As has been reported, the People’s Assembly approved in principle the Draft Penal Code of the Republic of Albania. The fact that this draft code was approved without a single vote against and with only 3 abstentions demonstrates the serious work of the group of jurists who prepared it, drawing also on the best experience of Western countries, and presented a high-quality draft to Parliament for approval. On the other hand, this approval is also a political success in further consolidating the institutions of democracy and expanding its scope. Of course, discussion and approval article by article are now continuing, with deputies proposing precise legal formulations for the articles; this will further improve the draft, which will be finally approved once all the articles have been put to a vote. This may mark an important step in renewing the legislation and fill a significant legal gap, something Albania greatly needs after the profound political and social transformations that have taken place in the country. It is very positive that this code is based on documents of particular importance, such as the Universal Declaration of the United Nations, the European Convention on Human Rights and Fundamental Freedoms, as well as the “Law on Constitutional Rights and Fundamental Freedoms” adopted on 31 March 1993. The new Penal Code, through the wording of its articles and any improvements that may be made in the future, will be a powerful instrument in the hands of the justice system for punishing crime and criminal activity, and will also encourage the swift reintegration of convicts into social life. The new Penal Code will enshrine provisions concerning new phenomena that have emerged in Albanian reality. It will clearly define the legal position on pornography, prostitution and other social phenomena accompanying individuals in a post-dictatorial society. A special place in the new code will be given to the legal treatment of criminal offences for which a fine is the corresponding penalty. In practice, fines are becoming the principal type of punishment, not only for criminal offences but also for some crimes, in keeping with the aim of avoiding imprisonment where isolation from society is not necessary. The Penal Code includes new provisions suited to today’s political, economic and social circumstances and to future developments, including provisions concerning smuggling, drugs, the environment and abortion. In other words, it legally addresses criminal phenomena and the forms they take under the conditions of a market economy. Naturally, these few lines cannot cover all the chapters of the new draft Penal Code, which is expected to receive final approval article by article. What is important to stress is that its adoption will be of great assistance to the work of the courts and will be a barrier against certain speculators who want to manipulate public opinion about “the independence of the courts.” The new Penal Code, if implemented honestly by all legal professionals, will be another step forward in consolidating the rule of law. S.M. [Text continues with a separate article fragment: What compelled the Albanian patriots to gather for this congress? As can be seen, the end of the First World War created the conditions for Albania to fall prey to its neighbours, such as Italy, Greece, Serbia and Montenegro. All four states, pursuing a chauvinist policy supported by the agreements of the secret Treaty of London and the Paris Peace Conference, aimed to suppress the independence proclaimed by Ismail Qemali in 1912 and divide Albania among themselves. The Congress was to be held in Lushnje, with every security measure taken to ensure it would not be thwarted by the country’s reactionary forces and the Italian forces, which were very active in those days. These anti-national forces killed Sali Nivica, a member of the Kosovo Committee, on 10 January 1920, and the patriot Abdyl Ypi on 13 January. On 21 January 1920, the National Congress of Lushnje began at the home of Kase Fuga. (Continued on page 2)]

21 January 1920– 21 January 1995 75th anniversary of the National Congress of Lushnje Although the National Congress of Lushnje was left to oblivion—or, when the communist historiography mentioned it briefly, it was misrepresented with the sole aim of distorting the truth about this congress and thereby burying its vital importance for the nation, erasing the names of the Albanian patriots who organized it, and bypassing the history of the true Albanian state, Albania, which the communists turned into a communist state under Enver Hoxha—this event nevertheless remained in the nation’s consciousness as one of the most important moments in the history of its state. As the people say, “the truth may be delayed, but it is not forgotten”; so too the great truth about this congress will be brought to light in all its grandeur, and the importance and merits of this congress in the formation of the Albanian state will be recognized. Only the overthrow of communism in Albania and the establishment of a democratic system made this possible. What were the circumstances, and War created the conditions for Albania to become Montenegro. All four of these states, pursuing the chauvinist policy of Albania among them. This policy of the neighbouring countries was also encouraged by the inability of the Government of Durrës, which not only failed to defend the country’s interests but wanted Albania to be under Italy’s protectorate. In these circumstances, which were vital for Albania, a way to save the country was essential. Thus, after the Government of Durrës and the Italian forces stationed in Albania sabotaged the Senate meeting, the Albanian patriots decided to convene a national congress as the only solution through which the people could express their will to defend, by fighting to the point of self-sacrifice, their independence and freedom, and to prevent Albania from being further partitioned by its neighbours. The preparatory meeting for this congress was held on 31 December 1919 in Lushnje, at the tekke of the patriot Ibrahim Sheh Karbunara. Patriots including Medi Sefa, Qemal Mullai, Ferrit Vokopola, Esher Bej Frasher and Zijam Mullai were present. At this meeting it was decided that the Congress would be held in Lushnje, with all security measures country’s repressive those days. It was precisely in those days that Ypi on 13 January.

So far, 214 of the 400 planned families have arrived in Durrës alone As has been reported, following the meeting between the strike committee representing those displaced by the Fierza lake and the President of the Republic on the eve of the New Year, the Government published the lists of families who would receive assistance. Accordingly, the families from the flooded areas who qualify under the Government’s special decision will move to the districts of Durrës, Lushnje, Lezhë and Laç. In accordance with the established procedures, these families, according to the relevant lists, are expected to arrive in the above-mentioned districts by the 20th of this month so that they can meet directly with representatives of the local authorities. The aim is to allow the arrivals from Kukës to choose their respective plots and to purchase agricultural land close to one another, according to family ties or any other preferences they may have regarding urban planning. They will also be provided with urban-planning designs featuring the most modern solutions, prepared at state expense, while other urban-planning alternatives will also be made available according to the wishes of the families who are to be relocated. The final stage of the state agencies’ commitment will be the final approval of the implementation plans by the district-level KRTs and the provision of loans in accordance with the prepared project estimates, sometimes by the Housing [department]. This procedure has already begun: as Mr Njazi Kosovrasti, State Secretary for Local Government issues at the Ministry of the Interior, explains, as of the day before yesterday, in the district of Durrës alone, 214 of the 400 families planned have arrived. Families have also been settled in other districts, such as Lushnje, Lezhë and Laç. The local authorities in the receiving districts have been instructed to take the necessary measures to ensure that the arriving families are provided with all the conditions needed for the quickest possible resettlement. ZEF LLESHI prepared at the state's expense, ZEF LLESHI

A Dutch Air Force transport aircraft of the “Hercules C-130” type will deliver medical aid to Albania on 24 January on behalf of a Dutch humanitarian association, a statement from the Ministry of Defence in The Hague announced on Thursday. The cargo is intended for a maternity hospital in Tirana and includes ten tonnes of baby food, seven [tonnes] of bedding, operating tables and antibiotics.

Defence Minister Safet Zhulali’s press conference Defence Minister Mr Safet Zhulali held a press conference yesterday at the Army Cultural Centre, the first one this year. Mr Zhulali spoke at length, explaining in detail how the reform in the Army had been carried out over the past year. The restructuring of the Ministry of Defence and the consolidation of civilian control over the Army were among the main achievements made possible last year, and marked the completion of phase two of the Army reform. De-bunkerizing military thought, defining the roles of the new military structures and establishing the primacy of specialized thinking in the Army were among the fundamental priorities that prevailed during 1994. The issues related to military studies were discussed extensively, with emphasis on the Officers’ Academy, the Technical Support Forces Academy and all levels of training; progress and achievements in this area carried over into 1995. Relations with European military institutions, SIBA and “’95” will be the first cooperation this year between the US Sixth Fleet and our forces. Delegations from all NATO member countries have been invited by our side. On 25 January 1995, the Individual Partnership Programme with NATO will be signed within the framework of the Partnership for Peace. Relations at the international level will follow the same general direction as last year, with relations with the USA, Turkey and NATO at the centre, without forgetting our traditional friends. In the field of military education, the Ministry of Defence decided in recent days to open all the academies for the 1995 academic year, and in March preparations will begin for the “College” to train defence policymakers. The commendable work and generally good results concerning the welfare of officers—facts that are indisputable—will remain a serious and ongoing concern. After thanking the President, international partners and everyone who helped the Army during 1994, Minister Zhulali then made himself available to answer journalists’ questions. ILIRIANA A.ABAJO Photo: P. Omeri

The banking scandal dubbed the “Arsidi Trial,” in which the indictment has placed former Prime Minister V.Ahmeti and four former bankers, I.Hoti, A.Xhyheri, A.Tarari and A.Saliu, in the dock, accused of having, in collaboration with one another and with other people, misappropriated state property, continued to be heard yesterday in a court session at the Tirana Court. Yesterday’s session continued with the questioning of witnesses. Deputy Finance Minister Robert Çeku, called as a witness, stated that he had had no knowledge whatsoever of Arsidi’s appointment as negotiator of the foreign debt. None of the foreign-debt negotiators, as he stated, knew that Amato had first been appointed negotiator and then Andreto, who, according to him, were to be sponsored by the European Bank for the work they would carry out. Fullani also explained a work visit they had made to Vienna together with Hoti, where the foreign debt was discussed. Economist L.Da Barbullushi, in her testimony, focused on the accounting of a sum of dollars that had arrived from the bank in Luxembourg addressed to the defendant Ardian Xhyheri. “I, said Barbullushi, found that this banking transaction had already been made and left it pending. The confirmation was in Ardian Xhyheri’s name, but it was also for the issuer, Ardian Xhyheri.” This is what Barbullushi said. Speaking about this visit, he clarified the circumstances of how they had learned of a payment made by the Commercial Bank in favor of Arsidi. The Director of the Foreign Department at the State Bank, Ardian Fullani, made himself available for two hours to answer questions from the trial panel, prosecutors, defendants and their lawyers, explaining many circumstances and details related to this case. In his testimony, Fullani also stated that he had no knowledge of Arsidi’s appointment as negotiator of the foreign debt. He said he Xhyheri.” This is what Barbullushi said. At yesterday’s court session, the testimony of Liljana Nano, a specialist in the foreign-exchange sector and the Directorate of Foreign Relations at the Commercial Bank, was also heard. Witness Nano gave detailed explanations about the payments made in favor of Arsidi. These payments, she said, were somewhat unusual and were therefore made from the foreign-exchange fund. She stated that she had received the order for these payments from the defendant Agim Tartari. This witness also explained some documents that the defendant Tartari had submitted to the Bank after he had gone on assistance, concerning reimbursement of this payment by the State Bank. With that, yesterday’s session in this trial ended. The next session opens today at 9:00. (Continued on page 2)

All existing privatized buildings and those under construction, financed by the National Housing Agency (EKB) or other organizations, will be subject to the law and sold as privatized apartments under joint ownership. It is important to understand that not only old existing buildings will be placed under joint ownership, but new ones too, regardless of who finances them. Thus, in all cases, the procedures for establishing it will be the same. For this purpose, model documents (forms) have been drafted, setting out the rules and the manner in which joint ownership is to be handled under the conditions specified by law. To establish joint ownership, an instrument is used in which all the owners included in a building are registered. In addition to this instrument, citizens are also issued an individual document for each apartment buyer; once registered in the mortgage registry, they are entered in the housing joint-ownership register. The practical process of converting a residential building with many families and privatized apartments into joint ownership is to be carried out... (Continued on page 2)

Page 2 Painter Gazmend Muka on the Shima phenomenon Page 4 Dissidents say “no” to the Boss’s diktat Page 8

Complaint concerning the crime of abuse of office To the Prosecutor General, Mr. Alush Dragoshi Subject: Complaint concerning the crime of abuse of office I accuse the President of the Court of Cassation, Zef Brozi Dear Mr. Prosecutor General, I heard on RTV and read in the newspapers that Parliament is seeking to lift the immunity of the President of the Court of Cassation, Mr. Zef Brozi, so that he can be prosecuted. Please add my complaint to this matter as well, concerning a man who swears at every turn that he is honest. My name is Sulejman Ismailaja. The matter is very simple. I was a party to a judicial dispute that began in November 1992. I won this case in the court of first instance, the Court of Appeal, and the Court of Cassation decided not to review the case, leaving the decisions of the two levels in force. The president of the court, Brozi, referred it to the Plenum. The Plenum examined the case on 24.11.1994, and in that judgment I won by eight votes to one. After the decision, the comedy began between Zef Brozi and me. On 25.11.1994, one day after the decision (the decision on which Brozi had voted and cast his vote in my favor), Zeni’s mutual and wealthy friends appeared, and after that President Zef ordered that the decision not be given to me, even though it is final. The outcome of the decision was communicated to me verbally in the Plenum by the two vice-presidents of the Court of Cassation, members of the Plenum, as well as the prosecutor of the Court of Cassation, Gani Dizdari, who stated his opinion in the hearing. Dear Mr. Prosecutor, although I am an ordinary man facing this difficulty, I have heard that decisions of the Plenum of the Court of Cassation can be changed by decree of pardon only in cases where there are death sentences, and that the President of the Republic is the only person who can do so. For other decisions, such as mine, no one has the legal right to make changes. So what is this man who talks hour after hour about honesty, while on the other hand treating the law as if it were his own property? What is this man, whose morality is primitive and who brutally tramples and violates the law? What rights could I have won if I had had a conviction and wealthy people behind the decision? When I met him earlier, he told me: “The law depends on me.” I say that he is only an enforcer of the law. Mr. Prosecutor General, a man who brutally violates and kills the law must be held accountable as he deserves. By reporting my case as a crime committed by a man vested with the authority of the law, I believe you will help dozens and dozens of citizens who may remain subjugated and victimized by Zef’s unlawful power. Respectfully, SULEJMAN ISMAILAJA Tirana, 18.1.1995