His Holiness calls for the return of Albanian refugees to be halted Berisha: Conditions and circumstances in Albania are difficult, and therefore I can assure you that the Albanian government's signature on the agreement for the return of refugees is a signature over their misery ON PAGE 2

Ngjela calls for consensus to emerge from the crisis: “The normal rotation of the Constitutional Court should be allowed to take place.” The majority decides to use the guillotine on the justice system. The governing body that guarantees the protection of the constitution in Albania yesterday opposed the efforts of the condemnable authorities to put it at their service. The decision of the Constitutional Court, announced yesterday ahead of a regular court session, declared the legislative branch's interference in its independence invalid. The Constitutional Court stated that it would make no concessions regarding its independence in response to the demands of Nano and Gjinushi, but would act in accordance with the requirements of constitutional law. Meanwhile, Parliament Speaker Skënder Gjinushi threatened the Constitutional Court with its dissolution last night on state television. The loss of the spectrum of legality of the authorities shows that Gjinushi, through the parliamentary majority, may carry out the plan to dissolve this court, which would be the greatest blow to the independence of Albania's judicial system. Rejecting the attempt to introduce such an amendment, the Constitutional Court called it unfounded and inconsistent with the optimal time frame stipulated by the constitutional provisions governing the court's functioning. Accepting the delegitimization of the Constitutional Court means accepting as illegal all decisions made by the Constitutional Court from June ’95 to December ’97, including the period after the court's most recent rotation. Such an act would cause an institutional collapse, extending to the very legitimacy of parliament and, consequently, of other bodies such as the President and the Government. The guillotine has been raised over the Constitutional Court since yesterday, immediately after the court's decision on its rotation. Gjinushi and his aide Abdiu, who have no idea what a state governed by the rule of law is, declared the Constitutional Court dead. With such an act, today's Albanian state is systematically undermining the rule of law in Albania, finally revealing the signs of the power and the court still being held in place. [The source text is corrupt here.] The well-known lawyer Spartak Ngjela said this was a serious institutional crisis that could not be resolved quickly by the other branches of power. He advised the legislative bodies to wait for the normal rotation of this court, alongside the legally parallel resignation of Parliament Speaker Gjinushi. Ngjela warned that carrying out the rotation in accordance with the logic of parliament's takeover of the courts would also deprive parliament itself of legitimacy. Laws that this court has overturned, such as the one on elections, etc., would be invalidated, bringing down state institutions with them. Thus, yesterday also marked a warning of the gravest blow the judiciary in Albania could suffer. It is entirely normal for bodies seeking to amend the exercise of power to lean toward a court of force, which cannot coexist with a state governed by the rule of law. The logic of gangs has reached the Speaker of Parliament, leading him to use his own brain to deal a death blow—something normal in a democratic country. [The source text is corrupt here.] This attack on the justice system in Albania is unprecedented since the beginning of the parliamentary period. The Albanian judiciary has faced major challenges in parliament: amendments to the law on the High Council of Justice; provocations and decisions aimed at taking over the courts and appointing judges; pressure and threats against judges to remove them and impose sentences; and the use of judicial appointments to impose a harmful practice on other courts and state judicial bodies. [The source text is corrupt here.] The Albanian state was placed in doubt yesterday by the Speaker of Parliament's statement. It cannot function without its legal system, without an independent legal system. The language of violence is incompatible with the judiciary of a state governed by the rule of law. It would be in the country's best interest for the judges who built it to remain in place. [The source text is corrupt here.]

The Constitutional Court reports the head inspector of the pyramid schemes to the Prosecutor's Office

The Constitutional Court has asked the Prosecutor's Office in Tirana to initiate criminal proceedings against the government-appointed administrator of the company “Vefa Holding”, Farudin Arapi, who is accused of slandering the highest-ranking female judge. The Constitutional Court reports the head inspector of the pyramid schemes to the Prosecutor's Office ON PAGE 3

Nano's minister will answer for insulting the judges ON PAGE 3

Unionists: We will use every democratic means that ensures our survival The Batres Miners' Unions send their latest petition to 12 state institutions: Stop the tragedy! Wages must keep pace with prices, and we must work in complete safety ON PAGE 5

Berisha, Pollo and Demi meet with US Assistant Deputy Secretary of State Ailin Molloi Democratic Party Chairman Sali Berisha, Deputy Chairman Genç Pollo, and Secretary for Foreign Relations Leonard Demi yesterday held “a meeting lasting more than an hour and fifteen minutes with US Assistant Deputy Secretary of State Ailin Molloi. At the meeting, which was characterized by sincerity and understanding, Ms. Molloi expressed her and Washington's appreciation for Mr. Berisha's contribution to resolving the crisis, and asked to hear his and the opposition's views on political and economic developments in Albania. Mr. Berisha said that the country was in a state of confrontation, rooted in violations of constitutional laws, the amendment through a super-urgent procedure of laws that safeguard the independence of the judiciary, the obstruction of the rule of law through violations of other constitutional laws and institutions, and the failure to respect any agreement signed by the government and the opposition. The crisis was deepening further and was directly linked to the highest-ranking government officials and the crime on the streets in recent weeks. Darkness and information manipulation, and the old way of handling issues, are other features of the new regime. Ms. Molloi stressed that the American Administration was concerned by its finding that there is no rule of law in Albania, that laws are not respected, and that the procedures for amending constitutional laws, interference in the independence of the judiciary, and the reinstatement of Security employees and people involved in crime are unacceptable. In general, we are concerned about the failure to restore order and the violence in the public media in Albania. Ms. Molloi also stressed that the American Administration supports democracy in Albania with complete impartiality and regularly communicates all its positions to the Government. Regarding crime, she observed that, apart from Tirana, order had not been restored. Ms. Molloi said that your concerns about control are justified, because there can be no reforms or institutions alongside smuggling, and the United States is ready to contribute to stopping this smuggling. During the meeting, Mr. Berisha stressed that the failure to respect laws and their violation, and the failure to honor signed agreements, constitute the greatest difficulties for the Albanian opposition. “I want to assure you,” he said, “that we are determined to use only democratic means to achieve our goals in defense of the values of democracy. We are indeed not in parliament, and that does not accord with our principles, but this has been imposed on us because the majority wants to use the opposition as a façade, and we cannot be a façade.” Ms. Molloi stressed that, for those unfamiliar with the situation in Albania, the Democratic Party's absence from parliament may be interpreted as an uncooperative stance. Mr. Berisha asked Ms. Molloi to convey his warm regards to Secretary of State Ms. Olbrajt.

Alimuçaj reveals where the Albanians' money is ON PAGE 2

Armed farmers from the farm ambush the police ON PAGE 2

Neritan Ceka and Gaqo Apostoli indifferent ON PAGE 4

YEAR VII of publication No. 277 (1802) SATURDAY 6 December 1997 Price: 20 lekë 1,000 Italian lire 250 drachmas

The Constitutional Court overturns the decision of the majority MPs. Parliament, the president and the government are illegal. The country is plunged into a deep institutional crisis