FATOS NANO DOES NOT SHIRK JUSTICE, BUT DENOUNCES INJUSTICES AND FLAGRANT VIOLATIONS OF THE LAW TO GET WHERE PARTY ORDERS SAY
The prosecution’s manipulations cannot conceal the political character of the NANO trial
It seems that Mr. Bendo’s court has taken it upon itself to cover up the prosecution’s legal violations
The entire period that has elapsed since 30 July 1993, when the Chairman of the Socialist Party, a member of Parliament
… [unclear fragment] must be made known to him. Article 102 of the Code of Criminal Procedure is presumably familiar to all jurists, including those who have taken six-month courses. It expressly states
… [unclear fragment] rights enjoyed by detainees. But they say that time has passed. If so, if that time is over, why are the same practices being followed?
Fatos Nano demands respect for all his rights as a citizen, and you, gentlemen of the law, are obliged to grant them to him in full, in accordance with the requirements of your duty.
“Reliable sources” at RTSH and RD are contradicted
. Aid scandal: the Italian ambassador speaks from Tanzania. “My relations with Nano? You need evidence to accuse me.” New prosecutor in place of Canale
THE MYSTERY OF AMBASSADOR KARDILI
“There is no criminal investigation against me”
Carlo Bolini Franco Giuliano
Tirana. The news landed like a bomb in Tanzania. Torkuato Cardili, ambassador in Tirana during the Nano government, has been Italy’s chief diplomat in this African country for 11 months. News circulating continuously in Albania in recent days referred to the opening of criminal proceedings by the Rome prosecution service: but Cardilli now denies everything. A mystery that does not end there: five days ago, prosecutor Evelina Canale, who is already investigating representatives of the Italian Ministry of Foreign Affairs in connection with the aid scandal in Albania, unexpectedly asked to change offices. The aid affair has long also been under investigation by the Tirana prosecution service, and among those in prison over it is former Prime Minister Fatos Nano. Since leaving Albania, Cardilli has been followed by a trail of controversy surrounding reports that he was culpable. “No, it is not true that there is a criminal investigation against me,” Cardilli declares from Tanzania, speaking by telephone to the Albanian newspaper. “It is all false. Absolutely zero.” What do you mean by absolute zero? “That there is absolutely nothing true in the report of a criminal investigation against me. I repeat: do you remember absolute zero in mathematics? It is zero-zero.” But according to some media outlets, you were ordered to Rome by the judge investigating the aid scandal… “Listen, I am in Tanzania, working here, and I have not gone to Italy; I think I will go soon. The last time I was in Rome was in November last year; on that occasion I met prosecutor Canale, who heard me on behalf of the Albanian judges. I have not seen her since then and have had no contact with her. I don’t know where the press gets these reports. I will only say that I am tired: tired of…” (Continued on page 4)
[...legal violations by the prosecution]
The entire period that has elapsed since 30 July 1993, when the Chairman of the Socialist Party and member of the People’s Assembly Fatos Nano was arrested unjustly and illegally, up to the present, has not been merely a period of insulting attacks and slander against Him and the Socialist Party, but also a period of continuous legal and procedural violations, which have been repeatedly denounced and made public.
[Visible portion of the headline at the top:] legal violations by the prosecution when the Chairman of the Socialist Party and member of the People’s Assembly Fatos Nano was arrested unjustly and illegally, up to the present, has not been merely a period of insulting attacks and slander against Him and the Socialist Party, but also a period of continuous legal and procedural violations, which have been repeatedly denounced and made public. But what happened?
Instead of intervening to correct and stop them, the silence or indifference of the competent authorities created favorable conditions for them to deepen further.
Informing the detainee of the charge and the contents of the investigative file is a fundamental right and a necessity for the normal conduct of a judicial investigation. Fatos Nano’s two lawyers may also have been disappointed in court, but Fatos Nano will defend himself at trial, since he will be in the dock. Therefore, before anyone else, he must be allowed to examine the investigative file. I believe all jurists know Article 102 of the Code of Criminal Procedure, “When it is considered that the evidence is sufficient to send the case to trial, the investigator is obliged to notify the defendant of the conclusion of the investigation, give him the opportunity to examine all the case material and ask him whether he requests supplementary investigative actions, recording this in minutes. When the defendant requests actions that are relevant to the case, the investigator is obliged to carry them out.”
So everything is stated clearly and in Albanian. Indeed, I must recall that this right was first set down in the Criminal Procedure Code of that time, which has been called the time of dictatorship, and it is not respected in the time of democracy!
There was a time when trials were conducted as those in power ordered, regardless of the formal passed. If so, if that time has passed, why are the same practices being followed?
Why all this fear of letting Fatos Nano see the file? What is the basis for this audacity to openly violate the laws of the state by the very body that is independent precisely to enforce the law?
No, gentlemen, Fatos Nano is not afraid of trial. But it is his right to enter that courtroom without handcuffs and without anyone prejudging him, just as it is his legitimate right to go there after having been allowed, in accordance with the law, to examine everything that has been prepared against him in the investigative file.
Fatos Nano demands strict observance of all the legal procedures prescribed by the Code of Criminal Procedure and enforcement of the law. You are obliged to meet this demand, not because Fatos Nano feels like it, but because you are legally required to do so, regardless of who the detainee is. duties of your office, whether you want to or not.
Fatos Nano does not shirk justice. On the contrary, even while detained, he helps justice successfully fulfill its sacred mission by denouncing all procedural violations committed by the prosecution, in order to put an end once and for all to manipulation and fabrication of every kind.
Therefore, do not be afraid of Him. Give him the file as the law requires and respect his rights as a detainee, because in doing so you respect the law and yourselves; then bring the case to trial and prove the charge against him. But do so with facts, logic and arguments. Not with the scribblings of “RD” or the statements of [unclear: përdëstëve]. Fatos Nano is not afraid of trial.
LUAN M. RAMA
Albanian justice faces the test of its very existence
It stands up to politically contrived charges and the retaliatory actions of officials who ordered the journalists’ arrest
- The logic of the free press smashed to pieces the logic of the six-month courses that trained military jurists obedient to the Democratic Party. The courage, determination, clarity and professionalism of our imprisoned comrades, and the exemplary solidarity of colleagues at home and abroad, are a great assurance that the dictatorship will not find it easy to advance any further.
Before the trial began: The tense situation created by the many protests, with accusations and counter-accusations, interviews and facts published in various newspapers in proof of innocence, numerous appeals from local and foreign journalists’ associations signed by a bi…
-
Before the trial began:
The tense situation created by the many protests, with accusations and counter-accusations, interviews and facts published in various newspapers in proof of innocence, numerous appeals from local and foreign journalists’ associations signed by a bi… million… newspapers, scandalous predictions by senior figures in the Albanian judiciary, silence from those in power and especially from President Berisha, Prime Minister Meksi, and Parliament Speaker Arbnori, along with various comments—mostly backward-looking—that brought to the fore the authorities’ authoritarian and dictatorial tendencies, and the 25 days of imprisonment of Aleksandër Frangaj and Martin Leka in the foul cells of Unit 313 in Tirana, stirred the exceptional interest of dozens of media people, relatives, colleagues and lawyers of the arrested. Many journalists made their presence known at the Tirana court premises, nearly an hour before the trial began. At around 9:45, a police prison van brought the four detainees to the Tirana Court premises after 25…
(Continued on page 3)
Martin Leka’s defense statement
Honorable Mr. Chairman;
Today, for me and for you, this day is… [the small print at the bottom is partly unclear]
… For me, this day has another… [illegible section] … which was proclaimed within the framework of…
… These privileges that you have today were previously enjoyed by the Minister… [unclear section] … Chief Prosecutor Qeshi, investigators Zani and Xhilli had used them at the meeting…
I am accused of having disclosed state secrets and slandered… [continuation cut off and illegible in the image]
(Continued on page 3)
Aleksandër Frangaj’s defense statement
First, I will say that the charge is contrary to the law.
I am charged under Article 122 with disseminating state secrets. I said this before as well, when I was accused of disclosing state secrets, spent several days under house arrest, and was acquitted at first instance. You are not reading… [the text continues in the column, partly illegible]
I do not know that anyone ever gave me information, perhaps indirectly, but not directly. I do not know…
…as I understand it, it requires that its subjects be those who are paid to safeguard the secret. Under this same article, the dissemination of information constitutes a secret…
…any duty or relationship involving the secret, in the Ministry of Defense… [continuation cut off]
(Continued on page 3)
Meeting of the General Steering Committee of the PSSH
NATIONAL LIBRARY
TIRANA
Meeting of the General Steering Committee of the PSSH
ALL MEMBERS OF THE GENERAL STEERING COMMITTEE OF THE SOCIALIST PARTY ARE HEREBY INFORMED THAT THE MEETING OF THE GENERAL STEERING COMMITTEE OF THE SOCIALIST PARTY WILL BE HELD ON MONDAY, 28 FEBRUARY 1994, AT 10:00.
Notice
On Tuesday, 1 March 1994, at 17:00, a meeting will be held at the “Asllan Rusi” Sports Palace (“Partizani”) in Tirana to explain the tasks arising from the Second National Conference of the PSSH.
Members of the People’s Assembly, councillors of the Capital’s Municipality, and members and supporters of the Socialist Party will attend this meeting.
Steering Committee of the Socialist Party of the City of Tirana.