By Ben Andoni

The last day of the year usually brings a sense of reconciliation among people, but this was not the case of an emergency room doctor at the University Hospital Center (QSUT) who reported problems related to COVID-19. On December 30, 2020, QSUT Director Enkelejd Joti dismissed Dr. Ilir Allkja, after accusing him of violating ethical rules by spreading false information: “Doctor Allkja has misinformed the public with his statements. His statements are false and this has spread panic.” The reality is that Dr. Allkja did the opposite: he raised his voice to show the true state of Albania’s healthcare system, with the purpose of bringing this situation to the attention of both the public and the authorities in order to help improve it.

This story had actually started months ago before his official dismissal, in March 2020, at the time when the whole of Europe had begun the fight against the spread of the coronavirus. Last year, on March 10, without protective clothes, Dr. Allkja visited three patients suspected of having COVID-19. He addressed his concerns regarding this situation and lack of safety to his superiors but received no official response.

“Frightened for health and my life, the next day I launched a proactive, positive video message for a better management of the situation and the protection of as many lives as possible. Prime Minister Rama found a photo of me wearing protective clothes and accused me of being a liar and publicly lynched me using that photo as an alibi. Let me explain to the public that protective clothes are for single use, i.e. for every case, every patient, new clothes are needed”, – Allkja said. Three days later, exactly at midnight time, Dr. Allkja was asked to not show up at work and was given no explanation or official document regarding this request.

But Allkja’s act of whistleblowing, whose importance was not recognized and was penalized by QSUT, had a major impact. Following media coverage, the decision was withdrawn two days later and the doctor returned to work.Nonetheless, instead of assessing the matter fairly, head of Emergency department, Skënder Brataj, was harsh to the doctor: “You cannot be called a front-line professional, how many patients with COVID have you visited in a month and a half? 3-4-5? … How can a doctor oppose a life-saving health service? Doctor Iliri, do not tell me the urgency of Italy, France and Germany, because I know it very well”, – Brataj reacted.

However, Allkja did not stay silent but continued to appeal for improving the health system. For months, he had warned the authorities about various weaknesses of the health system since the first cases of COVID-19 appeared in Albania. Understandably, his relationship with the authorities would no longer be the same as before. “There are various ways, such as complaints to superiors, written requests, and I have used them all. Even in the meeting at the emergency room of QSUT, senior leaders of the institution have openly expressed to me that, ‘these are our standards, so either work or leave’. In this regard, there is an unprecedented arrogant attitude towards employees, towards improvement and changes required for the job. This comes as a result of maintaining a system that is capillary extended from the head of government down to the last conducting unit”, – Allkja said.

How well known is the whistleblower protection law?

People like Allkja, who “blow the whistle” at the benefit of public interest must be granted the necessary legal protection and support, regardless of their personal motivation behind the act of whistleblowing. As it usually happens in the classic form of whistleblowing confrontation, there have been attempts to belittle and humiliate Mr. Allkja, e.g. the debate with Brataj, head of Emergency department, who called him a liar: “Pseudo doctor, who deceives his colleagues and himself”.

It’s been four years since the law on whistleblower protection was passed. Yet, only a modest number of suspected corrupt practices has been exposed, whereas public perception of corruption has increased, according to the Albanian Helsinki Committee. The current problem is that even employees, who dare to denounce the system, often do not know that they can operate within the structure of a law, which is already present. It seems that even Allkja does not properly understand the law on the act of whistleblowing.

“I have applied the golden code of ethics and medical deontology. I have always made a pact with the patient, his health and his rights. I thought, I dismissed Article 55 with my peers in December of ’90! The administration of QSUT had to present the whistleblower regulation to us, and we even signed it. Otherwise, I would not have accepted the job, or I would not have broken the ‘law,’”, – Allkja wrote, misunderstanding the whistleblower law by comparing it with the notorious Law 55, which condemned dissidents during the socialist regime.

The law on whistleblowing entered into force on October 1, 2016 for the public sector and on July 1, 2017 for the private sector. But despite the trumpeting as one of the most important normative, anti-corruption acts, it has not given any results, both in the public administration and the private sector, writes Dafina Hysa on the article “Whistleblowing, the unused legal instrument”.

Why is it that only Allkja dares to report problems and other colleagues don’t? In the doctor’s opinion, who will now follow the legal path to be compensated, most anti-conformist doctors have emigrated, while others, along with him, are looking for options abroad.

“There are many doctors who only see their narrow interest, forgetting that it might be their turn tomorrow. But there are many doctors with integrity and pride who hate authoritarianism, have supported me and have even protested against the partisan administration of QSUT in the case of my dismissal”, – Allkja states.

At the end of 2019, it was believed that 168 responsible units were active in the public sector, but also almost 444 such units in the private sector. Theoretically, employees and former employees can report corruption in these units, considered as internal alerts, or to the High Inspectorate of Declaration and Control of Assets and Conflict of Interest, as external alerts. But still the results are not very encouraging – and not only in Albania, as in the case of Allkja, who didn’t apply for protection under the whistleblower law because of considering it as a law of spies (!), but also in other countries.

A study realized for the European Commission in 2017 concluded that the lack of a legal framework for the protection of EU level whistleblowers has resulted in loses between 6 and 10 billion Euros each year in public procurement alone, although slightly sometimes whistleblowers are protected and respected by citizens and the public.

It is important to put a spotlight on cases like that of Dr. Allkja, both for social and legal reasons. They are cases that lead to awareness raising on the importance of whistleblowing as an act that benefits the society but are also the true test of the legal protection mechanisms in place and the seriousness with which authorities and the society as a whole treat this phenomenon. Maybe it is time for a slogan to help people like Allkja, and there’s nothing better than what Snowden left us: “I once worked for the state, now I will work for the public.”