State Minister of Relations with Parliament Ermonela Felaj explained that the absence of the documentation is caused by the fact that some of it is part of the investigation and as such cannot be given to the commission.

December 6

Minister of Energy Gjiknuri declared in front of the commission that the government’s decision to settle the conflict was a political decision, ignoring the recommendation of the international law firm the government had hired.

This session also revealed a letter sent to Entela Çipa, councilor of Minister Gjiknuri, written by lawyer Hamid Gharavi, in which he suggests that the Albanian state not sign the agreement of understanding and continue with the international arbitrage procedure.

December 12

Minister of Energy Gjiknuri failed to testify for the commission with the justification that he was out of the country. However, Syri secured evidence that Minister Gjiknuri arrived in Tirana on that day at 08:06.

December 29

Prime Minister Edi Rama testified for the commission, declaring that solution of the conflict through a settlement was the right choice, as Albania didn’t have any chance to win the international arbitrage.

February 9, 2017

Rilindja Demokratike published documents proving that Envi Hiçka, the husband of the State Attorney, worked for the company DIA in the defense of CEZ against the Albanian state. Hiçka has full power of attorney of Josef Hejsek, CEO of CEZ. Hiçka has defended the interests of CEZ in several other conflicts, such as with the tax office of Tirana.

February 10, 2017

State Attorney Alma Hiçka refuses to testify for the commission. She demanded not to testify in front of the PD members of the commission, claiming that she had a conflict of interest with them.

Chairman Spaho and two other PD deputies, Jorida Tabaku and Helidon Bushati, denied any conflict of interest with Hiçka. Nevertheless, Hiçka refused to answer. At the end of the session, Spaho stated that Hiçka will be forced by the police to answer the commission’s questions.

February 13

State Attorney Alma Hiçka demanded the arrest of Spaho. According to her letter director to the Police of Tirana, Spaho’s insistence that she would be accompanied by the police in order to bring her in front of the commission has no legal basis and was a criminal act.

February 14

The Democratic Party files a criminal lawsuit against State Attorney Alma Hiçka for abuse of office. According to the opposition, Hiçka obstructs the parliamentary investigation of the CEZ affair.