The physical conflict that accompanied the Spanish tourists in Porto Palermo with the owner of the "Panorma" hotel, set the Albanian state on the move. The hotel owned by Mihal Kokëdhima was destroyed yesterday by National Inspectorate of Territory Protection (ICMT). The owner of the bar is in the cell, after the court decided against him a few days ago the security measure of "prison arrest".
According to the official announcement of the IKMT, the object owned 2 square meters and was without a permit, while against payment it also used part of the beach. The demolition of the building did not meet the opposition of the Kokëdhima family members, while it was carried out in cooperation with the state police. According to IKMT, this operation will also extend along the country's coastline.
"The rush to bring justice can cost taxpayers' pockets"
"Obviously, even with a deductive calculation, you understand that in the case of the demolition of Mr. Kokëdhima's commercial facility, the notification deadlines were not respected, according to Law 9780 "On Inspection of Buildings", activist Pano Soko told Citizens Channel.
Law on construction inspectiont, in Article 12 defines the rules that inspectors must follow in checking and reflecting the minutes.
The inspectors, who must be identified with an official document, must make available to the subject a copy of the report within 5 days from the day of the inspection. In cases where this is impossible, the minutes must be posted for 10 days in the publications of local institutions and the construction site, in order for the subject to be notified of the results of the control.
Article 13 of the same law stipulates that after the detection of irregularities, which in this case were the reason for the rejection of the request for legalization of the object (file which has been in the archive of IKMT since 2015), from the signing of the minutes of the inspection in the field where the verification was carried out, must to pass up to 10 days for the demolition of the building. In this case, we are dealing with a violation of the law on the part of IKMT, which opens the way for the owner of the object to take the case to court and the likelihood of repeating the same scenario that happened in 2013 with the demolition of of the "Jon" resort in Vlora, are large.
If the controlled person or subject has complaints and is against the decision to demolish the construction or the administrative measures imposed, he has the right to appeal to the court within 10 days starting from the date of notification of the decision. Article 14 of Law 9780 states that this type of complaint does not prevent or suspend the execution of the decision of the National Construction and Urbanism Inspectorate. But if the court, by means of a final decision, decides to accept the lawsuit from the person who owns the building, this person, i.e. the injured party, has the right to request from the construction inspectorate that made the decision to demolish the building compensation for the claimed damage.
Were these deadlines respected in the action for the demolition of the building in Porto Palermo?
The conflict with the tourists happened at noon on Thursday, August 16, but the footage circulated on the Internet on Friday. According to official information, the Inspectorate carried out the inspection on Saturday, while together with the state police, it intervened in the building on August 21. So respectively on the fifth day, after the control.
According to activist Pano Soko, these actions will cost Albanian taxpayers: "These are actions that cost us as taxpayers, because the Strasbourg Court is specifically to identify violations committed by state institutions to the detriment of individuals, and it imposes heavy penalties on any state that abuses its citizens. And we are living witnesses that we have removed the decisions of Strasbourg. These arbitrary actions do nothing but increase the costs of the state budget"
Return to attention: The collapse of the "Jon" Complex in Vlora, and the winning of the trial in Strasbourg
In December 2013, after the coming to power of the Rama government, the road widening action began in order to realize the Lungomare project.
The "Jon" Complex, near Cold Water, was also affected by this project, which was accompanied by debates because the owner was the father-in-law of the leader of the opposition, Lulzim Basha. This complex received a construction permit from the local government in 2010. The government compensated the owners of the complex with 11.6 million euros, but the case was sent to the Strasbourg court, which in January 2018 received decision in favor of the owners. According to the court, the government had violated human rights and as a result must compensate the owners of the building with the figure of 13 million euros. This money would be paid from the state budget.
In this form, the decision of the Strasbourg court opens the possibility for every Albanian citizen, whose property is illegally destroyed by the government.
What happened in Porto Palermo?
At noon on Thursday, five Spanish tourists stayed to eat lunch at the "Panorma" restaurant, in Porto Palermo. Due to dissatisfaction with the service provided, the tourists refused to continue having lunch in this environment and this also brought the conflict with the owner of the restaurant, who then followed the van with which the tourists were leaving Spain. Meanwhile, he was then caught in the front of the vehicle, hitting the glass with his fists, crossing a part of the road in this way. Then the tourists informed the police of Saranda. The video shot inside the tourists' car went viral on the network, prompting the reactions of the citizens, but also of the Minister of Tourism and Environment, Blendi Klosi, who during the meeting with the family of the tourists condemned the act of the owner Kokëdhima. The court of Vlora a few days ago gave the measure "imprisonment" for the owner Kokëdhima, while he is accused of the criminal offenses: "Intimidation", other intentional damage and "Destruction of property".
*Citizens Channel /EK/
