MOTION FOR A RESOLUTION ON THE CASE OF FATOS NANO, MEMBER OF THE PARLIAMENT OF THE REPUBLIC OF ALBANIA Council of Europe Parliamentary Assembly AS HAS BEEN REPORTED IN THE PRESS, 26 DEPUTIES FROM 9 PARTIES AND 12 DIFFERENT COUNTRIES, SUCH AS SPAIN, FRANCE, THE NETHERLANDS, ITALY, POLAND, BELGIUM, PORTUGAL, HUNGARY, TURKEY, ETC., MEMBERS OF THE PARLIAMENTARY ASSEMBLY OF THE COUNCIL OF EUROPE, HAVE SIGNED A MOTION FOR A RESOLUTION ON THE NANO CASE. WE PUBLISH THE FULL TEXT: MOTION FOR A RESOLUTION ON THE CASE OF FATOS NANO, MEMBER OF THE PARLIAMENT OF THE REPUBLIC OF ALBANIA Council of Europe Parliamentary Assembly 1. On 30 July, Mr. Albania and Chairman of the Socialist Party of Albania, was arrested. Since then, he has been held by the investigative service in Tirana prison. 2. The arrest was carried out by the Tirana Prosecutor, appointed to this post 24 hours earlier. Two prosecutors before him left their posts, although they had not been convinced that there were legal grounds for Mr. Nano to be prosecuted. The arrest was made in the absence of a lawyer. 3. The arrest was carried out in violation of Article 22 of the «Constitutional Provisions», which stipulates: «A deputy of the People's Assembly enjoys immunity. A deputy may not be searched, detained, arrested, or prosecuted without the consent of the People's Assembly». The People's Assembly had decided only to lift his immunity. 4. Representatives of the Albanian state accused Mr. Nano of embezzlement during the period March–June 1991, when he was prime minister of the transitional government, in connection with the delivery of Italian aid to Albania. Meanwhile, the Tirana Prosecutor's Office arrested him on charges of abuse of office and falsification of official documents. 5. Article 47 of Albania's Code of Criminal Procedure provides that detention as a security measure is applied only when the accused is charged with offences for which the law provides a custodial sentence. Articles 106 and 110 of Albania's Penal Code provide, in this particular case, as the first type of punishment, a sentence of no more than [text unclear]. 6. The Albanian Court of Cassation declared the arrest insufficiently founded and sent the case back for a full investigation. Even after six months, no final charge has been formulated. 8. The Council of Europe has a particular responsibility to support the rule of law and the independence of the judicial bodies in safeguarding human rights and the political freedoms of the opposition. Consequently, the Assembly should undertake: I. to examine Mr. Nano's case, the arrest and the procedure for arresting and investigating a deputy in Albania, on the basis of which action was taken in the Nano case. II. alongside the Nano case, to examine other cases of violations of human rights and freedoms in Albania, during consideration of its application to join the Council of Europe. ROMAN, TUMMERS, IWINSKI, SOLE, TURA, CEM, CUIRADO, MORENO, CUCO, STOFFELEN, MARSSERET, BERNARDINI, PECRIAUX, BOLINAGA, FERRARINI, FERRARI, COVI, DE CAROLIS, PAIRE, VISBELLI, COLOMBO, AGNELLI, RODRIGUES BOKOV, GUENOV, HADDYDEMETRIU, TABAJDI. of the forgery of official documents. 5. Article 47 of the Code of Criminal Procedure in Albania provides that detention as a security measure may be imposed only when the defendant is accused of criminal offences for which the law provides a penalty of imprisonment. Articles 106 and 110 of the Criminal Code of Albania provide, in the present case, for re-education through labour as the first type of penalty. 6. Mr. Nano’s appeal against his arrest and his request to be tried while free were rejected by the Tirana Court on the grounds that «the offence of which the defendant is accused, as well as the defendant himself, pose a serious danger». Neither of these appears plausible in Mr. Nano’s case, because he no longer holds the government position that would enable him to commit the crime of which he is accused, while his public standing makes it unlikely that he would evade justice. 7. Albanian law provides that investigations into such charges must be completed within a two-month period. The investigating body brought a charge only after four months, but the Tirana Court considered it

A few days ago, Namik Dokle, chairman of the Socialist Party Parliamentary Group, met with members of the «Isa Boletini» association in Vienna. In addition to members of this association, other compatriots from Kosovo, Albania, Albanian-inhabited areas of Macedonia, etc., members of other associations, and supporters of various political forces also took part. The chairwoman of the «Isa Boletini» Association, Ms. Xhevahire Rustemi, was present at the meeting. The meeting was opened by the association’s secretary, Mr. Arben Kastrati. The discussion focused on the national question. All pan-Albanian political forces, Namik Dokle said, should reach agreement at least on two things: a) a unified national platform; b) concrete short-, medium- and long-term measures to implement this platform. Many compatriots asked questions and shared their views on this issue. Those present were also interested in the political, economic and social situation in the country, the role and standing of the Socialist Party in the life of the country and its international relations, the Nano case and its resolution, etc. The meeting took place in a warm, fraternal atmosphere. Press and Information Office of the Socialist Party of Albania

On 31 January 1994, a meeting was held in the village of Gjorëm, in the Laç district, between PSSH deputy chairman Ilir Meta, Presidium member Fatri Sinani and deputy Ndre Legisi, and residents of the villages of Gjorëm and Zheje, as well as the Sanxh(a)k neighborhood. At the beginning, PSSH deputy chairman Ilir Meta presented the political situation and the Socialist Party’s current positions on defending the interests of the section of society it represents, while confronting the numerous illegal and anti-democratic actions of the government. Since this is an agricultural area, he continued, it is useful to discuss your concerns, requests and suggestions so that we can reflect them in the proposals we will present at the Second National Conference of the PSSH. Regarding the PSSH chairman and People's Assembly deputy Fatos Nano, he explained that our request for the speedy examination of this matter, and the request by deputies from four parliamentary parties to change the detention measure, are two positive steps in this direction. With regard to new elections, he stressed, we consider them necessary to guarantee political balance; therefore, we have called for a pre-election pact and are open to dialogue. Alongside the parliamentary elections, we will also ask the entire people to vote on the constitution. The demand for early elections, Presidium member Fatri Sinani continued, is being made because things are not going well; political tensions have risen as a result of the intolerance of the party in power. The PD has usurped power at every level, there is no foreign policy with a clearly defined direction, the Albanian market lacks production, there are (Continued on page 4) The PD has usurped the state

The «Nano Case» in focus After another cycle of «lectures» in Strasbourg, Mr. Selami, the chairman of the PD, appeared on TUSH to once again present Albania’s successes as seen through Europe’s eyes. This interview about Europe also included a statement on the «Nano Case». Everyone, including those who call it the «Nano Case», knows how Mr. Selami has repeatedly spoken in various ways, using a vulgar, monotonous vocabulary and prejudging Fatos Nano, the chairman of the largest opposition party and a member of parliament. Even more shocking was the sight of him appearing in handcuffs, behind the narrow bars of a prison, with his hair shorn, apparently solely to carry out the scenario prepared against the opposition leader. This time on TVSH, Selami appeared in a different way: as a politician who also shows the respect that the civilized world has. Was this news for them, or a presentation of a defendant? From what one reads and hears, and from the uninterrupted coverage, it seems? Mr. Nano is 180 degrees different from? all these things. He appeared as if he had written? The message was brought to him with a recommendation from Strasbourg. Once again, Selami holds the same neo-communist mindset he has always had, despite being compelled to speak in a supposedly more cultured language. Europe itself proves him wrong. The pan-national organizations, including the Committee of the Inter-Parliamentary Union in Geneva, which examined the «Nano Case» in recent days, left it in the hands of the new circles. Europe condemned? Albanian justice has ruled and delivered its judgment, and therefore it is calling for the «Nano Case» to take a positive turn. This is a powerful response against the violation of Human Rights and political freedoms in Albania. This is the condition Europe sets for Albania to be accepted into the family of civilized nations. And Selami denies this Europe? He does not turn to the institutions of the Albanian justice system to seek a just resolution of the «Nano Case», but addresses the «Albanian authorities»…

To commemorate the 50th anniversary of those who fell in the massacres of 4 February and 28 February 1944, organized by the German Nazis and their Balli Kombëtar–Zogist collaborators, the Tirana Committee of Veterans of the National Liberation War, in cooperation with the association of the martyrs of the Albanian Nation, organized a memorial rally. Veterans and participants in the National Liberation War, members of martyrs’ families, workers,

Pursuant to Articles 82 and 85 of the Rules of the People's Assembly of the Republic of Albania, on 4 February 1994 Socialist Party deputy Bashkim Zeneli submitted to the Presidium of the People's Assembly questions for the Minister of Foreign Affairs, Mr. Alfred Serreqi, concerning relations between Albania and Italy. QUESTIONS To the Minister of Foreign Affairs Mr. Alfred Serreqi Mr. Minister, As a deputy of the People's Assembly, I observe that, particularly in recent months, a cold atmosphere has developed in relations between Albania and Italy. I see no reciprocal official exchanges expressing goodwill and commitment to overcoming this cooling of relations between the two countries. I request your answers to the following questions: 1. What is the state of political relations between the Republic of Albania and Italy (initiatives undertaken or to be undertaken in this regard; agreements signed; short-, medium- and long-term programmes; and problems in their implementation)? 2. What is the state of economic, technical, trade and cultural cooperation, and of mutual assistance (investments, agreements, financing, deadlines, implementation)? 3. What is the state of cooperation in the military field? What is your official assessment as minister of the «Pelican» mission? Why was the project to turn this operation into a military assistance mission not carried out? 4. What is the state of consular relations, and what steps have been taken in the fields of emigration and employment? 5. What are the relations and problems between the corresponding bodies of the two countries, particularly in the fields of public order, finance, justice, customs, etc.? On the above issues, I also request information about the prospects for relations between the two countries. Respectfully, Bashkim Zeneli Deputy of the People's Assembly Tirana, 04.02.1994.