THE RETURN OF SEIZED PROPERTY BEGINS
By decision of the Tirana Court, to the Chairman of the People's Assembly, Mr. Pjetër Arbnori, 39 gold napoleons and 88,992 old lek are returned
DECISION
"IN THE NAME OF THE PEOPLE"
REPUBLIC OF ALBANIA
TIRANA DISTRICT COURT
The issue of the appropriation of property seized by the communists is the issue of the day. The first court case and the decision of 4.9.1992 in the Tirana District Court concerning the civil person Vasil Çe[...]es[?] (Vasil Plaku) have had a great echo. Along this line we are publishing the second court case with the decision of 7.9.1992 in which the Tirana District Court, composed of:
PRESIDENT: Idriz Mema
SECRETARY: Klevisa Rrefi
PLAINTIFF: Pjetër Arbnori, son of Qazim, born in 1935, born and residing in Tirana, by profession sculptor by birth, represented by lawyer Sokol Hazizaj
DEFENDANT: Ministry of Finance represented by Galie Zylfiu, defendant.
OBJECT: Return of property seized by decision no. 204 of 1982.
REASONING[?]: At the court hearing of 24.7.1992, the plaintiff Pjetër Arbnori through his lawyer declared that by decision no. 204, dated 30.9.1982, of the Tirana District Court, movable property worth 88,992 lek had been seized from him. This property was in fact seized because of his criminal conviction for an offense against the state and the economy. By decision no. 131, dated 7.7.1992, he was declared innocent and likewise rehabilitated for all consequences arising from the conviction. For this reason he requests that the sum of 88,992 lek seized by the above-mentioned decision be returned to him.
The Ministry of Finance, represented by its representative, claimed that the lawsuit should be dismissed because it is not directed at the correct subject, since the defendant should be the State Bank of Tirana, with which it proves by transfer order, found in the investigative file. At the reconciliation hearing, the plaintiff Pjetër Arbnori, by authorization, appeared at the hearing as defendant the Archive Directorate of the Ministry of Internal Affairs, which declared that the lawsuit is well founded in law and as such accepts the request.
THE COURT:
Having examined the case and criminal decision no. 204 dated 30.9.1982 and criminal decision no. 131 of the Tirana District Court dated 7.7.1992, hearing the arguments of the plaintiff, the representative of the defendant, the prosecutor's conclusions, and having discussed the case in its entirety.
NOTES:
By decision no. 131 dated 8.7.1992 the Tirana District Court decided: "To amend decision no. 204 dated 30.9.1982 concerning the conviction of Pjetër Arbnori, to rehabilitate him for all consequences of serving the sentence and other criminal consequences, except for the confiscation of property which is upheld." On the cited decision, following the appeal of the Prosecutor of Tirana District, the Criminal Panel of the Court of Cassation ruled, which by decision no. 1514 dated 30.6.1992 upheld this decision. Consequently, DECISION no. 204 dated 30.9.1982 has become final. In the content of the decision there was no confiscation of property, but only seizure of movable property worth 88,992 lek in favor of the state. From the content of criminal decision no. 204 dated 30.9.1982 it emerges that the seizure of the property of the defendant Pjetër Arbnori was not made for a criminal offense of an economic nature, but because on 8.6.1982 currency was found on him, namely 39 gold napoleons and 80,992 old lek. The seized property was blocked in the investigation office, which, according to special order no. 42 dated 23.11.1982, was handed over to the State Bank of Tirana. Article 470/2 of the Civil Code provides that the lawsuit for the return of what was taken without right is time-barred after 10 years. This limitation period began in 1982, but was interrupted by the fact that the plaintiff served his prison sentence and after leaving prison on 12.8.1992 he addressed the court. Considering that the seized property is held in the bank, under state administration and not that of the Ministry of Internal Affairs, the lawsuit should be directed against the Ministry of Finance. For the above reasons the court considers that the lawsuit is justified and should be accepted.
FOR THESE REASONS
The court, on the basis of article 131 of the Code of Civil Procedure,
DECIDED:
To oblige the Ministry of Finance to return to the plaintiff Pjetër Arbnori 39 gold napoleons and 88,992 old lek, which were seized by decision no. 204, dated 30.9.1982. An appeal against this decision may be lodged with the Court of Cassation within 10 days from the day after its announcement.
Announced in Tirana on 22.4.1992.
SECRETARY
(Lulzim Bashuri)
JUDGE
(Vasil Plaku)