Poor investigation or a “fine” ? Durres Prosecutor’s Office: To allow the construction of a hotel in the sand

By Boldnews.al

The Durrës Prosecutor’s Office agrees to build a hotel in the sand area near the Dajlan Bridge, for which only 10 months ago it decided to seize it, because it was rising very close to the sea.

At the end of December 2018, the Durrës court accepted the hotel builder’s request for the removal of the sequestration, as the prosecution also said pro, marking one of the most scandalous cases of the recent times in the justice system.

In March 2018, prosecutor Ornela Roundwood demanded the seizure of the hotel under construction, since initially by the media and then, based on previous actions, it resulted that the construction permit was issued in violation of the law.

Even in this case, the Durrës prosecution also demanded the arrest of the Director of Urbanism in the Municipality of Durres, Admirim Qehajaj, but that the court decided only “his suspension from office”.

In an official announcement of the Durres Prosecutor’s Office at that time, a series of violations in the issuance of construction permits were listed.

– The area where the construction permit is granted is designated as a zone of national importance and the approval of the permits is done only by the Territorial Adjustment Council (CRT), whereas in this case the permit is granted by the Municipality of Durrës;

– Until the adoption of the General Local Plan, the local authorities (municipalities) will approve the permit, with the exception of those in the area of ​​national importance, of the cultural heritage and in the coastal belt;

– construction (object of investigation) is within the boundary boundary designated as a zone of national importance, in the Coastal Zone

The hotel, at the moment of seizure (blocking). Distinguish proximity to the sea

Of the investigations conducted by the prosecution itself at that time, it turned out that the facility was only 47 meters from the seashore. The closeness of the object with the sea was clearly distinguished in film and photographic materials published by the media.

At the moment of seizure and blocking of the works, the hotel was in the stage of building the second floor.

But about 10 months later, the Prosecution finds that the construction site, albeit very close to the sea, is not in violation of law. This attitude was held by the prosecution in the judicial process, where the owner of the building sought the unblocking of his property.

On 3 December 2018, the builder addresses the court with a request for permission to attend the works. In his arguments, he discovers the fact that Durres Prosecution has never been under investigation by the builder and the blocking of his facility is unfounded.

The prosecution, in turn, admitted that it had not investigated the object owner on this case. According to the prosecutor’s representative, the municipal official was under investigation. But, according to the prosecution, investigations for former Urban Director Admirim Qehajaj will be fired, as it is not proven that he has consumed the elements of the offense “misuse of office”.

In keeping with this argument, the Durres Prosecutor relied on the court that, based on the investigative actions, it results that the construction does not violate the rules of urban planning. The building has been in compliance with the construction permit and therefore the seizure must be removed.

Following the prosecution’s stay, the court was obliged by law to accept the request for the removal of the seizure of the hotel, a decision taken on 27 December 2018.

The court’s decision to lift the seizure

Already, building the hotel has arrived on the fifth floor. After the verifications of the Durres Prosecutor’s Office, it turned out that it was no problem that the building was erected in the sand, very near the seabed.

The hotel after the removal of the sequestration

In the discretionary decision of the Court of Durres to remove the seizure, it is concluded that the actions of the Durres prosecutor’s office were deficient at the initial moment. Is it a poor investigation or has hidden other interests in this “venture” of the prosecution, this is not clear. The fact is that the hotel in the sand near the Dajlan Bridge is still being built.