22/03/1994
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Zëri i Popullit

22 March 1994

THE STATE AT WAR WITH THE FREE PRESS

YESTERDAY AT THE TIRANA COURT THE STATE AT WAR WITH THE FREE PRESS Tirana Court of Appeal sentences Aleksandër Frangaj to five months in prison and Martin Leka to 18 months in prison - The Albanian state is martyrizing its own citizens. Martin Leka is one of them - Will Aleksandër Frangaj, currently outside Albania, seek political asylum? - From the crowbar and iron knuckles to the panel of judges and the articles of the «press law» That is how one might describe the end of yesterday morning’s hunger strike and the period of time that had preceded it. Just a few metres from the place where, ten days earlier, the editor-in-chief of «Aleanca», MP Teodor Keko, had been struck in the face with iron knuckles by unidentified persons, at around 9:15 a.m. the deputy editor-in-chief of the weekly «Koha Jonë», the martyr «Leka», appeared before the panel of judges, which was to consider his appeal and that of countless international journalists’ bodies and prestigious organisations defending human freedoms and rights, concerning his sentence. At the same time, however, it was also to consider the protest of another prestigious international institution (made prestigious by the protests addressed to it by the aforementioned organisations): the Tirana Prosecutor’s Office, led by prosecutor Arben Qeleshi. All of this concerned the Albanian Ministry of Defence’s lawsuit against the newspaper Koha Jonë and Mr Leka himself for disclosing state secrets. … and, as was clarified later, regarding the deputy editors who had appeared. This feeling was further reinforced by the Tirana prosecutor’s protest to the Court of Appeal, seeking a much harsher sentence than the one imposed by the Tirana trial court. At the beginning of the proceedings, two things stood out. First, Mr Pëll Martini announced that all recording and other forms of recording in the courtroom were prohibited; and second, the defence against the charges facing Martin Leka and the name of Aleksandër Frangaj (Frangaj was not in the courtroom because he is abroad on a work assignment) was represented by the well-known character from the film «Të humburit», the censored and politically imprisoned Ded Kasneci, for «caresses» carried out during the dictatorship: Mr Teodor Mosko. The rereading of the trial court’s decision was followed by the reading of prosecutor Qeleshi’s protest, according to which Aleksandër Frangaj’s actions constitute a criminal offence. This is not covered by Article 21 of the press law. Lawyer Tirana stated that, in order to deal with this case, the court must assume the role defined by ... ... deputy prosecutor, despite the paradoxes surrounding it, and the court may sentence me to 101 years in prison; I will accept it for my own satisfaction, because it would mean being sent to prison now for Mr Qeleshi’s pleasure. I am not troubled by imprisonment; rather, by prison without handcuffs. What troubles me is the iron knuckles on Teodor Keko’s head; the crowbar against Gjergj Zefi’s leg; these are the events that kept me from sleeping peacefully for fifty days in prison. But when will we disarm the mafiosi? That is the message of my article. Since I am innocent, I feel innocent for the sole reason that I am innocent, Leka concluded. Teodor Mosko then asked Martin Leka several questions, to which he also received answers. At that point it seemed as if the scene from the Tirana court was being repeated. Mark Pëllumbi, Aleksandër Frangaj’s lawyer, once again became entangled in his argument that the Tirana court’s decision was absurd and that reclassification under Article 20 of the press law was equally absurd. He asked that the prosecutor’s request not be accepted and that it be declared ... the reading of prosecutor Qeleshi’s protest, according to which the actions of Aleksandër Françi constituted a criminal offense provided for under in order to judge this case, the court must assume the role assigned to it by law: that of the spokesperson for justice. He reiterated the fact that Martin Leka was arrested for defamation and insult at a time when no complaint had been filed by the injured party; a fact that makes prosecutor Qeleshi’s position before the law more difficult. Then, once again, lawyer Tirana rejected the prosecution’s charge and the Tirana court’s decision, citing the relevant articles and provisions. P1 brought this contentious montage to an end in order, however unlawfully, to redirect the whole arrow somewhat toward Albanian justice, so that the world might understand that in Albanian journalism... Dine Leli: R. Licajt’s lawyer again stressed that the original document, which is not in the case file, did not contain the word “secret” in writing. In his statement, Martin Leka said that the charge does not stand, because I have committed no criminal offense. My only sacrilege: I continue to ... ... regarding R. Licajt, the court stated that, in order to judge this case, it articles and provisions. ...

PARIS: THE «NANO CASE» AGAIN BEFORE THE INTER-PARLIAMENTARY UNION

An unconstitutional action by the police against Fatos Nano’s lawyer, Mr Përparim Sanxhaku As the public has been informed, the meeting of the Council of the Inter-Parliamentary Union will be held in Paris on 20–24 March. The examination of the «Nano Case» is also on the agenda of this meeting. In this connection, the Inter-Parliamentary Union invited Socialist Party MPs Luan Hajdaraga and Leontiev Çuçi, as well as lawyer Përparim Sanxhaku, to participate. On 19 March, after completing all the formalities in accordance with the rules and obtaining entry-exit visas for France, MPs Luan Hajdaraga and Leontiev Çuçi and lawyer Përparim Sanxhaku arrived at Rinas Airport at 12:20, intending to depart at 13:25 on the «Alitalia» scheduled flight. They completed all the required procedures at the ticket counter, border control and customs, and waited in the airport transit lounge together with ten other passengers. As they were leaving the transit lounge, when most of the passengers had already headed toward the aircraft, a civilian police officer, having shown his identification, addressed lawyer Sanxhaku: «You will wait five minutes, while you, Mr Hajdaraga and Çuçi, may go through ...» ... ... that this was not a matter of providing some five-minute clarification, but a direct order that Fatos Nano’s lawyer was not to attend the Inter-Parliamentary Union meeting. In response to the MPs’ further requests to learn the reasons for this detention, the airport police replied: «We have orders from the Ministry of Public Order». Regarding this serious incident, the chairman of the PS parliamentary group requested explanations from the President of the Republic, Mr Sali Berisha, and the Minister of Public Order, Mr Agron Musaraj, stressing that there was no legal reason to prevent lawyer Përparim Sanxhaku from travelling, either as an ordinary citizen or as Fatos Nano’s lawyer. Following indirect threats, this was an overt action against lawyer Sanxhaku. An hour later, state officials explained that Mr Sanxhaku’s detention had been «an erroneous action by the airport police». However, sources wishing to remain unidentified report that the order was issued outside the airport and, moreover, in writing. Ordinary logic suggests that an airport police officer would have no reason to take such unlawful and unconstitutional initiatives. He has absolutely nothing to do with the meeting of the Inter-Parliamentary Union or with the European Parliament, since their messages are addressed to our government officials, not to airport police officers. Yesterday, two days late, lawyer Sanxhaku left for Paris. «Zëri i popullit» correspondent

When will Albania have a new constitution?

- The Constitution, the fundamental law of the state, or the wish of the DP? - RD on 19 March published an interview that Eduard Selami had reportedly given to Mr Biberaj of «Voice of America» on 17 March. Asked by Biberaj when the adoption of the new Constitution could be expected, Mr Eduard replies: «...There are constitutional laws and Albania is practically not marked ...» this is ... Mr Eduard, prompted by one answer, we are entitled to ask: does Albania have a Constitution or not? Because you have become extremely difficult to understand. How are we to understand your statement that «Albania is practically not without a Constitution»? Do you mean that Albania has the main constitutional provisions? Mr Biberaj, too, I believe, knows this fact; that is why he asks you when Albania will have a new Constitution. Then, in your second answer, you say: «Our wish is for there to be a Constitution...» His concern arises when he realizes that the other political forces in parliament no longer fulfil the DP’s wish. This becomes clear when he says: «...because it is known that for it to pass as a Constitution, it will need two thirds, and at present nobody has two thirds in parliament». Apparently, this is the heart of the matter: why the DP does not wish (rather than wishes) to bring the draft Constitution to parliament as soon as possible. It is known that the DP no longer has the qualified majority to pass either the Constitution or constitutional laws. To put it more clearly, the DP can no longer secure 2/3 of the votes, not because two groups of MPs have split from its parliamentary group—the Democratic Alliance Party and other members of the Democratic Party—but because MPs from other parliamentary groups have also begun speaking about the coalition crisis: «A crisis consisting of a marked lack of political cooperation among the parties in the DP-PSPD-R coalition and the contradiction (paradox) between the extremely low degree of constructiveness of today’s coalition and the ever-growing propaganda the DP makes for this coalition at home and abroad.» Interview with D. Apostoli, PSD MP, «K. T.», dated 12.3.1994. As Mr Eduard says, the DP does not have two thirds today, but what do you expect to happen tomorrow? What will be ...

REPORT FROM THE COURTROOM

... and an inte[?]... prestigious (made so by the protests of the aforementioned organisations addressed to it) the Tirana Prosecutor’s Office, led by prosecutor Arben Qeleshi. It all Koha Jonë for disclosing state secrets. Meanwhile, Martin Leka sat in the dock, transformed into a martyr during these 60 days in Tirana prison. Beside him in the courtroom were also those who are prisoners outside prison: those who have the law, instead of handcuffs, tightening around them; those who, instead of the security of prison, are guaranteed the insecurity of the doses of this ... And in this ... Martin Martini is freer than all the (free) journalists of the first democracy of ’94. REPORT FROM THE COURTROOM At around 9:25, the panel of judges, chaired by Prele Martini, president of the Tirana Court of Appeal, with two deputy judges of that court, took their seats between the accused and convicted party and the representatives of the Tirana Prosecutor’s Office. The arrangement made by the [?] of Tirana, an urgent measure by this ... to reduce its severity ...

PROSECUTOR-EXPERTS FACE A DIFFICULT TEST

Today, for the first time in the courtroom: After the hearing at which the prosecutors read the expert report in rebuttal to the Criminal Procedure Code, thereby demonstrating their abilities with the experts, today there is no court session; they will face a selection in which a woman and a woman are to read out more than 60 questions. Put simply, they will read them, since that is all they can do, because, as is very difficult to do, they are the ones qualified and accepted by the many experts. So today the accused at the [?] will not be dealing with Qeleshi and Gjoku, but with the ladies from Telegrali and with the written compilation by Palmer, with competence and official status, who is more competent and professional and will ... in the lesson of trade from Gjo[?]... All these experts ... With the junior prosecutor Gjokutaj reading on their behalf, and given the intellectual abilities the two women possess, figuratively speaking, we could say that today the prosecution has changed from the male sex to the female, in the hope that whoever can will reach their minds according to political parties and women’s minds. Meanwhile, let us hope that Mr Bendo will not today make up for the prosecutors’ silence, a silence which, intentionally or not, has compromised his role as an impartial person in this court proceeding, where legally the prosecution on one side and the accused on the other are supposed to stand on an equal footing. D.D. ... Let us not dwell on the ladies; they were not selected by the prosecution in a ... way, but everyone ...

Workers protest, farmers on hunger strike

SHKODER During the past week, the workers at the production and cemetery site belonging to the municipal enterprise did not work; they only came to the workplace and gathered there. They stopped work as a protest, having demanded an overall wage increase and the payment of two additional salaries, as well as implementation of the decision granting them a daily allowance of 95 lek. These demands have not been met. They say that it is entirely possible to meet them, since the enterprise makes large profits from their labour. Attempts to resolve these problems with the enterprise have produced no results; indeed, it is said that labour relations with the latter have recently become strained. On Saturday at noon, around 80 workers gathered outside the building of the local public-order commander to demand the release of the man leading the strike, who had been detained by the police the previous night on the pretext that the strike was illegal. The workers say that they were met with pressure from several police officers; one even reportedly said: «You are striking to protect Fatos Nano’s corruption, so you will be punished if you do not go back to your homes, and if you do not resume work, you will be dismissed and other workers will be hired in your place.» Yesterday morning the workers went to see the mayor. But before they could reach the mayor’s office, they encountered a group of police officers who turned them back. The workers then returned to their workplace. They say that they will make no further concessions in meeting their demands. They have also warned that if the police do not release the union chairman and the driver, who have been detained for three days, they will go on hunger strike. We learn from various sources that the strikers have not been supported by the district’s independent trade union (meaning its leaders), although the workers are members of that union. Also yesterday in this district, dozens of farmers began a hunger strike, specifically in the villages of Ashtë in the Bushat commune, in Bushat, and in Ças in Velipojë. They are organised in the trade union federation of private farmers. More specifically, in the village of Ashtë the hunger strike began on Sunday afternoon and involves 10 people. They are demanding the return of the land that was allotted and an accounting from October of last year. We note that they were also given title deeds at that time, but, despite this, the land was not handed over to them as required by law. In addition to this, their main demand, they are asking to be compensated for the period during which they were not allowed to use the land. (Continued from page 2)

Piro Dodhiba participates in the FMAC meeting in Lisbon

Appointed by the organisers of the 6th Congress of the World Federation of Former Combatants, comrade Piro Dodhiba, Chairman of the National Committee of Veterans of the Albanian People’s National Liberation War, took part in the proceedings of this great assembly, which held its meetings in Lisbon, Portugal. attended by representatives of many veterans’ organisations from Europe, America, Asia and Africa, and at which the President of the Portuguese Republic, Mr Soares, also delivered a greeting, paid high tribute to the veterans, disabled people and former combatants and, on this occasion, discussed and adopted more than 40 recommendations addressed to various governments. ANDON KOSTI