23/02/1994
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Zëri i Popullit

23 February 1994

THE RETURN OF THE INVESTIGATION, INCOMPETENCE AND THE PARTY ORDER CAUSE THE PROSECUTION TO REACH WRONG CONCLUSIONS

The court must once again order the return of the NANO case for further investigation. The file went through procedural criminal irregularities committed by the Tirana District Prosecutor’s Office in the investigation of the criminal case against Fatos Nano. PËRPARIM SANKXHAKU, lawyer Apart from the legal reasons arising from the Tirana District Court, which, with decision no. 12, dated 6.1.1993, did not bring the judicial review to an end, instead sending the case back for further investigation, there were also criminal procedural violations whose consequences render null and invalid the Tirana District Prosecutor’s Office decision of 26.01.1993 to dismiss the criminal case against Fatos Nano. It is not difficult to understand what ignorance or professional incompetence, at best, or submission before a party order, at worst, caused the prosecution to reach wrong conclusions. It is enough to compare these with the Tirana District Court’s decision of 31.01.1993 concerning the prosecution of this case. What stands out, and stands out immediately, is the fact that the dismissal decision of 26.01.1993 was taken without questioning the accused person and without gathering the necessary materials. The decision contains no full analysis of the evidence collected, nor of the complaints and claims submitted. On the contrary, there are clear departures from procedural obligations. In this sense, the file should have been returned for a full, thorough and objective investigation. The preliminary investigation had not clarified essential circumstances of the case. Necessary actions were missing, as were questioning of persons with knowledge, expert examinations and confrontations that were required. Instead of correcting these deficiencies, the prosecuting authority rushed to dismiss the case. This way of acting is contrary to criminal procedural law and to the principles of the administration of justice. Any such decision, based on an incomplete investigation, is vulnerable and must be set aside. Consequently, the court must once again order the return of the case for completion of the investigation. If the prosecution had correctly applied the law, there would be no room for doubts about its objectivity. But the way this case has been handled, as well as the haste to close it, creates the conviction that, in addition to professional incompetence, there was also the influence of a political order. Therefore it is essential that the case be reconsidered seriously and that all procedural actions be carried out in accordance with the law. Only in this way can a fair decision based on evidence be guaranteed.

DENIAL

In the 22 February issue of the newspaper “Zëri i Popullit”, in an article published under the title “PSSH will denounce with a lawsuit...” a distortion was made of the meaning of the statement by the Kavaja District Assembly, concerning an activity of the Kavaja Assembly, by misinterpreting it as “fraud”. For the clarification of public opinion we inform you that not only does no such document exist, but any assertion in this regard is also untrue. In this connection, the leadership of the PSSH in Kavaja maintains its position and calls for the truth to be clarified without distortion. Tirana, 22.2.1994 The Reorganization Presidency of the People’s Assembly of Kavaja

Did PJETER ARBNORI lie? ...

NO COMMENT Did PJETER ARBNORI lie? ... A letter from the Speaker of the Albanian Parliament Pjetër Arbnori addressed to the President of the European Parliament and other ambassadors. Its text would be a “signature” neither in parliament nor in the Presidium of the People’s Assembly. - A lawsuit is expected against PJETËR ARBNORI, “for falsifying official documents”.

Prejudice or lack of knowledge of procedures?

(Continued on page 2) The decision of 10 February 1994 by the Tirana Court, according to which the “Nano” file is sent back again to the investigation service for completion, has sparked many comments. In this context, a series of procedural violations committed during the preliminary investigation are highlighted, seriously undermining the validity of the acts. The authors of the criticism stress that failure to respect deadlines, failure to submit evidence and failure to question the necessary persons are signs either of prejudice or of a lack of knowledge of procedures. As a result, the return of the file for further investigation is seen as necessary.

Two months without SOCIAL SUPPORT

(Continued on page 2) Various residents complain that for two months they have not received social support. According to them, the delays have caused major economic difficulties for needy families. They are calling for the intervention of the relevant institutions to resolve this situation immediately.

A group of investigators is inspecting customs

(Continued on page 2) Official sources report that an investigative group has begun inspections at several customs posts in the country. The purpose of this action is to verify possible violations and identify abuses of customs procedures.

(Continued on page 2)