Durrës Prosecution’s Response Regarding the Criminal Proceeding Initiated on the Seized Containers Aboard the Ship MOLIVA XA443A

Durrës Prosecution’s Response Regarding the Criminal Proceeding Initiated on the Seized Containers Aboard the Ship MOLIVA XA443A

In light of the news released by online media and the high public interest, we find it essential to inform the public on the progress of the investigations concerning the 102 containers seized by Durrës Prosecution Office on October 28, 2024.

The prosecution is conducting an intensive investigation into criminal case no.1596 of 2024, involving several criminal offenses, such as “smuggling of prohibited or restricted goods” as defined in Article 171, “transport of waste” as specified in Article 201/b, and “abuse of office” as outlined in Article 248 of the Criminal Code.

Initially, within this criminal proceeding, 102 containers were seized, which were transported to Albania via the ship MOLIVA XA443A on October 28, 2024.

Durrës Prosecution, taking into account the suspicions regarding the danger of the substances in the containers' materials, as well as the large volume (102 containers), and with full adherence to the best international practices for sample collection, transportation, protection, and analysis, has officially contacted all ministries, along with their entities, laboratories, and other institutions under their jurisdiction in the Republic of Albania to carry out these complex processes.

Due to the absence of infrastructure and specialized equipment required to conduct the full range of processes in line with international standards, the General Directorate of Accreditation is requested to identify private laboratories in Albania with expertise in testing hazardous substances and meeting a set of general and specific criteria, including:

- Accreditation for the measurement of heavy metals, PAHs, dioxins, and PCBs in compliance with international standards.

-The capability to establish and implement robust protocols ensuring an unbroken chain of custody to maintain sample integrity, with detailed records documenting each step from collection to analysis.

- Experienced experts in the field of chemical analysis of waste, including metal slags and thermal power plant ash.

-Validated Laboratory Information Management Systems (VLIMS) for secure data management, traceability, and report generation. 

At this moment, a laboratory has been identified as meeting the required infrastructure to ensure full compliance with all international protocols and standards. Procedures for sample collection and analysis will commence shortly.

Furthermore, we clarify to the public that the Basel Action Network and Mileukontakt Albania, represented by Jim Puckett, have reached out to Durrës Prosecutor's Office via email, requesting to be inquired as a witness and participate as an expert and observer during the sample collection and analysis process.

Following the provisions of the Criminal Procedural Code, Mr. Puckett was summoned to appear before Durrës Prosecution Office on December 4, 2024, to provide testimony and submit the evidence in his possession. Mr. Puckett submitted the evidence via email due to his inability to appear in person.

Durrës Prosecution Office has diligently and with high priority continued its investigative actions concerning this criminal case and will also continue to keep the public informed about this matter of high interest.