10/01/1993
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Zëri i Popullit

10 January 1993

OUR PRISONERS AROUND THE WORLD

Writer R. Ll., who had returned from Ioannina, read me the notes he had taken during a conversation with an official there: “A week ago I was on business at the prison in Ioannina and found 50 Albanians there. From what I understood, most had been imprisoned for minor things, necessities of the refugee’s daily life. What are you doing, why don’t you raise awareness in Albania about this?” There are also citizens of other countries, Italians, Turks, Israelis, etc., but their governments know how many prisoners they have, why they have been detained, take an interest in them, protect them, pay money too, and secure their release. To convince his interlocutor, the official called over a private lawyer, who gave more detailed and professional explanations. “It is one of the sharpest problems we have in Greece,” she said, “but this problem ought to hurt and concern you more.” And both added: “You should ‘raise the alarm’ in parliament, make an appeal to the president, compel the government and the Ministry of Foreign Affairs to intervene with our government over the fate of your neglected people.” Oh God! How long must we take lessons from others on how to gather together and help our own people? While other governments are deeply interested and active, know how many refugees and detainees they have, where they are and why, intervene with the governments of other countries, pay and secure the release of their citizens, the Albanian government has shown no interest during these two years of mass and unprecedented exodus. 50 people in Ioannina. What about all of Greece? What about elsewhere? How long will our people be pursued by prisons? How far? The government and officials may not be shaken by facts like this, but the people must not sleep. THANAS DINOS

A suggestion

. Last year brought two spectacular events for the Albanian parliament’s mandates committee: the lifting of the immunity of Mr. Azem Hajdari and Ilir Meta. Regardless of what was discussed, how it was discussed, and what “arguments” were presented, these sessions were nevertheless used, and in the end the New Year 1993 found this parliament short of two immunities. And strangely, although they rushed to lift these immunities “to establish equality before the law,” although [text unclear] give an account for the unjust accusations? Or perhaps the discussion of restoring immunity is being postponed to the Greek calends precisely to avoid this accountability, under the pretense of exercising power? Those who are afraid need not be. To date, in this all-pathetic democracy, not a single example of the PD has been punished, neither when it broke the law, as did the head of public order in Berat, nor when its members carried out actions bordering on punishable offenses under the law. On the contrary, they have been rewarded with positions and ranks, and their misdeeds have been covered up. And yet two members of the Albanian parliament continue to be without immunity, until the order comes from the place where the order to remove immunity originates. PETRIT PËRMETI … the rights of a foreign citizen and immunity. And if this happens, who should the place where the order to remove immunity originates.

Stop the “jokes,” officials

Gjekë Çelaj writes from prison I have been informed that for several days RTVSH has been telling the public that, among those convicted in the Shkodra trial, only Aledin Syhti and Dilaver Papare have appealed to the second-instance court (the court of appeal). It is difficult not to conclude that the purpose of such a repeated announcement is to create the illusion that the verdict is fair and that, since only the convicted persons have appealed and most of them (three out of five) have done something else, they agree with it. But the people, besides eyes and ears, also have logic. They saw and heard the trial and know well how guilty we are. They also understand that someone who has not been punished and seeks acquittal until the final day of the trial cannot agree with 15 years’ imprisonment. I, personally, have not been and never will be in agreement with any guilty verdict. For this reason, within the legal time limit, I submitted my appeal to the court of appeal in Shkodra. By this I want to remind the Albanian justice authorities publicly that they must observe the legal time limits in considering the appeal, because, given even what they have done so far with this case, I assure them that there will be no lawyers in the world able to defend them. As for the verdict, let them do as they wish or as they see fit. They say Albania is a country of justice, since justice in Albania is a word whose meaning you can find only in a dictionary; and it will remain so for as long as passion sits at the wheel and reason in the back seat. The rights of the defendant. I request that the criminal case against defendant Kino Buxheli be separated from that of Nexhmije Hoxha, since there is no connection showing that they committed criminal acts in collaboration. The law was also violated in the search of the defendant’s home, and I requested the opening of criminal proceedings concerning this; by decision of the head of the General Investigation Office, refusal to open criminal proceedings was declared. I request that the prosecutor overturn the refusal to open criminal proceedings and initiate proceedings under Article 106 of the Criminal Code. Code. The prosecution service, under the law, operates as a single, centralized body. The provisions of the law give the higher-ranking prosecutor the right to participate in lower judicial instances. Therefore, the lawyer’s actions are not in accordance with the law. Regarding the request to separate the criminal case of defendant Buxheli from that of defendant Hoxha: the indictment accuses them of acts committed in collaboration, and in such cases the law allows them to be joined as a single case at the trial stage. Regarding the complaint about violations of the law by the investigator, his actions [text unclear] lekë in collaboration with defendant Nexhmije Hoxha, as well as abuse of office in collaboration, 2145382 lekë. Later, the indictment accuses defendant Kino Buxheli of committing the crime of misappropriation of state property for the benefit of other persons, specifically former leaders of the PPSH and the state: Adil Çarçani, Manush Myftiu, Vangjel Çërrava, Foto Çami; Rita Marko, Qirjako Mihali, Lenka Çuko. Prokop Murra, Llambi Gegprifti, (Continued on page 3) While those who deal with propaganda, I would like to ask you: Enough with the “jokes” about this matter, you “jokers of progress”; let Qazim Gjonaj keep the chief-chatterbox decoration. Good luck to you!

THE TRIAL AGAINST NEXHMIJE HOXHA AND KINO BUXHELI BEGAN

Yesterday at 9 o’clock, at the Tirana court, in the presence of a large number of local and foreign journalists, in a courtroom too small for the great interest, the trial against Nexhmije Tefik Hoxha and Kino Dalan Buxheli began. At the start of the hearing, the presiding judge, Muharrem Kushi, deputy chairman of the Tirana District Court, announced the list of people summoned to the trial as witnesses and experts. He also explained the defendants’ procedural rights. He announced the names of the members of the judicial panel and of the prosecutor, Teodor Mosko. The two defendants stated that they agreed with the composition of the judicial panel. They said they had appointed Dhimitër Beshiri as defense counsel for Nexhmije Hoxha and Përparim Sanxhaku for Kino Buxheli. After this, lawyer Përparim Sanxhaku asked for clarification as to whether the prosecutor in the case, Teodor Mosko, had an authorization from the Prosecutor General assigning him this duty, because, he said, I know him as a prosecutor of the court of appeal. He also lodged a complaint with the judicial panel about the investigator’s unfair actions and violations of the law during the investigation of this state-property case. During the criminal investigation, the investigative authorities violated the law, including with regard to guaranteeing the defendant’s rights. He requested showing that they committed the criminal offense of the defendant’s home, and in this respect [text unclear]. The prosecutor in the case, Teodor Mosko, speaking, requested that former Minister of Health Ahmet Kamberi also be summoned as a witness. Regarding lawyer Sanxhaku’s actions, he said that this should be borne in mind. DECISION (no comments) In order to ensure a fair and objective trial and protect the interests of justice, the judicial panel considers that live broadcasting on Radio and TV before the conclusion of the judicial investigation would cause harm and obstruct the discovery of the truth. The materials submitted by the prosecution show that some of the explanations given by the defendants and witnesses are contradictory, making it necessary to confront them during the judicial investigation. Live broadcasting would reveal the conduct of this very important procedural act and would seriously damage the trial itself. For this reason, the court decided that the judicial investigation should be broadcast on radio and TV only after it has been fully completed. This decision is binding on the journalists invited to attend the trial as well. They may report the statements of the defendants and witnesses only after the judicial investigation has concluded. From this moment, live broadcasting of these proceedings by the media is prohibited. The new law on the justice authorities must be taken into account. The prosecution is an authority empowered to pursue a criminal case in court as well. Under the law, this body operates as a single, centralized entity. The provisions of the law entitle a higher-ranking prosecutor are not in accordance with the law. As for the request to separate the criminal cases of the defendants, this was done in accordance with the law. The decision to conduct the search of the home is also based on the law. Defendant Nexhmije Hoxha said that during the investigation she had requested that Kino Buxheli’s case be separated because the allegation does not stand, as she would prove during the hearings. Nevertheless, she had accepted it so as not to prolong the case. Besides, she had heard that television and radio would not broadcast live, but later. “Later,” she said, “there will be manipulation.” After this, the presiding judge explained that the prosecution had treated the case as an offense committed in collaboration and that this would be dealt with during the trial. The judicial panel also considers the request to prosecute the investigator to be unjustified with respect to this judge, the chairperson, and the request to initiate this case. As for the prosecutor’s request to summon the former Minister of Health as a witness, the court considers it justified. The court will rule later on the request for a live radio and television broadcast. After this, prosecutor Teodor Mosko read the indictment against defendants Nexhmije Hoxha and Kino Buxheli. According to the indictment, defendant Nexhmije Hoxha is accused of committing the crime of misappropriating state property amounting to 764192 lekë, of which 712 172 lekë in collaboration with defendant Kino Buxheli. She is also accused of abuse of office amounting to 121738 lekë, of which 59840 in collaboration with defendant Kino Buxheli, sums provided for under Articles 62 and 106 of the Albanian Criminal Code, together with Article 13 thereof. Defendant Kino Buxheli, in collaboration with other persons, committed the crime of misappropriating state property amounting to 326128 lekë, of which 712142 abuse of office in collaboration amounting to 2145382 lekë. The indictment then accuses defendant Kino Buxheli of committing the crime of misappropriating state property in the inter-

THE DUALITY OF MISGOVERNANCE

The government first drove in the “wedge” against local government when, simply through an act of negligence, it created the so-called directorates under the direct authority of the ministries. On the basis of the authority granted by the law on local government, the council decided that sections and offices should be established in the administration of the Municipality of Tirana. No one knew that directorates would later be added as well. As a result, parallel bodies were created that duplicate one another. From a legal standpoint, the sections and directorates are legitimate. Even if one accepts the view that the latter are necessary, an amendment must be made to the relevant law. Government decisions and ministerial instructions are issued to implement laws, not the other way around. For example, the council analyzed the duality that has arisen between the chief directorates in the education sector. The sole argument is that the chairman, who is not subordinate to the Ministry of Education, is on the council and has [text unclear; the source reads “abotana”]. According to this, the directorates have authority over content, curricula, inspection and qualifications … (Continued on page 2)

TO BRING THE NATIONAL QUESTION BEFORE INTERNATIONAL POLITICAL CIRCLES

Question: You are the chairman of the France-Albania Association based in Belfort. When was this Association established, and what has been and continues to be its aim? Answer: Since there are several cultural, humanitarian, and human-rights associations in France, on March 2, 1992, we decided to coordinate these associations and also establish the France-Albania Association for Albanians in France. On March 18 of that year, this was announced in the Official Journal of the French Republic as a cultural association of Albanians in France. Later, following an amendment to its statutes, it became a Franco-Albanian association. But we had to justify all our activities through various initiatives, including before representatives, so that we could be granted legal authority to operate together, and so the French would know about the problems of the Albanian diaspora. And on November 30 of last year we registered as a Franco-Albanian cultural, humanitarian, and social association, and the first legitimate national consultative body of Albanians in France was established here. The headquarters of both are in Belfort. Why Belfort? Because this city lies on the border between France, Germany, and Switzerland, and because there is an industrial area here where the «Peugeot» company operates, the high-speed «Alstron» train is manufactured, etc. So there are also many Albanians working in this area. Question: How many members does your association have? Answer: In France-Comté alone, which is one quarter of France, whose capital is Belfort and where the mayor is— (Continued on page 3)

A reminder to the government, parliament, president

ANNOUNCEMENT

On 8 January 1993, a meeting was held between representatives of the PSSh and the Social Workers’ Party. At this meeting, the parties presented their views on a range of issues concerning the current domestic situation, national cooperation, inter-party relations, etc. At the meeting, efforts to establish a common language among the various political forces were praised, and positions on specific issues were also aligned with a view to resolving them. Bilateral meetings, which should become more frequent and expand into multilateral ones, prepare the ground and pave the way for cooperation among the various parties. The Social Workers’ Party was represented at the meeting by comrades Ramadan Ndreko, party chairman, Gjet Elezi and Dobjan Dervishi, vice-chairmen of the PSSh, and Bardhok Elezi, chairman of the PS P for Tirana. The comrades Servet Pëllumbi, Namik Dokle and Fatri Sinani attended the meeting on behalf of the PSSH. PSSH Spokesperson

Clarification

We clarify that the signatories of the article «They are not alone…», published on 26.12.1992, used a pseudonym, and it has no connection with any person bearing that name. We apologize for this misunderstanding.

ANNOUNCEMENT

Today at 18:00, the ballet «Giselle» by the French composer Adolf Adam, choreographed by Agron Alia, will be performed at the Opera and Ballet Theatre. The leading roles will be performed by Oriada Islam, Altin Kaf­tira, Alma Mushani and Pëllumb Agalliu.