09/09/1992
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Rilindja Demokratike

9 September 1992

THE INDIVIDUAL and THE STATE

Even today we still expect the state to solve everything for us—every request of ours, every need. That is how we were taught over the past 50 years, when the state and the Party that formed and directed it were everything. Even GOD would have been less powerful. But let us remember the old proverb: “God helps those who help themselves.” When I told this proverb to the German professor Egon B. Heil, who had come to Tirana to help with his great experience in the economic field and had offered some valuable ideas about new local solutions in our country, he jumped to his feet and shook my hand firmly in the German style. “You,” he said, “with these mentalities of yours, expecting everything from the state, are putting a spoke in the wheels of the democratic future you have only just begun to build.” “Immediately after the Second World War, when, as you know, Germany had been completely destroyed,” he told me, “my father was imprisoned. My mother immediately sought and found any kind of work. I, the eldest child, was not only their guardian but did many, many jobs so that we could survive... “And by all of us making an effort ourselves, we got through that extremely difficult period. And Germany is what you see today... The State!” He became angry whenever he mentioned that name. “No, no. It is not the state’s business to interfere in these matters. The individual does everything for himself. The individual comes first... the state has its functions... ‘But you expect everyone to be supported by the assistance the state is supposedly obliged to give you. Poor state, it won’t last long if things go on like this. Poor you, poor individuals, waiting for everything from the state even when it not only should not, but cannot do it...’” And the German Professor, Dr., pounded the table with his fist. “No, no, like this you are bound to fail...” Today, everyone declares—and most sincerely want—our country to integrate into Europe too. What Europe is like, and what we are like, everyone knows by now. The 300,000 Albanians in that forced exile which connected us with the world are showing us what that world is like: the “capitalist world,” which we endlessly despised and denounced as being on its deathbed, yet which is keeping us alive today. They have shown us that one day of their hard work is a clear hope compared with the three- or four-month journey of our university professors, or is greater than our president’s two-month salary... And we still do not want to understand where we have been; we still do not understand where we must go. No, forgive me, most people have now understood the latter. But... here the same other, entirely incomprehensible thing begins again... We all shout that we want Albania to be like all of Europe, and no one will stop to think about how this Albania, reduced to the depths of misery, will get to Europe. To get to Europe, we all have to make an effort; everyone must find a way and a path to help us get there. Yet it is easier for us to find ways to hinder that journey. Incredible, but true. And here the strength of the Individual must be expressed more forcefully than ever. Here the wisdom of the State must come to the fore more than ever. Each has a duty toward one goal, toward what is good and progress. It warms the heart to see the tremendous efforts of the thousands of Albanian individuals who, freed from half a century of physical and moral captivity, are working themselves to the bone to succeed, doing everything themselves, with impossible sacrifices, without the help of this New State, which is still stuck in yesterday. And in one day they often earn far more than they received in a year of work—if one could call it work—during the years of “victorious Socialism.” We watch them, somewhat bewildered. Often, full of envy, we insult them. We forget that they are teaching us something very important: that free enterprise for us... Professor, Dr., pounded the table with his fist. “No, like this you are bound to fail...” I tried to justify our position. I told him that Germans, both before and after the war, followed and still follow the same path. But what about us?! The state (the Party) was more powerful for us even than GOD, since it denied us even this. Professor Heil softened a little, but he continued to insist. “The individual comes first... The state has a duty to make way for the individual’s interests, naturally by enforcing the LAWS in full.” The question arises: Should we Albanians today expect everything from the state?! Is it reasonable to ask this completely ruined state to feed everyone—as we understand that expression in Albania—when no one is working... when the state economy is blocked and shut down, state revenues are below zero and the treasury is empty?! Of course not. This is a dead-end road. “Where there is nothing, not even God can take anything,” as a popular saying goes. So what are we to do, then?! And yet we wait and wait, without making any effort to do anything ourselves; we complain and complain, we ask and wait. Europe, America—let them keep us alive. And, to be completely honest, we must admit that the world’s assistance to us has been very substantial (even if we steal this assistance with all our might)... But we do nothing and shout all day: “What is the state doing, what is the government doing, what is...?” and no one thinks, no one ever asks: “But what are we doing?!” Yes, yes, we do something too. We wait and wait for others to work ...the individual efforts of Albanians, everything themselves, with countless something very important: that free enterprise “breaks through the blockade,” that the individual is everything. Even though, alongside this miracle—which entails working without fixed hours (often 18 hours a day) and countless sacrifices in every respect—many of them, taking advantage of this transitional situation, which is serious and uncontrollable, turn into unscrupulous profiteers... What assistance does the state give these individuals? I am afraid it hinders them more than it helps them. It “helps” them, if at all, by failing to establish the necessary rules to make this activity fully controllable (for we have heard that water is poured into raki to raise its alcohol content), or to ensure that the activity takes on the character of individual enterprise, for the benefit of the individuals themselves as well as the public. Here our present state is not doing its job... Meanwhile, in this strange Albanian market, despite the fact that it has taken over squares and streets, fields, balconies and every other suitable place, thanks now to the often superhuman and unimaginable efforts of Albanian individuals, you can find everything. This is undoubtedly an extraordinary success, demonstrating the great value of the INDIVIDUAL. But what about THE STATE?! Does this state have duties? Its number-one duty today is to create opportunities and find ways for individuals’ free enterprise. No less important is the establishment of

MEETING OF MR. BERISHA WITH MR. MAREK NAVICKI AND MRS. KRISTIN FON KOL

We are informed by the Press and Information Office attached to the President that in recent days the President of the Republic, Sali Berisha, received at his headquarters the President of the Helsinki Federation, Mr. Marek Navicki, and Mrs. Kristin Fon Kol. At this meeting, President Berisha expressed to Mrs. Fon Kol his great concern about her article published in the newspaper «ZP», in which a human rights activist speaks of the possibility of Civil War in Albania and of her great concern for the Hoxha and Kapo families and the other former-communist elite. She said that Albanians find it very difficult to understand how a Helsinki activist could come to the defence of the Hoxha family and the other former-communist elite, at a time when they have committed heinous crimes in Albania. What is Mrs. Fon Kol’s argument based on when she reminds Albanians of the Civil War at a time when they are determined to move toward democracy through mutual understanding and have demonstrated their wisdom? Mrs. Fon Kol replied that the headline about the Civil War had been added by the journalists, so she bore no responsibility for it; as for the former-communist elite, she said, “we defend all people equally,” while Arben Puto had provided them with the information about those convicted. Mr. Berisha told her that Arben Puto was not credible on this issue, since he is the brother-in-law of one of the former-communist elite, apart from being the man who, for 45 years under the dictatorship, signed people’s internment orders. Furthermore, she should convene the Albanian Helsinki Committee to discuss this issue rather than express her personal opinion, particularly when it concerns matters directly involving her own family. Regarding the trial of the former-communist elite, President Berisha stressed that they had committed heinous crimes against the people and assured her that they would be sentenced only for crimes they had committed, in accordance with the law. “Madam, since you are so concerned about them, you are invited to the trial and will testify in the capacity of a lawyer as well.” Later in the conversation, Mrs. Kristin Fon Kol raised the cases of two newspapers, Lamgallari, who was on a hunger strike, and Çupi. But when asked whether she knew why Mr. Lamgallari had been arrested, she replied that she did not. The President told her that he had been arrested for carrying a weapon without a permit, and that if people were released through hunger strikes, all criminals would leave prison by this mechanism. “But, Madam, before you raise an issue, you must base it on facts.” Mrs. Fon Kol then said that F. Çupi had been called an Enemy of the People. When asked for the official document on which she based this claim, she replied, “I have one, but I saw it in a newspaper.” President Berisha replied that in a free press there are true and untrue things, which makes it necessary to approve a law on journalistic ethics. She went on to raise the accusation of corruption against F. Çupi, but when Mr. Berisha asked whether she had seen the document, she replied no, because it was not in Albanian. The President’s answer in this case was that Helsinki defends human rights, not corruption. Another concern raised by Mrs. Fon Kol was the law on searches of homes, which she said was wholly unacceptable. Mr. Berisha replied that such laws exist in many countries with democratic traditions, for example neighbouring Italy, and that they are laws against crime. Mr. Navicki said it was right that such laws existed, but expressed his view on improving it. President Berisha accepted this suggestion and said he would seek the help of the Council of Europe on the matter. Mrs. Fon Kol added that there had been a large number of these searches, around 200. The President expressed surprise at this, stressing that neither he nor the Prosecutor knew about it. Mrs. Fon Kol also asked why members of parliament should have weapons. Mr. Berisha said the law grants them this right. “Personally, I have never carried a weapon and will not carry one, and I urge all Albanian members of parliament and politicians not to carry weapons. But they may wish to travel at night and need a weapon to be safe.” Finally, the lady also raised the issue of the changes in matters of justice. The President told her that she should be concerned about the opposite, because for 45 consecutive years the Albanian justice system had served and carried out the criminal work of the State Security service, and unfortunately had still not recovered. There had been 90 assaults in six months; only six people had been sentenced. This constitutes a grave moral insult to all Albanians. There are quite a few cases in which these authorities released murderers. Thus, under these circumstances, the system needs deep reforms. Mrs. Fon Kol also expressed interest in the President’s views on the files. He explained that they would be opened for politicians, and also for those criminals who, despite the crimes committed during these waves [?], continue to oppose the democratic process. At the end, President Sali Berisha said that he welcomed all suggestions from Helsinki, provided they were not one-sided, noting that the distinguished lady’s defence of the former-communist elite had caused particular concern. The issue of human rights must always be improved and pursued. We will cooperate with the Council of Europe to improve our legislation. The meeting was very frank. PRESS AND INFORMATION OFFICE ATTACHED TO THE PRESIDENT Yesterday in the People’s Assembly

Yesterday in the People’s Assembly

Yesterday morning the People’s Assembly continued its work in plenary session, with discussions on the Motion submitted by MP Spahia on behalf of the PD parliamentary group. After several interventions by PS MPs, who tried to portray the Motion requested by Mr. Spahia as irregular, Mr. Malas, chairing the session, stated that under Articles 92 and 93 one MP in favour and another against the Motion had to speak. MP Hajdari spoke against it, while MP Pjetër Pepa spoke in favour of the motion, presenting convincing and well-reasoned facts. In the end, it was decided that next Thursday the People’s Assembly would make a decision on the Motion submitted by the PD parliamentary group! The People’s Assembly continues its work. «RD» correspondent

A piece of advice for «ZP»!

It had never happened before that «ZP» let slip a shred of praise for its true opponents. But the issue of 6 September 1992 surprised us with the chief architect, comrade Hamdi Jupi: “Comrade H. Jupi’s message shows realism in what he says,” in which there was positive regard for several statements by the President of the Republic—a genuinely good truth, a real pleasure. Mr. Berisha had conveyed messages on other occasions too, when he was chairman of the PD, so the PS’s chief newspaper editor had the opportunity to show that, well... the people “would be better off...” But this is not enough; it is an article It had never happened for «ZP» to publish in the second page of that issue a short piece titled “I want the PD to be ground down with Q itself,” signed by a certain Besmir Dardani, who seems to be an ordinary pseudonym. This article, too, speaks of a message from the President. “The message of that request came directly from His office: it is a violation of the law.” It concerns 92 PD deputies, and further down: “And he, the Professor, the Doctor, remained silent?! He remained silent, closing his eyes to the violation of the law. But how much longer will He remain silent?!...” It is not difficult for even the simplest reader to find a paradox in these two articles (even one of assessment...) ...of the President of the Republic by «ZP». And two possibilities arise: either the editor-in-chief let the publication of Besmir Dardani’s article slip into this issue when he could easily have scheduled it for the next issue, thereby avoiding the paradox (this would also be a friendly, professional piece of advice for next time). Or «ZP» will henceforth use the Chinese tactic of assessing Mao Zedong as “50 percent good and 50 percent bad,” or is adapting the Albanian saying: “Praise and criticize, and the truth will not be clear...” PETRIT ZANI

In the justice system, problems remain unresolved

— A motion was requested concerning the Prosecutor General, Mr. Maksim Haxhiaj — Reform has begun in the justice system too. There is no need to cite many of the examples that emerged during the interpellation with the Minister of Justice, Mr. Kudret Cela, and the Prosecutor General, Mr. Maksim Haxhiaj, which took place on Monday and continued until late in the evening. It is enough to mention that nearly half the staff at the Ministry of Justice have been reassigned to other duties. In addition, 72 percent of court personnel have been moved. Some have changed jobs while retaining their professional profile, and only 22 percent of the incompetent, excessively politicized or compromised personnel have been transferred to posts outside the justice bodies. Likewise, according to Mr. Maksim Haxhiaj’s report, the Prosecutor General’s Office has embarked on the road to reform. Nevertheless, both the many reports and the request by the Democratic Party parliamentary group show that problems in the justice sector remain unresolved: issues are being dragged out, there is incompetence, there is reluctance, and there are even direct accusations from the public that guilty people are being released. I do not intend in this article to give the figures presented during the parliamentary debate, because, however positive they may be for some, as long as the much-repeated cases of the historic 2 April in Shkodër and the former-communist elite are being dragged out, with no one knowing when the relevant hearings will be held, we cannot say that justice is performing its duty competently. If experience is lacking in this matter because these cases are of a special nature, we might accept up to 10 percent of such excuses; but why did justice fail in the case of the treason of the Skëzani officers, who hijacked a plane and fled to Italy? How can the justice system’s indifference be explained in the case of those for whom there is so much evidence and so many witnesses? And what about the release of those caught carrying weapons without a permit? What justice can one speak of in Shkodër when, in four months, out of approximately 279 crimes, only 52 have been tried and only four cases have resulted in convictions?! Does this negative statistic not compromise the justice reform itself? Why did the issue have to be raised in Parliament that people formerly convicted of ordinary crimes under monism—who had not been allowed to be represented by lawyers—should have the right to a retrial with a defence lawyer? What responsibility does the justice system bear for making a decision on this lawful and natural right? When we discuss these problems, we do not mean that the minister in question is responsible for them. Some matters have been badly handled for a long time, but why must former investigators and employees of the former State Security still serve as lawyers... (Continued on page 4)