Article 102 of the Code of Criminal Procedure seriously violated: The accused’s examination of the case files The requirements of Article 76 of the Code of Criminal Procedure, which stipulates, are violated: PETITION For the return of the criminal case against FATOS NANO for completion of the investigation, since the rules of criminal procedure have been seriously violated Before the Tirana District Court Article 102 of the Code of Criminal Procedure seriously violated: The accused’s examination of the case files “When it is considered that the evidence is complete for sending the case to court, the investigator is obliged to notify the accused that the investigation has concluded, give him the opportunity to examine all the case materials, and ask him whether he requests that supplementary actions be carried out, drawing up a record to this effect. When the accused requests the carrying out of actions that are relevant to the case, the investigator is obliged to complete them…” The requirements of Article 76 of the Code of Criminal Procedure, which stipulates, are violated: “The accused is immediately and in detail informed of the charge brought against him. He is notified of his right to make statements concerning the charge and, when he so requests, is given the time necessary to prepare…” PETITION For the return of the criminal case against FATOS NANO for completion of the investigation, since the rules of criminal procedure have been seriously violated Before the Tirana District Court In recent days, the Tirana District Prosecutor’s Office has sent for trial the materials of criminal case No. 1118 of 1993, concerning the misappropriation of state property and the falsification of official documents under Articles 62 and 110 of the Criminal Code. In this particular case, the prosecutor did not allow us to examine the case materials and, consequently, I could not present arguments as to whether the procedures had been carried out in accordance with the rules of criminal procedure, or whether supplementary investigations should be conducted. From the only testimony with which Nano was acquainted, it emerged that he had misappropriated state property. Where did this misappropriation take place—in the warehouses of the Albanian state, or elsewhere? Was there an agreement to commit the criminal offence; between whom was the agreement made, when, where and in what form, etc.? Thus, the prosecutor not only fails to fulfil the obligations set out…

Albania heading back to the seventies BBC in Albanian will no longer be heard on medium wave RTVSH terminates contract with BBC BBC Radio in the Albanian language, which resumed its broadcasts a year ago, will no longer be heard on medium wave starting Tuesday, March 1. The above-mentioned radio station announced this on February 23 and 24, expressing deep regret. According to it, Albanian Radio and Television will not renew its contract with the BBC for this waveband, while the current contract expires on February 28. Albanian Radio and Television informed the BBC of this decision only two weeks before the contract expired. For this reason, the BBC informs listeners that they can follow its broadcasts after March 1 on shortwave and FM. The BBC’s announcement above does not explain why Albanian Radio and Television is not renewing its contract with this radio station, which is now heard by millions of Albanians throughout Europe. RTVSH itself has also not explained to the public why it is making such a decision. But it is not difficult to understand that, following the unprincipled attacks on BBC Radio in the press of the ruling party, the action described above is an obscurantist political act by the present Albanian authorities to restrict the ability of Albanian public opinion to communicate with the world through accurate and objective information. The present authorities in Albania want Albanians to listen only to the radio and television controlled entirely by the Democratic Party. It would not be surprising if, in the near future, Albanian Radio and Television also terminated its contract with the BBC for medium wave and FM. Thus Albania is rapidly heading back to the seventies, when the Albanian-language broadcasts of the world’s most authoritative radio station were shut down for the first time. H. JUPE

Yesterday, in one of the halls of the “Ali Kelmendi” Palace, the National Committee of Veterans of the Anti-Fascist National Liberation War of the Albanian people held a press conference. Yesterday, in one of the halls of the “Ali Kelmendi” Palace, War of the Albanian people held a press conference. Journalists from various media outlets, veterans and other guests attended. At the beginning, a statement by the committee was read, through which it responded to a group of “m…shmër…sh” veterans who have issued a “call” for veterans to unite in a separate organization according to a “platform” put forward by them. The Organization Albanian people, it was said at the conference, has more than 50,000 members, or 99 percent of the veterans living today. Nevertheless, this organization is open to cooperation with any group or association that recognizes the Anti-Fascist National Liberation War and feels itself to be isolated. The honor of the war veteran is honored by all those who took part in it, without being influenced by their functions or duties after the war. The veterans’ organization sees history as it was, without politicization or distortion for party interests. Appreciating and caring for the events of this War will remain one of its main areas of work in the future as well. The journalists’ questions were answered by Pirro Dodbiba, chairman Liberation War. Correspondent of “Zëri i popullit”

Criminal Code. The submission of the case for trial, as we shall discuss below, is contrary to the law. Under Article 102 of the Code of Criminal Procedure, when the Prosecutor considers the evidence complete for sending the case to court, he materials, and ask him whether he requests that supplementary investigations be conducted, the case, the prosecutor is obliged to complete them. As you will see from the case materials, the prosecutor acted contrary to this rule of criminal procedure, which guarantees me, as the accused, the right to examine the case materials and present my arguments concerning the evidence collected, or to request that other supplementary investigative actions be carried out. Examination of the case materials and hearing the arguments, as provided for by law, must necessarily take place without interruption, since it is his right thereafter to decide how to conduct his defence. In this particular case, the prosecutor did not allow me whether supplementary investigations should be conducted. Of the only testimonies brought to his attention [?] to Mr. Ridvan Qori (volume 3, pages 1–10), they are invalid not only because of the content, in which he describes circumstances whose source is unknown, but also because the first record is unsigned by him, a primitive act contrary to Article 42 of the Code of Criminal Procedure, while the second testimony was taken not in the form required by the Code of Criminal Procedure, but by a Rogatory Commission with the Prosecutor of Rome, which is not provided for by Albanian criminal procedure. The Prosecutor’s Office acted in violation of Article 76 of the Code of Criminal Procedure, as set out in Law No. 7717 dated 2. 6. 1993, which stipulates: requests, is given the time necessary to prepare.” On 14. 2. 1994, that is, one day before the Prosecutor’s Office concluded the investigation, I was notified of the decision to change the wording of the charge. This decision was superficial and unsubstantiated. We therefore asked the prosecutor handling the case to clarify what we were to understand by supplementing the charge, who the persons were with whom it was alleged Fatos Nano had misappropriated state property, where this misappropriation had taken obligations established by Article 76 of the Code of Criminal Procedure to explain the charge in detail, but does not do so even when we request it. In other words, regarding the new charge that was stated in general terms, the Prosecutor has not managed to make it understood, let alone investigate it. After the decision to change the charge was communicated, no investigative action was carried out. For the reasons set out above, we ask you, Mr. President, to order that the case be returned to the Prosecutor’s Office, since the procedural rules that guarantee my right to examine the materials and present my arguments concerning them, or to gather other necessary evidence, have been seriously violated. Likewise, since there is so far no evidence supporting the charge, as is apparent from the Indictment, which refers to no evidence, and given that the case should be investigated together with the persons alleged to be the direct beneficiaries of the thefts of aid, we request that the detention measure be lifted. Respectfully, LAWYER PERPARIM SANXHAKU FATOS NANO Note: This petition was sent for information to the European Parliament and the Inter-Parliamentary Union.

On Friday at 18:00, Russian singer Aleksandër Podvallotov, known for performing romances and traditional Russian songs, will give a concert in the hall of the Academy of Arts.

On Saturday, February 26, at 12:00, an extraordinary meeting of the FRESSH Steering Committee will be held at the headquarters of the FRESSH General Steering Committee. Representatives of FRESSH branches from the districts are also invited to attend. FRESSH Presidium

TODAY AT THE TIRANA COURT: The crime has already been committed — The court can only wash away some of the state’s shame toward the press — Today, dozens of journalists from the independent newspaper “Koha Jonë”, Aleksandër Frangaj and Martin Leka, will be tried at the Tirana court. The court will assess whether the two journalists have committed a crime. In reality, the crime has been committed. This is not a crime committed by journalists, but a crime committed by the state alone against the press which, in Albania, in one case? [?] for that billion? [?] are in prison? [?] and this is not only a crime, but also an encroachment? [?] The only? [?] ... Placed in a political situation? [?] in the name of “justice”, imprisonment, arrests, press restrictions, barbaric fines—these phenomena have become commonplace over the past few months. Albania has? [?] the largest number of journalists, as is regarded? [?] among states in the eyes of international public opinion, it is country number? [?] with the greatest? [?] number of convicted journalists. This is the crime committed against the free press in Albania. Frangaj and Leka are only some of the victims of this loneliness. The court will deliver its verdict. Albania? [?] is this a chance for the country? [?] It can deepen this crime by convicting the two journalists and thus demonstrating “the complete truth about the so-called ‘free press in Albania’”. On the other hand, it has the opportunity to declare the journalists innocent and… [?], even to apologize for their imprisonment. At least that would wash away some of the present authorities’ shame over the crime they committed by imprisoning journalists. Because, after all, justice? [?] ... Today millions? [?] ... HAMDI JUPI

READ ON PAGE 3 - The menu served in an old establishment called the Court is a set of dishes known as the 1977 Criminal Code. - The outdated old mechanism, which is being clumsily called for today in a new style sponsored by the Albanian democratic state. - Our thought today: Ristani Kura? [?] ... 1990–February 1991: You trampled it underfoot yourselves, Mr. Ristani—your courage! On your side, on the plane of justice, are more than half a million journalists from around the world. Today, a trial will be held at the Tirana court against the editor-in-chief of the independent daily «Koha Jonë», Aleksandër Frangaj, Martin Leka and several others? [?] ... While the latter were arrested about a month ago, Frangaj and Leka, along with their newspaper, were subjected quite “normally” to police repression for several days, until at last the arrest warrant for Frangaj, and later Leka, was handed over to him (the order). The charge brought against them is “disclosure of state secrets” in collaboration and “action and slander” ... (continued on page 3)