Appeal overturns the decision of the Tirana Court
The trial will resume normally. Meksi reappears among the witnesses
TIRANA - There will be no new investigations into the Arsidi case, but perhaps only new witnesses, among them possibly Meksi. The Court of Appeal has upheld the line taken by the Prosecutor’s Office—and thus the others as well—overturning the proposal of the Tirana Court. This was decided yesterday morning, when the decision of the trial panel was rejected; on 22 January this year, that decision had caused a sensation in the Arsidi trial. At 10:30, Zyli Beqja, the appeals judge, after hearing for about an hour and a half the defence represented by the lawyers of the five defendants—Hoti, Xhyheri, Ahmeti, Saliu and Tartari—and the opposing arguments of prosecutor Duka, ruled: “To set aside the interlocutory decision of the Tirana Court and return the case for the trial to continue before the same panel of judges.”
“With my interlocutory decision, I did not order the Prosecutor’s Office to bring criminal proceedings. I only gave guidance that they be investigated and, if evidence emerged, action should then be taken.”
The trial concerning the biggest financial scandal in Albania will resume normally, with the same people who were there at the outset. “There is no reason to implement the decision proposed by the Tirana Court,” Begja explained to the Albanian Gazette immediately after the hearing, “indeed, in this case we are dealing with serious procedural violations.” Andi Çeliku, chairman of the trial panel in the Arsidi case, remains firm in his position: “There has been no violation here,” he told the Albanian Gazette. Meanwhile, a further clarification has come from the Court of Appeal: “Under the existing laws, the court is renewed periodically, and Meksi will be one of the witnesses in this trial. However, for the prime minister, the testimony may be somewhat unusual: he can provide clarifications about this case without coming to court, by means of a notarized statement.”
Beyond the disputes, the Tirana Court has no choice but to comply with the Court of Appeal’s decision and reopen the trial. The panel will be the same one: “This is a decision I have to implement,” says Çeliku; “the trial will resume where it left off.” Thus, after the testimony of the 17 people called by the defence has concluded, their request for further witnesses is expected to be repeated. On the previous list, alongside the names of Meksi, Simoine and Piazzoli, ...
The trial concerning Albania’s biggest financial scandal a notarized statement.”
It is still too early to give an exact date for the resumption of the Arsidi trial. “We, as a court, have to receive a copy of the written-out decision,” Çeliku explains, “and once we have examined it, the trial will resume. There is no obstacle to reopening it normally.” So, if the cycle of witnesses concludes, the turn will come to
The defendants in the Arsidi trial (photo: H.Pustina)
The “duel” of the constitutions begins
The opposition publishes its draft
ANDREA STEFANI
TIRANA - Although it still has no Constitution, Albania now has two drafts of its future fundamental law. The opposition parties—PS, PSD, PAD and PDNJ—will begin publishing their three versions of the draft constitution in their newspapers starting today. It appears that these will stand opposite—and offer criticism and competition to—the draft presented and approved by referendum on 6 November last year. Prepared by a special group of experts from these political forces, the “Opposition Constitution,” alongside its common features, also offers many changes compared with its predecessor, which did not have the good fortune to win the support of the majority of the people. The most substantially transformed provisions appear to be those concerning the powers of the President of the Republic and the separation of powers, which were widely debated during last November’s referendum campaign. Among other things, the wording has been changed in articles addressing the problems of Albanians living beyond the state borders, and the position of political parties based on religious or ethnic grounds. The second draft constitution does not include the clause requiring the heads of the major religious communities to be Albanian, born in Albania, and to have resided there permanently for the past 20 years. This was the clause that had provoked protests during the referendum—including a protest by the head of the Albanian Autocephalous Orthodox Church, Janullatos.
While the first paragraph of the article concerning Albanians living abroad has not changed, the same cannot be said of its second paragraph. The new draft appears to state more openly that the Republic of Albania supports—in the spirit of international documents—the right of the Albanian people outside its borders “to self-determination and to resolve the national question in a democratic and peaceful manner.” The draft put to the referendum spoke of “recognizing and protecting the human and national rights of the Albanian population living outside the state borders of the Republic.” Another provision changed in this chapter is the article dealing with freedoms and ...
or the separation of powers, an issue much debated during the referendum campaign last November. Among other things, the wording has been changed in relation to the borders, as well as the position of political parties in the country.
The first part of the draft, which sets out the general constitutional principles governing the organization of the state, has been considerably revised. While the drafters considered it necessary to add a separate article explicitly enshrining political pluralism, they have specified a point concerning the prohibition of political parties. The draft therefore states: “the activity of parties that threaten to overthrow the constitutional order of the Republic or the fundamental democratic institutions.” In the wording of the previous draft, only the phrases “through violence” and “fundamental” were missing. In connection with this article, opposition experts have removed the entire paragraph prohibiting the establishment in Albania of ...
... “democratic and peaceful.” The draft put to the referendum by Andi Çeliku, chairman of the panel of judges in the Arshiqi case. “There has been no violation here,” he tells Gazeta Shqiptare. Meanwhile, another clarification came from Apeni last night: “Under the existing laws, the court does not have the function of initiating criminal prosecutions and does not have the authority to arraign defendants.” But, as Çeliku says, he reiterates his arguments:
... “to submit a procedural request.” They are again putting at risk a decision that I must implement,” says Çeliku — the trial must the 17 witnesses called by the defense has concluded, their request for additional witnesses is expected to be repeated. The final list included, alongside the names of Arsidit, Simone, and Piazzoli, the Swiss lawyer, the name of the Albanian prime minister as well. If the request to bring them into the courtroom is ...
... the court, and why it accuses them of having supported cooperation between Albania and Germany in every field. The latter is adequate legal system. Last year alone, it granted Albania 60 million DM, of which 20 million was in the form of a loan and another 40 million in the form of aid, p.r.e.
The President of Germany arrives in Tirana today
For the first time
TIRANA - A joint declaration is expected to be signed by the presidents of Albania and Germany.
Sali Berisha and Roman Herzog—who is in Albania today on a historic visit—will hold talks over two days on relations between the two countries and the delicate situation in the Balkan region.
A packed daily schedule has been arranged for President Herzog. A meeting with President Berisha, a speech in the Albanian parliament, meetings at the embassy with representatives of political parties, a working discussion with a group of intellectuals and representatives of science and Albanian studies, and finally another working dinner: this is Herzog’s programme for today.
Sali Berisha and Herzog will travel to Kavaja, the city with which Germany has established special relations; afterwards, they will appear before journalists at a joint press conference at the presidential villa on the Durrës hill. Then there will be a visit to Kruja Castle and the return journey to Germany. The historic meeting between the two presidents is expected to give new impetus to cooperation between Albania and Germany in all fields. The latter has been one of Albania’s principal partners in recent years. It has supported Albanian projects to build a liberal economy and an adequate legal system. Last year alone, it allo-
Juve flies to the top of the standings
Parma also beats Lazio, while Padova springs a surprise against Bari
Italian Football, Week XXI
Viali, hero of the week
The players’ names made the Championship medals
Albania boycotts the “Intertoto” spring cup
YESTERDAY IN ALBANIA
Berat: 20-year-old woman dies from electric shock
She was enjoying the pleasure of using an electric toothbrush, but was electrocuted while alone at home. Migena Lole, 20, was found dead in her home hours later. The victim—an only daughter—had been living alone with her mother for some time.
Heavy sentences sought in the Cacaj case
The Prosecutor’s Office has requested life imprisonment and 25 years, respectively, for Isuf Balla, 44, and Ruzhdi Braja, 50, both residents of Elbasan. They were found guilty by the Elbasan Court of the brutal murder of 30-year-old Violeta Cacaj, a year ago. The defendants’ lawyers have put forward the claim that Cacaj had worked as a prostitute in Greece and was killed by an Albanian client in revenge for a possible incident involving AIDS.
Over the border incidents
TIRANA - Border incidents have once again brought tension back into the relations between Tirana and Athens.
Deputy Foreign Minister Arjan Starova summoned the Greek ambassador in Tirana, Kristos Caliqis, to deliver a protest note concerning the incidents of recent days on the Greek-Albanian border. This comes precisely at a time when both countries have declared that they are interested in taking concrete steps to improve relations between them. The killing of Albert Kuka from Burrel, the wounding of another Albanian, Ilir Shima from Rrogozhina, and the mistreatment by Greek police forces of Agim Tomorri from Vjoleshti in Fier compelled Albanian diplomacy to ask its Greek counterpart to put an end to such actions. The Greek ambassador expressed his own regret, and that of the Greek government, over these incidents.
Ruli’s driver completes his sentence
He had made threats
GJIROKASTER - Hajri Nurja, Genc Ruli’s driver, was sentenced to pretrial detention and has been released.
In a trial that lasted two days and attracted the interest of the Albanian judiciary, he was found “guilty of making threats on account of his duties,” together with the other people convicted of acting in complicity. The verdict was given because, on January 20 of this year, Nurja threatened Voice of America correspondent Gëzim Basha over the latter’s report about Ruli’s involvement in the walnut-wood scandal. He was arrested immediately by law-enforcement officers that day.
r.k.
Lika is ill: trial postponed
Former MP in hospital
TIRANE - Arben Lika’s illness halted yesterday at the Tirana Court the trial against him and the other people accused of cigarette smuggling and document forgery.
Scheduled for 9:00, the hearing, which was expected to begin with the defendants’ defense, did not take place, and a new date has not yet been set. Everything seems likely to depend on Lika’s health.
The former MP has been in hospital for many days, ever since he fainted in the courtroom during an earlier hearing; he is admitted to the Tuburg hospital. According to his lawyer, Mark Pëllumbi, Lika is suffering from a relatively mild illness. However, doctors have not yet clearly determined when he may fully recover and leave the hospital.
“Whatever the situation,” Pëllumbi explains, “the client and the defense are ready.”
a.m.
The names of the blue-and-white footballers on the Championship medals
Albania boycotts the “Intertoto” spring cup
On page 3
Vlorë: attack on former secret police agent
After the interview with Gazeta
VLORE - No one believed that someone had driven him away with threats, but now someone has done so again.
Just three days after telling Gazeta Shqiptare all the secrets of smuggling and drug trafficking, the former police informant was threatened at the house where he is hiding. “It was midnight when we heard the loud noise of a motorbike stopping in front of the courtyard gate,” the informant now says; his code name was “Miku i Vogël.” “They began threatening to make me and my whole family disappear, then fired a burst from an automatic weapon into the air. After picking up the cartridge cases, they left, threatening us again.”
“Miku i vogël” is shaken. He is increasingly aware of the danger posed by this network. After sending letters seeking a response from the President and the Minister of Public Order—he had asked them for protection—yesterday he came secretly to Tirana, where he met with another senior official of the Albanian police forces. “I trust that only he can do something for me, although this is part of his leadership duties,” says “Miku i vogël.” “Still, there is one thing I cannot understand. I worked for the State and the Police; why are they repaying me this way?”
DP: heated atmosphere for Selami in the districts
Korçë, Elbasan: heated debates at conferences
TIRANE - The extraordinary conferences of the Democratic Party in the districts have been marked by a heated atmosphere.
Over the past two days, it was the turn of two of the country’s most important cities, Korçë and Elbasan. In both cases, the Democrats’ support for the decision of the National Council prevailed. Selami and Ali Spahia themselves were in Korçë. Those dissatisfied with this decision managed to secure full support for a resolution on the Constitution, welcoming it; they also received support from well-known party figures, Mingiç and Sokrat Bërdo. Here too, the conference delegates’ appeal was that the dispute between the Chairman and the President should not harm the party.
In Elbasan, the atmosphere was more heated than anywhere else, and the demands reached a tense point when someone in the hall tried to interrupt the chairman’s speech, p.r.e.
Eduart Selami
Lamerica, a dream or a waking nightmare?
Will Amelio’s film also be shown in Albania? The Italian director’s travails in his diary of the filming
On page 2