“DEMOCRATIC SPRING” COOLS IN THE GOLDEN SHADOW OF POLITICAL TRIALS - One day before March 22, two journalists are sentenced to prison only for the “crime” of free thought. Even that day Fatos Nano, in the defendants’ bench, spoke more and better about Albanian democracy than President Berisha in his greeting The claim is not accurate. Even if there had been a “confusion” of gold with bronze, later this figure was corrected. The government, as Mr. Sali Berisha expressed here two days earlier (20 August), says it has taken measures to realize a profit of 20 million dollars from the exploitation of gold. But could this be possible? Did the government consider that with that quantity of gold available something more productive could be done, for example to work it in the mine and not sell it? Does it not happen as it happened with many other enterprises, where quick profit was placed above long-term interests? Another argument raised with the usual propagandistic zeal is that the current decision corrects the “mistake” of the Nano government, which, according to the same interpretation, allegedly left the country only debts. But what does the truth show? Is it not a fact that on 1 February 1992, the government of that time inherited not only an economy in crisis, but also a heavy burden of transition? Let us not forget that a good part of today’s problems cannot be understood outside the conditions of that time. In this climate, the sentencing of two journalists one day before March 22 is not simply a judicial episode. It is a clear sign that the “democratic spring” is cooling in the “golden shadow” of political trials. Even that day Fatos Nano, on the defendants’ bench, spoke more and better about Albanian democracy than President Berisha in his greeting. (Continued on page 4)

Where there is doubt and things are unclear, the prosecution often tries to give the case a heavier weight than what emerges from the evidence. In this regard, the question arises whether the Court of Appeal may change, to the detriment of the defendant, the legal qualification of the offense or the measure of punishment. In judicial practice this issue has raised debates. Some jurists think that the Court of Appeal, while reviewing the appeal, should not go beyond the requests submitted and should not worsen the position of the defendant when he himself or his defense counsel has appealed. Others think that, when the case is clear from the records, the court has the right to decide otherwise. In our legislation the principle of protecting the rights of the defendant should prevail. Therefore, if the appeal has been made by him or in his favor, there cannot be a worsening of the procedural position. This is a necessary standard for due process. (Continued on page 4)

The information generated by the scandal of mistaken governments, which by using a wholly arbitrary scenario has caused public opinion to be unclear and worried. Some voices also connect this with the way sensitive political and criminal issues are being treated in court. The first issue is that until the court decides, no one can be declared guilty in the legal meaning of the word. This requires institutions and public opinion to show restraint, not to exert pressure, and to await the conclusion of the proceedings. Likewise, political debates should not be confused with the criminal assessment of acts. If there are violations, they are proven in court; if they are not proven, no one can be convicted on the basis of assumptions. (Continued on page 5)

It is not the first time that in the political life of our country there are cases in which a certain political entity, although it is active in practice, faces obstacles in the official registration or approval procedures. This happens especially when the political climate is polarized and the administration does not maintain the necessary impartiality. In a democratic state, the right to organize politically and to act in accordance with the law must be guaranteed for everyone. Any unjustified delay in this regard creates unnecessary suspicions and tensions. (Continued on page 4)

They also end the firing squad, Alija, Spiro Koleka, Manush Myftiu and the like for a period that today we shorten to “the socialist era”. As if this were not enough, the competent authorities often try to present history with deliberate distortions, throwing mud at figures and events that are part of the country’s collective memory. Ali Spahiu, on the 50th anniversary of liberation, discredits the “figures of accusation” precisely against the National Liberation movement. The proclamation of “historical trials” against certain figures from the past serves neither truth nor reconciliation. An attempt is being made to revive the spirit of political trials with labels and hate speech, when the country needs justice, calm, and a balanced view of history. (Continued on page 4)

At the close of the meeting, regarding the season, Mr. Riza Xhafa, chairman of the association “Friendship,” said he was pleased with the high level of understanding and cooperation being observed between the two neighboring peoples. According to him, this climate should be preserved and strengthened, especially under conditions when thousands of Albanians live and work in Greece. He stressed that these citizens can and should be a bridge between the two countries, becoming “ambassadors of Albanian-Greek friendship.” It was also underlined that respect for the rights of emigrants and avoidance of incidents that damage bilateral relations are important. Those present also appreciated the role of cultural and civic associations in bringing peoples closer. (Continued on page 4)

The only clarification on television: The only clarifying television report: Alexandra Qollaku testifies in the courtroom Aleksandra Qollaku, who was summoned again to comment on the circumstances of the murder of commissioner Edmond Papa, stated that she had only been a witness to some suspicious movements and had no knowledge of the perpetrators. Along with this testimony, inconsistencies were also noticed in the previous records, which led the defense to request further verification. There were moments of tension in the courtroom, but the presiding judge asked for calm and respect for order. Further witnesses are expected to be heard, while public opinion follows the development of this trial with interest. (Continued on page 5)