On the eve of the appeal trial in the “Nano Case” Interview with the deputy chairman of the Socialist Party, Dr. Servet Pëllumbi, given to our editor On the eve of the appeal trial in the “Nano Case” A chance to correct the fatal mistake Interview with the deputy chairman of the Socialist Party, Dr. Servet Pëllumbi, given to our editor – What does the appeal trial in the “Nano Case” represent, and what does the Socialist Party expect from this trial? The Court of Appeal, or, in other words, the second instance of the trial in the “Nano Case,” faces two alternatives. The first is to uphold the now familiar ruling of the Tirana Court, which sentenced Fatos Nano to 12 years’ imprisonment without relying on the law or the evidence, but solely on the orders issued by the “political power” of the PD. The second is to assess the facts and evidence objectively, put an end to manipulation and procedural violations, hear the defense—not merely as a formality—and act independently as an important component of the third branch of government. I am convinced that such an alternative, legally possible but difficult to understand and implement in practice, would release the chairman of the Socialist Party, Fatos Nano, from the courtroom. This would be a civilizing and emancipatory act for Albanian democracy. In short, this would be true justice. The leadership directing the country’s life today has, at this stage of the proceedings too, a chance to correct the fatal mistake it made when it set in motion the antidemocratic scenario centered on the “Nano Case”—namely, dividing Albanians into “us and our enemies,” persecuting political opponents, splitting the Socialist Party, and moving toward an authoritarian regime that was thought to ensure long-lasting rule for the PD, without an opposition. But, despite our strong desire to see the chairman of the Socialist Party free and among us, we have no illusions. The political mechanism remains a “mechanism.” Democratic reasoning and the influence of public opinion have difficulty reaching it. It does not “ask” about the 700,000 signatures of Albanians, the Constitutional Law on human rights and freedoms, the resolutions of the European Parliament or the Council of Europe, or how many years the Court of Appeal may impose. That would be a national calamity. We say this not simply and only because Fatos Nano, our comrade and the chairman of our Party, would be sentenced, but because such an act would legitimize political trials and sentences, and the persecution of those who think differently. A neo-totalitarianism would knock on Albania’s door with greater audacity. 2. What will the Socialist Party’s position be after the Court of Appeal’s decision? The numerous members of the Socialist Party. We will insist on comprehensive activity, inside and outside the country, to show the truth about what is happening in Albania, and we will continue to demand Fatos Nano’s release. To this end, we will use all democratic legal means and, through a broad, nationwide movement, place ourselves in defense of human rights and freedoms. We will continue to call for a new balance of forces and a new formula for democratic governance, to emerge through new, early parliamentary elections. In this way, the contested “Nano Case” would also be resolved as an issue concerning the present and future of democracy in Albania. where I and the chairman of our Party, because this act would amount to the legitimization of political trials and sentences, of the persecution of those who think differently: A non-totalitarianism would shake Albania, with greater courage. 2. What will the Socialist Party’s future positions be following the Court of Appeal’s decision? We believe that Fatos Nano’s conviction will be used by us as an appeal to everyone, and especially to the members of the S-

The trial began against former President of the Republic Ramiz Alia and Adil Çarçani, Manush Myftiu, Hekuran Isai, Rita Marko, Simon Stefani, Aranit Çela, Rrapi Mino, Zylfitar Ramizi and Veiz Haderi Nearly 10 million lekë and violation of citizens’ equality weigh against them The former head of state insists that the entire trial be broadcast by state Radio and Television. – Once again, coffee and spoons are part of the indictment! Yesterday, at 9:00, under the direction of Mr. Andi Çeliku, deputy chairman of the Tirana Court, assisted by a trainee assistant judge whose incompetence and confusion are not hard to notice, Alia and other senior officials of the Albanian state: Adil Çarçani, former member of the Political Bureau and Prime Minister; Manush Myftiu, former member of the Political Bureau and Deputy Prime Minister; Hekuran Isai, former member of the Political Bureau, Secretary of the Central Committee and Minister of Internal Affairs; Rita Marko, former member of the Political Bureau and deputy chairman of the Presidium of the People’s Assembly; Simon Stefani, Committee, Minister of Internal Affairs and chairman of the State Audit; Aranit Çela, former chairman of the Supreme Court; Rrapi Mino, former Prosecutor General of the Republic; Zylfitar Ramiz, former deputy minister of Internal Affairs and director of Albanian counterintelligence; and Veiz Haderi, former head of the PB branch in Sarandë. They also have their defense lawyers. The prosecutor in the trial is Mr. Neshat Fana, who, unlike at the Shk... trial, this time did not appear in court accompanied by the prosecutor’s defense lawyer. Meanwhile, the packed courtroom ... (Continued on page 7)

Mr. Chairman, Honorable judges, Pursuant to the first paragraph of Article 128 of the Code of Criminal Procedure, you have committed the case against my client, Ramiz Alia, for trial. You took this action having determined that the investigation was complete and that there were no legal obstacles to bringing the case to trial. Guided by point 12 of the United Nations Basic Principles concerning the role of lawyers “as essential agents in the administration of justice,” who must at all times preserve the honor and dignity of their profession, I remind you of the provisions concerning Ramiz Alia. During this period, he held the office of President of the Republic. The information presented in the report of the alleged offense concerns theft and misappropriation of property; these criminal acts are classified by our Criminal Code as ordinary crimes. Criminal prosecution for theft of state property, allegedly committed during the period when R. Alia was Head of State, cannot be initiated because it is unlawful. Under Article 31 of Law No. 7491 dated 29.04.1991: “The President of the Republic shall not be held liable for acts performed in the exercise of his duties, except in cases of treason against the homeland or violation of this law (the Constitution). When the need for such liability arises, the matter must be submitted to the People’s Assembly in accordance with the rules set out in the second paragraph of this article. The relevant decision shall be taken by secret ballot with a majority of 2/3 of the deputies.” In view of the above, given the serious violations committed against R. Alia at a time when he was President of the Republic, acting in his capacity as Head of State. (Continued on page 3) are complete and there are no legal impediments to its (the case’s) proceeding Basic Principles, concerning the role of lawyers “as foremost agents of the administration of justice and the provision of justice,” who must at all times preserve the honour and dignity of their profession, I remind your honourable court of the existence of “three legal impediments” that must be resolved by a ruling before the start of the trial. This request is based on the third paragraph of Article 141 of the Code of Criminal Procedure. The first: Before 01.08.1991, the Ministry of Finance and the Chairman of the State Audit Office filed a criminal complaint with the Prosecutor’s Office (Investigation) seeking criminal prosecution, among others, of-

FATOS NANO NOT FULLY INFORMED OF THE CHARGE Although the prosecutor was legally obliged to inform Fatos Nano and his lawyers of the charge, as required by Article 76 of the Code of Criminal Procedure, and to acquaint them with the procedural documents, or to appoint accounting experts and guarantee them the rights granted by law, he did none of this, either on the basis of the request made at the beginning or subsequently on the basis of a written mandate. FATOS DERVISHI, HEAD OF THE INVESTIGATION TEAM – Doubts about his impartiality; his disqualification is sought. The Tirana prosecutor, Arben Qeleshi, refuses to disqualify the head of the investigation team, Fatos Dervishi. His decision is illegal, since Article 71 of the Code of Criminal Procedure ... Article 118 of the Code of Criminal Procedure allows for the disqualification of a judge, prosecutor or expert when circumstances give rise to doubts about their impartiality ... In the decision refusing the request, the prosecutor is biased, a measure that makes him partial in every respect. AFTER TWO MONTHS OF BEING QUESTIONED AS A DEFENDANT, FATOS NANO IS INFORMED OF THE CHARGE ON 20.9.1993 Sanxhaku says: On the basis of our repeated requests, it became possible for him to learn of the elements of the charge, which were described and ... on 19.9.93, that is, two months after Fatos Nano was questioned as an arrested defendant, starting in February by the head of the investigation team The claim that he was informed of the charge from the very beginning is untrue; it is a deception to say that he was informed on 30.9.93. This is written in the minutes, in black and white. ON 9.10.93 THE TIRANA PROSECUTOR’S OFFICE CONCLUDES THE INVESTIGATION UNILATERALLY On 9.10.93, unilaterally, the Prosecutor’s Office decides to conclude the investigation without informing Fatos Nano of the case materials and without giving him an opportunity to present his claims concerning the performance of supplementary investigative actions. ACCOUNTING EXPERTS ARE APPOINTED SOLELY BY THE PROSECUTION—ACCOUNTING EXPERTS KNOWN TO BE PD SUPPORTERS On 12.1.1994, it was announced that an accounting examination would be conducted, and Fatbardha Telegrafi and Virgjëresha Shkreli were appointed as experts. The expert proposed by Fatos Nano and his lawyers was not accepted. The law states: the defendant has the right to seek the disqualification of an expert, to appoint experts himself, and to request to participate personally in the examination. The bias in these matters means that the requested respect for the law is set aside. ARBEN QELESHI AND FATOS DERVISHI CONCLUDE THE INVESTIGATION AND CHANGE THE CHARGE AGAIN At the conclusion of the investigation, in the context of the European Prosecutor’s Office’s demand for Fatos Nano’s release, Fatos Dervishi announces that the investigation has been concluded, which he does officially.

THE TRIAL DEGENERATES INTO A BANAL, PREJUDGED PROCEEDING – Please allow me to withdraw from the prejudged proceedings: Fatos Nano declares: As I have also stressed, the accusation is in Somalia, whereas the aid was delivered in Albania. Mr. Chairman of the trial panel, you continue to confirm our suspicions that the proceedings are prejudged, by openly and repeatedly taking the side of the prosecution and violating procedural rules. Since you, Mr. Chairman, have decided—or decided in advance—to sentence me, and not only me but also my lawyers, I am obliged to remind you and repeat my already-known position, which I have stated: my procedural position in these proceedings as the accused is to sever all relations with the trial panel. Therefore, I ask you once again to allow me, together with my lawyers, to withdraw from this prejudged trial. Please return me to my cell. After withdrawing, the court rejected Fatos Nano’s request by an interlocutory decision. AGIM BENDO: PROSECUTOR OR JUDGE? – SHIK too is present in the dock beside Fatos Nano. Mr. Chairman, I cannot help reminding you of the excellent progress you are making in your career as a prosecutor in this trial. I also remind you that, in this favored position to which those in power have brought you in this trial, the two sides competing against you—the ones accusing me—have been treated very well, and, to denounce the fact that the only person missing from these proceedings is the chairman of the trial panel, I will add that, to my modest knowledge, you take these types of tape recorders from the table and show one tape recorder to the trial panel, for the service of the national intelligence service. I know this well because opposite my office window is the “house” with everything. This shows that the proceedings are taking place here and are being documented in this way. Which file is SHIK working on? Think about it, people, lest you open your own case. DO THIS JOB PROPERLY, BECAUSE I’M USED TO DEALING WITH A BATTALION. So that you and everyone else clearly understand the other essential reasons, besides the violations of the law, that have compelled me to take this procedural position toward your trial panel, let me respectfully remind you of what Mr. Pjetër Arbnori quite rightly told his colleagues in the highest echelons of power. I quote Mr. Pjetër: “Do this job properly, because I, that is, Mr. Pjetër—and in this case I too—am used to dealing with a battalion.” This therefore includes everything that has not been said about a battalion. Agim Bendo changes direction, but you wanted to try a battalion too, for the future, following Pjetër Arbnori’s conclusion. Fatos Nano replies: Ah, this ... (Continued on page 3)

PRESS RELEASE Addressed to ATSH, RTV, and the newspapers “Zëri i popullit,” “Dita informacion,” “Populli po,” “Rilindja,” “Rilindja demokratike,” “Kombi,” “Drita,” “Java,” “Demokracia,” “Alternativa SD.” At its meeting on 27 April in Buenos Aires, the Executive Committee of the World Federation of Journalists, headquartered in Brussels, considered and approved the application of the Association of Professional Journalists of Albania for admission as a full member of the World Federation of Journalists (IFE). Our association received this important news from the IFE’s secretary general, Mr. Aldan Uhite, our close friend, who previously headed the Welcome to IFE! In this way, Albania has, for the first time, an association that is a member of the world’s largest press federation, with 350,000 members from 106 national associations in 83 countries, and which also exercises its authority through the right to a consultative vote in the Council of Europe. The Association of Professional Journalists of Albania, founded in October last year, achieved membership of the IFE within a short time. The Executive Committee of the World Federation of Journalists accepted it with full confidence in the professionalism demonstrated by its members in their work, wherever they work—in the newspapers “Koha jonë,” “Zëri i popullit,” “Aleanca,” “Dita informacion,” “Populli po,” “RD,” “Demokracia,” “Drita,” “Kombi,” and “Java,” on RTV, and in several local newspapers. On this occasion, the Association’s Board conveys its warmest greetings to all members for the noble work they do, and also wishes them success in uncovering the truth, determination in defending freedom of the press, professional ethics, and respect for readers, listeners and viewers, so as to continue to merit membership in the IFE. For the Board of the Association of Professional Journalists of Albania, Chairman PREC ZOGAJ Tirana, 22.5.1994