04/11/1994
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Koha Jonë

4 November 1994

3 members of the Constitutional Court resign

- They disagree with the failure to examine the PSD and PS request concerning the referendum’s illegality - They also have objections to the chapter on the judiciary in the Draft Constitution Three days before Sunday’s referendum, three members of the Constitutional Court, Ylvi Myrtja, Natasha Sheshi and Thimjo Kondi, are resigning, upsetting the balance of the Court, which is tasked with safeguarding the constitutional balance and order in Albania. They accuse this Court of having ignored the request by the Socialist Party and the Social Democratic Party to declare the law “On the Referendum” unconstitutional. The accusation against the President of the Constitutional Court, Rustem Gjata, is serious. According to the three members, the president set aside the request of the two parliamentary parties on the pretext of a visit to Bulgaria. The three judges will nevertheless resign because, according to them, if the Constitution is approved, its chapter on the Constitutional Court would make their work impossible. This chapter, which places the Constitutional Court under the President’s control, will soon fill the three vacant seats after November 7. The President must have the nominees ready. Then decisions of the Constitutional Court, which have always been made by the narrowest margin of one vote, will be made by 9 votes. All controlled by the presidency. Then, with those 9 votes, the President will overturn every decision of Parliament. Read on page 3 the statement addressed to President Berisha

He had burned a beggar

Tirana: Case file sent back for reinvestigation The chilling story of a beggar who was burned alive in his sleep after being robbed remained at the Tirana Court for only a few days. The case file has gone back into the hands of investigators because of procedural violations. The dreadful episode took place on the night of June 7 this year, when two people caused the tragic death of 30-year-old Valen Kaba, a beggar who slept near the “Holliwudit” bar, in the heart of the capital. One of the attackers—30-year-old Shkëlqim Këmbaci—first robbed the “veteran” beggar of 30 thousand lekë, while the other, Albert Rustemi, about 18 years old, then casually tossed a lit match onto Kaba’s body, turning him within moments into a human torch. In fact, the flames that engulfed the beggar’s body did not kill him immediately. He died several hours later in hospital. The protagonists of the “attack” were arrested by the police, and investigations were launched against them: Sh. Këmbaci for “robbery” and the 18-year-old for “manslaughter through negligence.” But the conclusion of the investigation did not convince the judges, who sent the case back for reinvestigation. According to the deputy head of the Tirana Court, Mr. Martin Dede, “the case file has been returned for reinvestigation because of procedural violations, since A. Rustemi, who has not yet turned 18, was investigated without a lawyer.” Z. DULE

“This referendum resembles Pinochet’s”

Rally of the Democratic Alliance Party Ceka: “This referendum is a challenge to our political conscience” Teta: “Stalin used to say: The people can vote for whomever they want; we count the votes” Rally of the Democratic Alliance Party “This referendum resembles Pinochet’s” Ceka: “This referendum is a challenge to our political conscience” Teta: “Stalin used to say: The people can vote for whomever they want; we count the votes” page 2

Berisha thinks he is Albania, but Albania does not think it is Berisha

page 3

“We don’t want the Constitution” is shouted

Shkodër—Berisha rally for the Constitution “We don’t want the Constitution” is shouted - Around 20 people detained after the rally page 2