14/01/1995
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Rilindja Demokratike

14 January 1995

A positive turn in Greece’s position toward Albania

News agencies and foreign radio stations report that, despite attempts in Athens to downplay the interview given by the American President to the Greek newspaper “Kathimerini” on Sunday, it seems that Bill Clinton’s suggestion to begin dialogue with Tirana unconditionally has created the stable climate necessary for making a decision. This is the first impression one gets from following the genuinely brief but clear statements made by Greek Foreign Minister Papulias as he emerged from a meeting with the President of the Republic, Karamanlis. Papulias praised the actions taken so far by the Albanian side, which aim to reduce bilateral tensions. Before going to the presidential palace, Papulias met with the American ambassador in Athens; among other things, Greek-Albanian relations were discussed. Athens’s retreat from its initial position on the issue of the Omonia activists was also reflected in the words of Greek government spokesman Venizellos. “We are not making the release of the members of the minority a condition for starting dialogue, but for the dialogue to be productive, there must be a suitable climate, which is currently being made worse by their being kept in prison.”

Gramsh will soon have its new road

- DP leader Selami and Deputy Prime Minister Shehi in the district of Gramsh Yesterday, the leader of the DP, Mr. Eduard Selami, went to the district of Gramsh, where, together with Deputy Prime Minister Dashamir Shehi, he took part in a meeting of the DP branch’s leadership as well as in a large gathering with the people of Gramsh. At the leadership meeting, more or less the same problems that were to be discussed later with the people were discussed. In addition to the problems it shares with every other place and district, Gramsh also has some specific ones for which the central government, as well as the local government—which in Gramsh is run by the Socialists—are responsible. In Gramsh, the daily newspaper has long been damaged, and TVSH is received poorly or not at all. The branch leaders complained that reforms had not been carried out in justice, education and the army, and that the State Audit had not appeared in the district, leaving the way open to violations and corruption there. Selami acknowledged that this concern with the central authorities had paralyzed the branch’s work on resolving these problems. At the meeting with the people, those present welcomed the news announced by Mr. Shehi that work at the Banja complex would soon resume, and that construction work and the release of government funds for paving the Shpat road would begin, followed later by the alternative road. In his remarks, Selami described 1996 as a year of privatizations on a large scale and nationwide, and praised the new form of privatization, through securities, as the most socially advanced form, which would ensure a more rational and fair distribution of the value of national wealth and avoid the shortcomings and criticisms associated with privatization boards. “This,” Selami said, “was one of the main points of the DP program. But we found the country’s economy with indicators below zero and hyperinflation of more than 400%. The backward banking system and the administration’s deplorable condition did not then allow this point of our program to be implemented in practice. Later, Mr. Selami, under unclear circumstances, did not allow the correct implementation of this point of our program.” Afterwards, Messrs. Selami and Shehi answered questions from those present about the Arsidi issue, Nano, corruption, and the lifting of the immunity of Ruli and Uka. “The truth must finally come out,” Selami said, “and genuine corruption must be distinguished from honest conduct.” The meeting turned into a warm discussion with the audience of many people from Gramsh. S.B. The State Audit Office in this district, which had left the way open to violations and corruption in the district. — Selami acknowledged that this abuse involving the center had caused the branch to become paralyzed in its work to resolve these problems. We are not in favor of class warfare, Selami said, but those matters that are up to us must be met with full commitment and accountability by our people in the Democratic Party. The most troubling problem for Gramsh was the lack of public order in the town, now home to 16,000 residents, as well as in the villages, which was leading to the destruction of forests and pastures there. The members of the leadership also raised other issues, such as the liquidators and telecommunications, among others—issues they also discussed with Deputy Prime Minister Shehi.

Such an act can be committed only by those whom the past has bound once and for all to Enverism

As has become known, the PS’s “Omar” Commission was established to draft the Constitution. Anyone who learns of this denounces, with genuine indignation before Albanian democratic public opinion, the establishment of this commission as an illegal act contrary to Article 44 of the Constitutional Provisions and as an unacceptable insult to democratic institutions and Albanian society as a whole. The appointment of Luan Omari by the PS to head the Commission for drafting the Constitution is clear evidence of the Socialist leadership’s determination to restore Enver and Enverism to the pedestals of their monstrous crimes in Albania. We say this not simply because Luan Omari is the son of Enver Hoxha’s sister, but because he is the author of the 1976 Constitution, a law of crime and the most shameful law in our national history: the law of prohibited freedoms and rights, forced atheism, oppression, violence, pursuit, persecution, prisons and inhuman concentration camps. It was the law that isolated the country from the world and turned it into a veritable bunker of communism in Europe. To charge Luan Omari with drafting a new constitution means deliberately rehabilitating his past work; insulting and humiliating hundreds of thousands of Albanians who were tortured, died or were killed for freedom of speech, freedom of belief and freedom of movement; insulting the Albanian people, who rose against the Hoxhaist dictatorship and all its claws; and seeking to detach Albania from Europe. Such an act can be committed only by those whom the past has bound once and for all to Enver and Enverism.

How the PS’s 6 priorities for ’95 should be “translated”

1) The PS (PKPSH)’s main campaign during 1995 will aim, together with the other militant forces of extremism, to prevent at all costs the normal continuation of democratic reform. Using traditional communist methods, it will bring the democratic situation tumbling down through planned and spontaneous actions, and find new ideas, new solutions or new files, because we have 50 years of experience ready to draw on. 3) We will try, as we have until now, to pursue in ’95 the policy of sabotaging the drafting of the draft constitution, because once we take power we will recognize only the 1976 Constitution, with a few minor touch-ups to it (P)SK)H) will aim during 1995, together with the other forces fighting extremism, to prevent at all costs the normal further development of democratic reform. Using traditional communist methods, they will undermine the democratic situation through planned and spontaneous actions, creating explosive situations and political and social chaos. They will create political instability at all costs, through non-institutional political actions, all of this for the purpose of creating an active parliamentary crisis as the only route to overthrowing the democratic government. To this end, we call on all those who have repented of their attachment to proletarian democracy and its undisputed values in defending social-communist ideals to distance themselves from the adventurers of the Democratic Party, who thought they had eliminated communism. All of you must distance yourselves for the future of social-democratic Albania, which will not recognize pluralism in Albania. In the campaign for the new parliamentary elections, which we as the PS have begun, WE AS THE PS will use every possible means to convince the Albanian electorate, democratically, that the PS is capable of governing the country on the basis of its inherited experience, and of the seriousness and loyalty we have toward the rule of the dictatorship of the proletariat. Only the forms of this regime will put a stop to the capitalist economy, democracy, and the unbridled freedom of propaganda against Enver Hoxha and socialism. The only alternative the PS offers the people is the return of the socialist system. Only through this path, where everyone is equal and there are neither exploiters nor exploited, will Albania regain the progress it once had under socialism. For now, the PS does not need to 1) The fundamental course of action of (P)PSK(PSH) during 1995 will aim, all costs the normal further development of democratic reform. 2) Considering corruption one of the elements that exposes the government and Democratic officeholders, a phenomenon the people detest, we will continue accusing them more and more fiercely, whether or not there is corruption; we will slander, invent what does not exist, and exaggerate wherever we have suspicions. 5) In cases where the PD, the justice system or any other body uncovers corruption involving an official or a member of the party in power, we will defend that person and declare them a victim of political factions within the PD, or a scapegoat whom the ruling party is using to cover up its own corruption. At the same time, we will announce an anti-corruption movement in which we will portray exposed corruption as political persecution. This is what we did with the “Nano” case. 5) Whenever law enforcement bodies, prosecutors or courts convict or detain our people for breaking the law, the PS will regard it as a violation of human rights. We will portray all those accused of breaking the law, whether ordinary members or PS officials, as political opponents of the PD and its government. That is, not as ordinary lawbreakers. As was done with our chairman, Comrade Fatos Nano, the campaign to raise awareness will extend to international organizations. This strategy will be one of the most effective weapons in our struggle. 6) On the international front, in 1995 we will aim to deny even more everything the Democratic Government is doing for Albania’s “integration” into Europe. Here, our guide is the theses of our diplomat, Comrade B. Zeneli, which are already well known. Our path in international relations can be found in the interviews our journalist P. Gjidei conducted with Gorbaciov. We will not forget Belgrade! Comrades, members of the PS, chairs of PS branches, groups, organizations and cells: these are the six priorities that the leadership of the PSSH has decided to pursue in 1995, whereas the press statement by Deputy Chairman Servet Pllumbi, published in ZP on 13 January 1995, is merely for public consumption—a simple propaganda deception. — MENTOR SHEHU 3) We will try, as we have done until now and will continue to do in ’95, to pursue a Constitution, with perhaps a few minor amendments, while deceiving the world. 4) exist, and exaggerate wherever we have suspicions. consumption—a simple propaganda deception. — MENTOR SHEHU

Six members of the Court of Cassation confront Chairman Brozi

In a letter addressed to the People’s Assembly of the Republic of Albania, the members of the Court of Cassation Agim Shkupi, Avni Shehu, Agim Gjokleka, Kristofor Peci, Vitore Tusha and Zef Nika state: Regarding the case of the citizen Konstandin Kallofatos, we feel it our duty to inform you of our opinion: 1. The order issued by Mr. Zef Brozi, in his capacity as Chairman of the Court of Cassation, to release the defendant Konstandin Kallofatos, accused of possession of drugs, is contrary to his powers and to the decision rendered by the judicial panel and, as such, is manifestly unlawful. Such an act openly undermines the independence and exclusive powers of the judicial panel that rendered the decision: 2. Under the law, the Chairman of the Court of Cassation has no right to amend, add to or interpret a decision rendered by the judicial panel. After a decision is announced, only the judicial panel, by means of a supplementary decision and upon the request of the participants in the proceedings, has the right to examine and resolve any ambiguity that arises during the execution of the decision. This is set out in Article 149 of the Code of Criminal Procedure; the opinion of a judge who remains in the minority is not announced and has no legal force; 6. A judge who remains in the minority, regardless of the position he holds in the court, has no right to intervene in or act upon the judicial decision. He, like anyone else, is obliged to abide by the decision rendered by the majority. 7. Under Article 179 of the Code of Criminal Procedure, a request for protection of legality may be filed only against final decisions. A judicial decision ordering the reopening or retrial of a case under Articles 177 and 38 of the Code of Criminal Procedure is not a final decision, and no request for protection of legality may be filed against it. This legal position ...the right to change, add to or interpret a decision issued by the court. After a decision has been announced, only the court, through a supplementary decision and at the enforcement stage. This is set out in Article 197 of the Code of Criminal Procedure and has been applied by the court when appropriate; 3. In all cases where decisions are overturned and the case is sent back for retrial, the Court of Cassation has no right to rule on the guilt or innocence of the accused. This is what was done in the case of this judge, Kallofatos. Any contrary position is unlawful; 4. The imposition, alteration or revocation of a security measure falls within the exclusive authority of the court. We will also inform public opinion of the above. KRISTOFOR PEÇI, AGIM GJOLEKA, AVNI SHNEHU, AGIM SHKUPI, VITORE TUSHA, ZEF NIKA Tirana, 13.1.1995

The 82nd anniversary of the Albanian police is commemorated

Yesterday marked the 82nd anniversary of the establishment of the Albanian police. In Tirana, several events were held to commemorate the date, the last of which was the anniversary meeting organized at the National Historical Museum. Besides the participants, employees of various police units, those present also included the President of the Republic, Sali Berisha, the Prime Minister, Aleksandër Meksi, ministers and representatives of the diplomatic corps. In his speech, the Minister of the Interior distributed the medal “For the government of Ismail Qemali and the martyrs who have fallen over the years in the preservation of public order, the fight against crime, and those who gave their lives to defend democracy during these four years of its rebirth.” President Berisha, in his speech, praised the contribution the Albanian police have made and continue to make to maintaining order and tranquility. “The police under the dictatorship were an instrument of the dictatorship, whereas in a democracy they are an instrument of the law and democracy,” Berisha stated, praising the role of the police force in recent years.

Yesterday, the Arsidi trial at the Tirana Court

Ruli, Pashko, Pogaçe and Shehu testify (Former Prime Minister Fatos Nano and other former senior government officials are expected to testify today) The high-profile banking scandal known as the “Arsidi Trial,” which is being heard these days at the Tirana District Court, brought former Finance Minister Genc Ruli, former Deputy Prime Minister Gramoz Pashko, former Albturizëm director Gavrosh Pogaçe and former Tourism Minister Osman Shehu to the courtroom yesterday as witnesses. Yesterday’s hearing began with the questioning of witness Genc Ruli, who gave his account of signing the authorization in favor of Arsidi. According to Ruli, he had only countersigned the authorization, because it had been prepared and signed by the defendant Ilir Hoti before it was sent to him. The signing of this authorization was debated at length, since it was dated 8 June 1991, when Ruli was not Minister of Finance; indeed, he told the court yesterday that he had not even been in Albania that day. Ruli explained that he may have added his signature in July, but that the authorization may have been drawn up as early as 8 June and carried that date. Ruli also explained a complaint Arsidi had submitted to him about obstacles being put in the way of signing a contract concerning Hotel Tirana, for which Arsidi was acting as intermediary for a Swiss company. Former Deputy Prime Minister Gramoz Pashko gave his account to the court yesterday as a witness concerning Amato’s appointment as negotiator of Albania’s foreign debt. Pashko stated that the decision to appoint Amato had been made at a government meeting, and said that he knew nothing about Arsidi or the authorization signed by the defendant Ahmeti. Gavrosh Pogaçe, former director of Albturizëm, gave testimony in court yesterday concerning a preliminary contract between Albturizëm and a Swiss company, for which Arsidi acted as intermediary, regarding Hotel Tirana. After speaking about the tourism development strategy, Pogaçe expressed serious reservations about the Swiss company’s lack of good faith, as it subsequently failed to provide any documents or plans for the restoration of Hotel Tirana. The witness stated that the contract was not carried out because of the Swiss company’s failure to act properly, and that Albturizëm had even notified Arsidi that the contract no longer had any validity. Former Tourism Minister Osman Shehu provided further details about the Hotel Tirana contract. In his testimony, he painted a picture of Arsidi’s efforts, which, in his view, made Arsidi appear to be a fraudster. Shehu also spoke about a meeting between himself, Arsidi and Ruli, held to clarify the circumstances and reasons why the contract had not been carried out, as well as about an additional clause to the contract signed by former Deputy Minister of Tourism Edmond Spaho. With this addition to the contract, which was in French, Mr. Shehu said, Arsidi claimed that the hotel had been given to him, although this was in no way true. After lawyer Perparim Sanshaku left the courtroom with the court’s permission because of a family matter, the hearing continued with a confrontation between witnesses Ruli, Pogaçe and Shehu and the defendant Hoti, to establish whether the government cabinet had known that an exclusive authorization existed for Arsidi to negotiate the foreign debt. After this confrontation, the court stated that it considered it necessary to summon Shkelqim Cani and Robert Çeku as witnesses as well. Prosecutor Qeleshi asked the court to summon Ilda Barbulushi and Suzana Karagjozi as witnesses and to question witness Zhaneta Tole again. The next hearing continues today at 9:00.

How will the new apartments be sold?

Page 3

The Commission consists of:

1- Luan Omari 2- Kristaq Traja 3- Njazi Jaho 4- Krenar Loloçi 5- Kosta Gazeli 6- Perikli Polloshi