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On Electoral Issues Democratic Party of Albania Report 4 April 21st 2021 On Electoral Issues The report reflects violations of the provisions of the Electoral Code, Criminal Code and Decision No. 9, dated 24.12.2021, "On the Rules for Reporting Public Activities of Public Institutions, Agencies and / or State Enterprises, Categories of Prohibited Activities, and monitoring the activity, behavior and use of human, financial and logistical resources of the state administration before the "Regulatory Commission, the Central Election Commission, which foresee the prohibition of public activities and the use of state resources over the day of Election. The report contains findings on monitoring the way of using public funds in order to favor people related to the Socialist Party or people with criminal records to influence elections, put pressure on administration, citizens and businesses in order to support and vote the SP as well as other problem related to the elections denounced by the media. THE SECRETARY OF THE DEMOCRATIC PARTY, IN KAVAJA BRANCH IS INJURED On Monday, April 19, in the premises of the Democratic Party's Electoral Office in Kavaja, was injured with a gun, Kavaja Branch Secretary, Bledar Okshtuni (27 years). The author of this criminal act is a citizen of Ndricim Tahiri know as Jonuz Tahiri, after changing the surname. This citizen is a pronounced criminal precedent in the field of crime against life in a European Union countries and is recognized as a supporter of the Socialist Party. At the scene, together with them, was Markel Shtylla, Chief of Municipal Police and Dorian Troplini, Municipal Police Officer. These people are recognized not only as the supporter of the Socialist Party but have friendships and are accompanied daily with the mayor of Kavaja Municipality, Redian Krali, as seen in the the picture below. 1 |Democratic Party in Albania THE DEMOCRATIC PARTY CANDIDATE IN ELBASAN IS THREATENED WITH LIFE The Democratic Party candidate in Elbasan, Lefter Gështenja is threatened with life be gangs related with the government, in Elbasan. In an interview for News 24, he stated that: "Elbasani will be crucial in these elections. Exercising pressure, for a part of the administration as well as criminal reports which we are receiving. Let me say that last night I had an incident with SP people, two crossover SUV’s that followed me near the house, threats and insults, open threat, imagine when they follow me. We debated fiercely; I was accompanied by staff girls. For the incident, I will follow the legal path. A person I have identified it. I have information that one is a criminal precedent, but it will leave it in the 2 |Democratic Party in Albania hands of justice organs. For days, whether the central and local administration is expressing pressure on voters, citizans are not allow to freely vote. I want to call on Taulant Balla to give up this method. We have Indicie that are being distributed money and help. Our groups are documenting the whole process and we will bring all those people to justice. " Link: https://www.youtube.com/watch?v=a2UdQXNmcCk Link: https://boldnews.al/2021/04/20/kandidati-i-pd-kercenohet-me-jete-nga-bandat-e- rilindjes-ne-elbasan/ CAR BURNED OF THE CHAIRMAN OF THE DEMOCRATIC PARTY IN VAU E DEJES At 01:30 am, April 18th, it was burned for political motives the car of the Chairman of the Democratic Party branch in Vau i Dejes, Ariston Drini. DECISION OF THE TECHNICAL COMMITTEE OF EXPERTS VIOLATING THE CONSTITUTIONAL RIGHT TO VOTE On April 19, the Technical Committee of Experts at the Ministry of Health and Social Protection has decided that for the next two weeks, people coming from North Macedonia and Greece are subject to 14 days mandatory quarantine due to the pandemic situation. 3 |Democratic Party in Albania This decision is entirely political and dictated by the government, in order to prevent the exercise of the constitutional right of voting by Albanian citizens living in Northern Macedonia and Greece. Based on official states such as Italy, Turkey, Sebia, Montenegro, Kosovo have a higher number of infections, but no measure has been taken against Albanian citizens living in these countries and will come to vote in the elections of April 25. The use of the technical committee of experts for political purposes comes into contradiction with Article 91, paragraph 2 of the Electoral Code and Article 6, point 3 of Decision no. 9, dated 24.12.2020 "On the rules for reporting public activities of public institutions, agencies and / or state-owned enterprises, the categories of prohibited activities, and monitoring the activity, behavior and use of human, financial and logistical resources state administration before the election. " Article 91, point 2 "Prohibition of the use of public resources in support of the electoral subjects" of the Criminal Code expressly provides that: 1. Except for the cases provided for by law, can not be used or to support candidates, political parties or coalitions in elections sources of bodies or public entities at central or local level, or any other entity where the state owns capital or quota or / and appoints the majority of the supervisory body or the administrative body of the entity, regardless of the source of capital or ownership. 2. In the sense of this article, "sources" are called movable and immovable assets provided for in Article 142 of the Civil Code, as well as any human source of the institution. With the use of "human resources" means the forced use in the election campaign of the institution's administration within the working hours for electoral purposes, as well as forced and organized use within the teaching schedule of pre-university school students in the election campaign. The use of human resources is also awarded to the promise or provision of public employees or students to participate in activities related to the election campaign outside working hours or learning, as well as exerting pressure on them for this purpose. 3. During the election campaign, it is forbidden to obtain work, dismissal, release, movement and transfer to public institutions or entities, except for legitimate cases. Considered cases of cases when the movement or release from work is due to violations, according to the relevant legislation, or the acquisition is done within the structure and organization in force before the election campaign by the institution or public entity in fulfilling its mission. Exemption Emergency cases due to unforeseen events that dictate work. 4 |Democratic Party in Albania 4. Four months before the election date until the formation of the new government after the elections is prohibited the proposal, approval or issuance of legal or sub-legal acts, which foresee the benefits of certain categories of the population, such as acts that predict the growth of the wages, pensions, economic or social support, lowering or abolishing taxes, fiscal amnesties, privatization or asset or rewards, etc., unless the initiative is conditioned by a state of natural disaster. 5. The CEC issues detailed instructions to determine the use and abuse of public resources. Article 6, point 3 of Decision no. 9, dated 24.12.2020 "On the rules for reporting public activities of public institutions, agencies and / or state-owned enterprises, the categories of prohibited activities, and monitoring the activity, behavior and use of human, financial and logistical resources The state administration before the elections, "explicitly provides that: 1. State administration employees, during the electoral period, are created the necessary conditions and is guaranteed by the non-constitutional rights and freedoms to exercise without influence freedom of expression and / or to participate in political activities, within restrictions and restrictions, determined by specific provisions of the legislation in force and in this decision. 2. The state administration employee who is registered as a candidate for elections shall be suspended from office from the moment of his / her registration as a candidate until the end of the ballot counting in the area where it is nominated. For the employees, whose employment is regulated by the Labor Code, in cases when not notifying the election run, the measure and termination of the employment relationship is taken. 3. State administration employees, during official working hours and within the facilities of state institutions, it is forbidden any kind of participation in activities of a political character or in the function of party politics / candidates or in the election campaign of an electoral subject or candidate in the election. State administration employees are forbidden to use public goods, function or state activity or financial, material, public resources, in order to favor a political party, coalition or candidate in elections. 4. The state administration employee, only after the official working hours and outside the facilities of state institutions, has the right to participate in political or electoral activities of an electoral subject or candidate in elections. 5. During participation in political or electoral activities, civil servants are forbidden to publicly express their political beliefs or preferences and campaign for an electoral or candidate. 5 |Democratic Party in Albania 6. Forced use in the election campaign of the state administration of the institution, through exerting pressure on them, as well as promise or providing benefits to public servants to participate in activities related to the election campaign
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