The Constitutional Court is afraid to defend the law, afraid to demonstrate its independence, afraid to provide evidence of democratic emancipation, afraid to break free from the party’s clutches . When all the members of the Constitutional Court, led by their chairman Rustem Gjata, entered the courtroom at 13:00 on August 10, 1993, to announce their decision concerning the petition filed by the Socialist Party parliamentary group against the unlawful and unconstitutional decision of the Tirana district prosecutor to arrest the Chairman of the Socialist Party and deputy in the People’s Assembly, Fatos Nano, many of those present thought for a moment that at last justice would be done to the Socialist Party. In other words, the decision of the Tirana district prosecutor to arrest the deputy was deemed fair. They did not enter the courtroom, and then they left it. They left, having signed a document, having signed it well... The arrest of Fatos Nano once again confirms that if you denounce the foul policies of the Democratic Party government, if you denounce the fact that Albania is not governed in Albania and by Albanians, if you denounce the Hilles and Rajersons who stir up crowds, if you denounce as unjust the economic reform of those in power in an Albania of 500,000 unemployed people, utterly ruined by the zero-level policies of politicians all of equal worth, you end up in prison—even if you may be a deputy, a party chairman, an honest citizen, or a worthy intellectual of your country. And in the face of such revanchist actions, the organs of justice do nothing but sing along, as did the Constitutional Court, which once again showed how afraid it is to defend the law from the violation of party orders; it showed that it is democratic emancipation at a time of revanchism, when this is needed more than ever; it showed that it is afraid to break free from the clutches of the party-state of violence and police terror. LUAN M. RAMA … The Minister of Finance for the arrest of the Chairman of the Socialist Party and member of for a moment that, at last, justice had been given an opportunity to demonstrate its legality, independence, and integrity. But only for a moment, because everything remained a mere illusion. For what happened was what has been happening for almost two years with the organs of justice, which have lost awareness of the enforcement of the law and have submitted themselves, even to the point of enslavement, to the power of the Democratic Party. … first obtain Parliament’s consent for this extreme measure, as Article 22 of the Constitutional Provisions states very clearly. While Mr Gjilani was reading those white sheets written in black ink, it was not difficult to notice his trembling hands, nor was it difficult to make out the frozen faces of the heads hanging over the bodies of the members of the Constitutional Court, who, in a flagrant violation of the law and human rights, left, signing yet another testimony that human and professional conscience submits to party orders and dictates. And so they left like shadows, walking slowly as they signed a shameful decision that stains not only justice, which was already stained even without that decision, but also the very nobility of those repentant old men who hesitated to address themselves; after the violence the political state inflicts on the opposition, if one is free from politics. After the televised informational violence against those who disagree with the rulers. … who are assessed … the definition … of of those repentant old men.

We had hoped that the Constitutional Court would send a message of democratic emancipation by respecting the Constitutional Provisions, respecting the truth, respecting the law. But it obeyed the political powers, ha— After the television information assault against those who disagree with the people in power.

The Deputy Chairman of the Socialist Party of Albania, Dr. Servet Pëllumbi, yesterday received at the headquarters of the Party’s General Steering Committee the group from the Swiss Foundation for Parties in Eastern Countries, led by Mr Michal Bader. Democratic concepts of what the opposition is, what its role and duties are, and when it is, I mean, sense Pa-

- Decree No. 7408 of July ’90 and its Article 6 come to the aid of those in power - Gjergj Bita is sentenced to 30 days in prison for having been on «Miqësia» Street - One trial is adjourned; the trial is postponed because witnesses failed to appear - … In the other trials, the proceedings are postponed because witnesses failed to appear. Yesterday, Gjergj Bita, Seit Kendella, and Behar Muça appeared before the Tirana court, accused of the criminal offence of «illegal gathering». At 10:20, Seit Kendella and Behar Muça appeared before the panel of judges presided over by Adrian Nuni, with prosecutor Agim Dishnica, and asked to be charged with the criminal offence of «gathering at an illegal rally» under Article 6 of Decree 7408, on illegal gatherings, issued in July 1990. Seit Kendella, aged 55, said: I was sitting across from the crowd as the rally was ending, together with the police who were breaking it up and dragging his wife away. He approached the police and told them that a woman must not be beaten. The other witnesses, out of human compassion, [said] a policeman addressed me: «What’s the matter with you?» And «you’ve got hold of me and put me in the car.» Mi. The statements in the criminal proceedings were examined one by one. Then the prosecutor read the closing argument and asked that [he be] declared guilty … The trial will continue … (Continued on page 3)

The Deputy Chairman of the Socialist Party in Albania, Dr. Servet Pëllumbi, yesterday received at the headquarters of the Party’s General Steering Committee the Swiss group from the Foundation for Parties in Eastern Countries, led by Mr Michal Bader. The Deputy Chairman of the Socialist Party in the Party’s General Steering Committee the Swiss group from the Bader. Members of the Socialist Party Presidium, deputies Bashkim Zeneli and Ethem Ruka, also took part in the meeting. At the beginning, Dr. Servet Pëllumbi expressed his pleasure at meeting again, now in Albania, with representatives of that Foundation, which held a seminar in Switzerland last November on «Organization, duties and functioning, using Switzerland as an example». We valued the experience presented to us in Switzerland and shared it with Socialist Party leaders, deputies, and socialist councillors. Responding to Mr Bader’s interest in holding such a seminar in Albania in October, Dr. Servet Pëllumbi stressed that it would be very valuable and that, as the Socialist Party, we are committed to contributing with all our strength to its successful realization, so that we may benefit as much as possible from the rich foreign democratic and legislative experience. In response to Mr Bader’s request for an overview of political developments in Albania, Dr. Servet Pëllumbi said that we are concerned about the country’s current political situation. We have tried, and will continue, to send messages of cooperation, dialogue, and tolerance; Albania needs this today, as do the smooth progress of democratic processes and the establishment of the rule of law. If we have sent these messages, that does not at all mean that, as an opposition party, we should not criticize what is not going well, what is not moving along the path of true democracy. The Democratic Party cannot think that it can take power away from the people; it has the right to assume responsibility for Albania. We have called for the government’s resignation and a change in the course of governance. We have explained our reasoning and are calling for this again. We have raised our voices through the pressures. We insisted that equal sovereignty, which is supported by the violence of parliament and elej [?] conceives as people’s boundary that. We consider it democratic. If dictatorship democracy, We have called for punishment, with democratic purpose, of all rights in order to present it. … Mr Bader, [fragment unclear] in the discussion and the assurance of presenting the situation. Within this context, the so-called «Nano Affair» was also discussed. By targeting Fatos Nano, the trial for abuse of office seeks to target the Socialist Party. We have condemned the arrest of the opposition leader and deputy Fatos Nano as unlawful and unconstitutional, and we have demanded—and will continue to demand—his release. Justice in Albania has been placed under the political control and dictates of the party-state, which is governing by neocommunist methods. For two years now, those in power have had nothing left to do but accuse the SP of being a continuation of the Party of Labour. They offer no argument for this, and they will have no argument. Not only the Socialist Party, but no one in Albania wants or allows the return of communism. While they accuse us of communism, those in power themselves are acting with the same neocommunist methods as before, when the Party of Labour was in charge. This is clearly visible in Albania. As Dr. Servet Pëllumbi concluded, Albania today needs more than ever the language of dialogue, understanding, and cooperation. Democracy in Albania, even where it has made progress, has not advanced solely through the merit of the Democratic Party. The role of the Socialist Party in this process has been, and remains, indisputable and nationally democratic; therefore, the people who support it are the foremost consideration for the future. and duties are—and when I say this, I mean that the Socialist Party has been and will remain a constructive and resolute opposition. But everything we say is labelled destructive. If you do not make observations or criticize those in power, you are good; otherwise, you are destructive. Such concepts and actions by those in power and the ruling party have given rise to, and made evident, the danger of monism and a neodictatorship. Democracy in Albania is at risk; the rights of the opposition and the rights to freedom and human rights are being flagrantly violated. That is why we have also called for early elections. The intolerance of the Democratic Party and its parliamentary group has pursued and encouraged confrontation rather than dialogue. Calls even to outlaw the Socialist Party are absurd. We have denounced this and will continue to denounce it forcefully. The DP fears the undeniable growth in the authority and popularity of the Socialist Party. Within this context, the so-called «Nano Affair» was also launched. seeks to target the Socialist Party. We have denounced as unlawful and unconstitutional, and consideration for the future. Mr Bader [fragment unclear] during the discussion and the assurance of presenting the situation.

Council of Europe Parliamentary Assembly The President August 10, 1993 To Mr Servet Pëllumbi Deputy Chairman of the Socialist Party of Albania —Tirana— Dear Sir, Thank you very much for your letter of July 31, 1993, concerning the political situation in your country. The letter has been forwarded to the relevant committees of the Parliamentary Assembly and to the officials responsible for following the progress of Albania’s admission procedures to the Council of Europe. I would also like to suggest that, since your country has Special Guest status in the Parliamentary Assembly, the representative of your Party in the Albanian delegation may provide the relevant committees of the Assembly with further information at all future meetings. Yours sincerely, MIGUEL ANGEL MARTINEZ

the truth, respecting itself. But it obeyed the political powers, failing to heed the appeal of justice. After the unlawful arrest of Fatos Nano. After an unrestrained campaign of slander against the Socialists; After the blatant pressures and threats against the organs of justice; After the violence exercised by the political-police state against the opposition; the people in power. I think we have moved very far away from true democracy. Woe to the people—in whose hands have they fallen! NAMIK DOKLE Chairman of the Socialist Party Parliamentary Group.