— Another chance for justice to show that it has retained at least some dignity, professional honesty and independence from political power — By Dr. Fehmi Abdiu, MP After the questions and complaints, after many debates and threats, official statements about the fate of the «Nano Case» seem to be nearing the first finish line. At this finish line, those defending him against baseless accusations appear tired, but those accusing him appear more worried, more tired and more disappointed. They make accusations while proving the opposite, arguing that everything connected with this case has been done with particular aims and has been done badly. But let us leave the conclusions until the end and, relying on the prosecutors’ closing argument, offer some initial thoughts on how they subtly prove the innocence of MP Nano. 1 — Legal analyses are made in contradiction to Albanian and foreign legislation. A few days ago, in an effort to help in some small and modest way, I expressed the view in an article published in this newspaper that, even as the prosecution has presented the matter, the money or goods donated by the Italian Government did not become Albanian state property. At first, it seems that the prosecutors held the same view, since they accept that «the object of the criminal offence is state property, consisting of the value of the aid allocated by the Italian Government» (RD, 27 March 1994). Only from then on should it be, and should it have been, considered state property lawfully acquired. How does this issue stand? The Italian Government, as donor, undertook to send Albania aid in goods worth 30 billion lire. It handed these funds over to «Levante Co» so that it could send the goods to Albania. Thus, neither the money nor the goods into which it was to be converted passed into the ownership of the Albanian state before they were received by the commission appointed for this task by the Albanian government, because: a. The latter, by its decision, appointed a special commission for this purpose, including representatives of all Albanian political forces. b. Under Albanian legislation, Article 304 of the Civil Code states: «By a contract of donation, one party transfers to the other party, without compensation, ownership of a specified item» (see Article 344 of the Civil Code). c. A contract for the donation of movable property must be concluded at the moment the item is delivered (Article 344 of this Code). d. Italian legislation provides for the same issue. e. No other arrangement accepted by the parties is provided for. Therefore, since that money or those goods had not passed into the ownership of the Albanian state, only from that moment should they be, and should they have been, considered state property lawfully acquired. «Levante Co», which sent fewer goods to Albania or charged higher prices, appropriated the money in Italy and not in Albania. In these circumstances, the Albanian prosecution authorities, which uncovered and established this before their Italian counterparts, should ask them to bring the guilty persons in that country to account. Therefore, to have the final word on this, we must wait for them to complete their investigations under their procedures. In this way, the prosecutor would fulfil the duty arising from Article 44 of the Criminal Code, according to which foreign citizens and stateless persons are liable under Albanian legislation both for crimes they commit in Albania and for crimes committed abroad when their consequences have also manifested themselves in the Republic of Albania. If they establish, in relation to these accusations, their cooperation with the Albanians, the matter becomes very simple. But why do the prosecutors not explain this more transparently to the public, and instead hurry to say that this or that Italian citizen has been taken as a defendant, when in fact that is not so, and when, legally, the fact that someone may be taken as a defendant does not mean that they are guilty of the offence of which they are accused? An innovation must be noted: the prosecution’s representative accepts, for the first time in the history of Albanian legal thought, that the crime of misappropriating state property can also be committed through specific omissions. This is a major claim, since school textbooks—and logic, which is taught nowhere else—say that misappropriation can be committed only through acts. 3. The reasoning and proof of complicity in committing the criminal offence are missing. The game of repeatedly changing the charges now resembles that of a courgette. They can be changed without difficulty. Nano was sent to trial «for the criminal offence of misappropriating state property on a large scale and for falsifying official documents», as provided for in Articles 62 and 110 of the Criminal Code. In the closing argument, however, he was accused of having «misappropriated state property through abuse of cooperation within the framework of the Black Sea agreement», where the emphasis was placed on transport, infrastructure, trade, education, culture, the removal of double taxation, etc. Daskallov. (Continued on page 4) the view that, even as the matter has been presented by the prosecution, the money or goods in question from the Italian Government have the prosecutors too held these views, since they acknowledged that “the object of the criminal act granted by the Italian Government” (RD, March 27, 1994). Further on, he himself admits that “It is a fact that, for these consignments of goods, the Italian Ministry of Foreign Affairs made a payment of 23 billion lire to the company ‘Levante Co’.” Very well, Mr. Prosecutor. The money, Italian state property, is given to this company to bring the goods requested to Albania. If the latter did not bring to our country the full quantity it was supposed to bring, the interests of the Italian state’s economy are harmed, not those of the Albanian state. Therefore, if the prosecutor, as representative of the Albanian state, is convinced that they were misappropriated and caused damage, he should address the Italian state with requests to bring the persons to justice. Thus, they too acknowledge that this property is state property belonging to the Italian Government. Contrary to our view, the prosecutors state in their closing argument that: “That the aid granted by the Italian Government is our state property is demonstrated by the fact that the donor state, by decree of the Ministry of Foreign Affairs, gave Albania 30 billion lire. This monetary value passed into the ownership of the Albanian state by way of a donation, as a form of acquiring ownership recognized by Albanian legislation.” The judicial farce against the number-one leader of the Albanian opposition, despite the fine filters placed by the ruling party on the official mass media, is at the center of attention in Dibër e Madhe. Through various channels and forms, and particularly through the suppression of fair and direct information, people have formed their own opinions about the trial. From the microphones of the reporter who mingled among ordinary people, we have selected some of the interviewees’ views and convictions. Subhi Mandi, a former soldier from Shumbat in the municipality of Sllovë, 30 years old: “The trial against Fatos Nano is a political trial. It was preceded by a major campaign by the authorities against Fatos Nano and the Socialist Party; the people have seen this and continue to see it. If Fatos Nano had done something wrong, as they say, the people would have come forward and condemned him. The fact is, they have not. To the people, Fatos Nano has never stolen or abused his position. The people now understand how much Fatos Nano wants people not to go hungry, through the work he has done over the years. Justice and the truth about Fatos Nano will soon come out. This is what the masses of the people believe.” Bashkim Murra, from Peshkopi, with secondary education, painter and worker. …

From the elections in neighboring Italy ROME, The Italian right, led by private television magnate Silvio Berlusconi, was triumphant in the Italian parliamentary elections this morning. The right-wing coalition consisted of Forza Italia, the Northern League, Umberto Bossi’s Federalist Movement, and the Italian Social Movement led by Xhianfranko Fini. The latter expressed satisfaction with the «historic result», while Umberto Bosi appeared somewhat disappointed by the result achieved by his movement in northern Italy. However, as far as the problems facing the next government are concerned, uncertainty remains very great. Even if the right-wing coalition wins an absolute majority, the issue of alliances among the three forces making it up does not appear to be settled. Umberto Bosi has often repeated that he will «never» govern with the «fascists» of the MSI, while Xhianfranko Fini, who staunchly defended Italian unity, announced on Monday evening that the question of a possible government with the Federalist Movement of the Northern League should be carefully reconsidered.

Reported by ANSA at 10:30. List Italian People’s Party 11.2 percent Pact of the Sign 4.5 percent PDS 20.3 percent Communist Refoundation 5.9 percent PSI 2.1 percent National Alliance 13.1 percent Social Democracy 0.4 percent Panela List 3.5 percent Federation of the Greens 0.1 percent Lega Nord 9 percent Forza Alpina 1.9 percent Other Leagues 0.5 percent SVP 0.7 percent Autonomist lists 0.1 percent (Continued on page 4)

Bulgarian Foreign Minister Stanislav Daskallov made a three-day visit to Tirana, during which he met and held talks with Sarren, Abornori and Prime Minister Meksi. In the talks, as was also emphasized at the joint press conference, there are no outstanding problems between Tirana and Sofia, and relations between the two countries are very good. The talks covered issues of mutual interest and the situation in the Balkan region. At the bilateral level, the two ministers expressed agreement on institutionalizing the development of the good relations that already exist, increasing economic and trade cooperation, and creating investment opportunities. They also expressed support for the initiative for cooperation within the framework of the Black Sea agreement, emphasizing transport, infrastructure, trade, education and culture, as well as the abolition of double taxation, etc. Daskallov asked the Albanian side for Albania to become a free-trade zone for Bulgaria. They discussed a gas pipeline that would pass through Bulgaria and Macedonia, and the possibility of extending it to Albania as well. Regarding the crisis in the Balkan region, especially the war in Bosnia, both sides reiterated their already familiar positions. At the press conference yesterday morning, the Bulgarian minister reiterated that Bulgaria has been and remains opposed to direct or indirect intervention in the conflict in the region. However, answering a question about the deployment of Turkish troops in Bosnia, he repeated the above formula opposing direct or indirect intervention and, at the same time, supported the deployment of peacekeeping forces in Bosnia. Indirectly expressing opposition to the Turkish presence, he said that the contribution of Balkan forces would be lim—

Says the well-known human rights activist Kristinë fon Kohl in an interview with the BBC. On last night’s Albanian-language BBC programme, Mrs Kristinë fon Kohl, the well-known human rights activist, said in an interview with this section about respect for human rights in Albania, among other things: «It is a danger that justice is far from independence from the official authorities.» The Albanian president Sali Berisha refused to give an interview. We will publish the full interview in tomorrow’s issue. (Continued on page 4)

— An excerpt from the journalist’s microphone — … this year, with the wife taking up work, she was deprived of the social assistance she had been receiving. «The trial against Fatos Nano is a political trial. I am completely convinced that Fatos Nano is innocent. But the government in power will convict him. Nevertheless, we, the public, are convinced that he is innocent. The fact that he is innocent is also represented by radio and television, which have turned into tools of the government. The account of Fatos Nano and of Sali Berisha and Meksi and others, Mr Sali Berisha, is not informing the people about the developments in the trial directly. Bruzhdi Balli, carpenter in Gramshdan, in the Dovolian area on Magellara hill: A trial against Fatos Nano is taking place in Tirana. For the people, it is a trial as if against everyone, not just against Fatos Nano. Fatos Nano’s standing has grown. This is also shown by the requests from ordinary people to join the ranks of the Socialist Party. Despite the government’s words, a new PS organization has also been formed, with 6 members aged 18–25. These days, the FRESSH organization was established in Dovolan with 15 new members. There are many other applications to join the PS. There are many facts showing that the people stand with the party and believe Fatos Nano is innocent, and that the Socialist Party’s standing has grown. I also want to add something about RTV. The people want Fatos Nano and the witnesses themselves to speak, live on radio and television, without any cuts. The President said the trial would be open. He did not keep his word. For the people, the trial is hermetically sealed off. The people say that the party in power is doing whatever it wants. Shyqyri Kamberi, electrician in Peshkopi, accused by the police (and detained) at the moment when he shook the hand of MP Fatos Nano and Namik Dokle at a coal demonstration on Tuesday 1993 in Peshkopi—what offence has he committed, that they intend to punish him? «The trial against Fatos Nano is prejudged. That was clear early on. Selami’s appearance in the streets and their familiar slogans heralded a political trial with a verdict prepared in advance. The conduct of the trial and the testimony of the witnesses (although Fatos Nano has not spoken) proved the innocence of the chairman of the Socialist Party and its deputy in the People’s Assembly. The party in power, apparently intent on eliminating people who have unmasked them and eliminating political opponents, has decided to put them all on trial. The people see this clearly.» F. N., technician in Peshkopi, PS member, employed. Asked whether he wanted to be named, he replied: «I’m not afraid. They can only harm me by cutting off my hands. If I have my hands and feet, I can earn my bread even among the rocks. But because of the class struggle the PDS authorities are waging, I don’t want to give my name. «Fatos Nano will win the trial. From the way it has unfolded, it has been proven that there is not even the slightest legal basis against him. The violations of the law committed against him are now so numerous…» property must be concluded upon delivery of the item (Article 344 of that Code). d. Italian legislation provides for this issue in the same way. e. And because no other solution agreed upon by the parties is provided for. Therefore, as long as that money or those goods have not passed into the ownership of the Albanian state, even if they have not been delivered in the manner prescribed by law, it is Italian state interests—not Albanian ones—that have been harmed. Given this, we are entitled to ask: what is the other point in time at which ownership is transferred, referred to in the closing argument? Which provision does it rely on, and what does that provision say? The prosecution should cite this, rather than make general statements about the content of the law that contradict what we have mentioned, such as: “The manner in which this state property was handled does not affect the state’s ownership of it.” How should this phrase be understood, or this other one: “The variety of ways in which ownership is acquired does not affect the status of the value granted by the Italian Government as state property” (RD, 27/3/94). 2. The representative of the prosecution acknowledges that Italian citizens misappropriated the funds, but, out of spite toward them and their Italian boss, seeks to have the former Albanian prime minister—the “enemy” of the ruling party—convicted. Among other things, the closing argument says that “the concrete acts and omissions of the …” A new PS organization with 6 members aged 18–25. These days, an FRESSH organization with 15 young members was established in Dovolan. There are also many other applications to join the ranks of the PS. There are several facts that show the party and the people opposing the claim that Fatos Nano is innocent, and that the authority of the Socialist Party The people want Fatos Nano and the witnesses to speak for themselves, directly word. For the people, the trial is hermetically sealed. The people say that the ruling party is doing whatever it wants. Shyqyri Kamberi, an the moment when he allegedly touched the arm of deputy Fatos Nano and Namik Dokle with a piece of coal on Tuesday in 1993 in Peshkopi—what crime did he commit, and with what intent? … “The trial against Fatos Nano is prejudged. This their familiar slogans heralded a political trial with a predetermined outcome. The course of the trial and the witnesses’ testimony the chairman of the Socialist Party and its member of parliament in the People’s Assembly. The ruling party, apparently having decided to eliminate those who unmasked them and get rid of political opponents, is prepared clearly.” F. N., a technician in Peshkopi, a PS member and employed. Asked whether he wanted his name published, and feet, I can earn my bread even among rocks. But because of the class struggle the authorities of the DP are waging, I don’t want my name published.” “Fatos Nano wins the trial. Its very course has shown him. The violations of the law committed against him have now become so …” Interviewed by: ABDURRAHIM ASHIKU

Trade union opinion in Albpetrol’s enterprises is indignant at the appointment of Mr. Pirro Xhamo, chairman of the Patos branch of the DP, as head of the Personnel Directorate at Albpetrol. This opinion is not concerned with how much salary Pirro Xhamo receives or whether he pays tax on the income he earns, but with the role he plays in all the structures of Albpetrol, a state enterprise where corruption is a national scourge. Trade unionists believe that appointing the chairman of the DP to head Albpetrol’s Personnel Directorate serves the politicization of the enterprise rather than the establishment of justice in a state enterprise, as well as the protection of the corrupt in the enterprise. Therefore, they demand that the chairman of the DP in Patos, Pirro Xhamo, be removed from his post. Shouldn’t party rule come to an end, and the demands of the Autonomous Oil Workers’ Union be fulfilled? It calls for major changes in every unit, so that trade unionists are not subjected to this horned monism imposed on the oil industry. A group of oil workers

A lament song – adapted To get a passport in the usual way, Five to eight thousand drachmas; To secure a visa, 100–120 thousand drachmas. They could give me millions, I will not give up this emigration of ours, organized by DP – Government. The Southern Polyphonic Group