25/05/1994
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Zëri i Popullit

25 May 1994

Appeal trial concluded: verdict to be delivered Thursday A CHANCE TO ESTABLISH JUSTICE AND UNDERSTANDING

What emerged from the trial; - 250 pages have been removed from the case file; it is not known by whom - The file contains untranslated materials and other items that were included in violation of the law - The prosecution also seeks to hold Fatos Nano responsible for the aid that arrived during the Meksi government - Documents emerged proving that all the Italian aid arrived in Albania and that the expert report, price bulletin, etc., have been manipulated.

LET US PROTECT THIS NATION’S FUTURE TOGETHER, WHILE RESPECTING THE FREEDOM OF EVERY INDIVIDUAL

- Fatos Nano’s speech in court yesterday - Honorable judges, I am innocent, and I ask you, by recognizing and legally affirming this absolute truth, to perform honestly the duty entrusted to you by the law and by God, restoring my dignity and all the freedoms and rights that have been unjustly violated. I truly regret having to observe that even at the Court of Appeal, the Prosecution, already known as an instrument of those in power for eliminating opponents, took the most irresponsible position in terms of respect for the law, law, the most incompetent professionally, the most absurd in terms of its «ability» to calculate pennies, and the most incapable. It is worth appreciating the thousands of unblemished acts of generosity of the Albanian people for the Albanian people, truly from the standpoint of political vengeance—in short, the most unjust position for representing the third branch of power in a country that aspires to democracy. I sincerely regret it, despite the fact that the old «war» against everyone continues, since Mr. Duka asked Mr. Dragoshi a year ago to have me arrested at all costs, so that his brother, may he rest in peace, could die «peacefully»! As I emphasized in my closing argument, I forgive; I forgive because we can make and protect the history and future of our children, of this eternally threatened nation, only all together, only through understanding and respect for the freedom of every individual, from which the freedom of the entire nation springs. Let us put an end to vengeance, war, and the absurd elimination of one another, by returning to the roots of civilization and the centuries-old survival of the Albanians! Without ever forgetting that my children are waiting for their father so they can grow up without hatred; that my elderly parents are waiting to be reunited with their only son before God takes them; that my voters are seeking the deputy for whom they voted of their own free will, and that all Albanians are seeking peace, freed from fratricide, allow me, Mr. Chairman, to humbly suggest that, before you reach your decision as a judicial panel, you read Aeschylus’s lofty message, which comes fresher than ever in the latest publication in French of our great Kadare, in the Albanian language. You will find it faithfully reproduced in the newspaper «Rilindja Demokratike» of Saturday, May 21. These messages are valuable for all times: «Free Prometheus»! FATOS NANO Chairman of PSSH, Deputy of the people 24. 05. 1994

The prosecutor falsified the truth

- Address by attorney Përparim Sanxhaku - Honorable judges of the Court of Appeal, Honorable Chairman, We heard the opinion expressed before you by the prosecutor, who requested that Decision No. 266, dated 3.4.1994, of the Tirana District Court be upheld, by which Mr. Fatos Nano was declared guilty and sentenced to 12 years’ imprisonment under Articles 62 and 106 of the Penal Code. I do not know whether the prosecutor, out of malice, unfamiliarity with the case materials, on his own initiative, or deliberately, distorted the truth. First, by agreeing with the falsifications made by the District Prosecution, and second, by falsifying things himself. The prosecutor falsified the truth, he emphasized. Fatos Nano?! By the same logic, why did the prosecutor not also charge F. Nano with collecting the biscuits, gravestones and spoiled, unprocessed medicines that recently arrived as aid from England? And again, why, if Mr. Duka knows that he unlawfully received 72,572,000 lek, does he not address him to return the amount unlawfully received? Yesterday, with complete and convincing facts and documents, I proved that the aid allocated by the Italian government arrived in full in Albania, but with how many crates ... [text unclear] ... prosecutors and the court that they should bring Përni- olen to trial to demand the money from him. Everyone present in the courtroom understood this, except RD, which treated this ... 12 years’ deprivation of liberty do not know whether the prosecutor distorted the truth because of the complaint, because he was unfamiliar First, by going along with the falsifications made by the District Prosecutor’s Office, and second, by falsifying things himself. Put differently, the prosecutor falsified the truth. Please open the investigation file and read once again—read it and throw the falsifications he made as the person responsible for Mr. Fatos Nano in his face. In the record of the conclusion of the investigation and the review of the case materials (see investigation file, vol. 6, p. 81), it says: «We request that, in order to become acquainted with the case materials ...» ...brought before the judicial panel yesterday over the manipulation of the file, or because he could not find the person who had prepared the material earlier, or because he had nothing to say in response to them. Other grounds may be added to the problems raised concerning the lack of basis for the charge, if removed materials were to be sought in the file and those 500 pages of material kept separately from the investigation file were also to be brought forward. Why does the prosecutor not attribute to the Meksi government the failure to fulfil the contract for medicines during its period in office, but instead lay it at Fatos Nano’s door? Could it be that the governments after Nano were obliged to uncover the «orders and rules» established by ... by ... I proved, with complete and convincing facts and documents, that the aid granted by the Italian government had arrived in Albania in full, but no matter how much I urged the prosecutors and the court to put Pernila on trial and understood this, except RD, which treated it as a fact proving Mr. Fatos Nano’s guilt. Mr. Chairman, trusting that you will conduct a complete, comprehensive, and objective analysis, you will certainly reach the conclusion that F. Nano is innocent. Thank you.

ROBERT GJINI:

«I am innocent, and I will seek justice for my innocence all my life. Albania is a country with more than 300 days of sunshine. When the true rights triumph over dictatorship, my right will triumph too.»

The Prosecution, an instrument of power for eliminating political opponents

- Even the tardy prosecutor Petrit Duka joins the ranks of complicity. - He does nothing but produce an amateurish reproduction of the shameful charge against FATOS NANO Yesterday’s appeal hearing in the «Nano case», as expected, opened with the words of the prosecutor, Petrit Duka, who was incapable, mediocre, and had no knowledge whatsoever of the investigative and court file; a former supplier who had specialized as a company lawyer and was made a prosecutor only recently. In his statement, he said nothing beyond what his predecessors had said. Not only that, but he also reproduced the flimsy accusation in a highly amateurish manner, exposing the falsity of the request he had made to the panel of judges the day before, when he asked for time to prepare. His statement had nothing to say about the circumstantial evidence and the new claims raised at the hearing by Fatos Nano and his attorney Përparim Sanxhaku, as well as by Robert Gjini, his attorney Roland Pëllumbi, and attorney Hasan Halkos, Mr. Fatmir Braka. Doing nothing other than repeating slanders and the decision of the trial court, Mr. Duka (with his ... [unclear]) cannot shake it, since this is no place to remind him that Diku Duka, killed by Kajo Karafili, showed that he had willingly joined the accomplices’ ranks, beginning with the instigation of attacks against the chairman of the Socialist Party and member of the People’s Assembly, Fatos Nano, and continuing with his unlawful arrest, imprisonment, and conviction. He asked the panel of judges to uphold the trial court’s decision against Fatos Nano, making only one correction, which he can hardly have come up with himself: subtracting from the sums of 72 million and 300 thousand lek charged to Fatos Nano, on the basis of the civil suit brought by the prosecution, the 250 thousand lek which, according to him, the Tirana court had calculated incorrectly—the result of «rounding the figures»! Mr. Duka also requested that ... (Continued on page 4)

POLITICAL DEFENSE AGAINST POLITICAL PERSECUTION

Fatos Nano’s speech at the Court of Appeal was awaited with interest by public opinion, both at home and abroad, not as a defense against the charges for which he is actually accused, but as the defense of the opposition leader and popular deputy, who has been fiercely persecuted by today’s bloodthirsty regime since his arrest. His speech at the Court of Appeal was a political defense against political persecution. 10 min) since his imprisonment as ... [text unclear] made clearer the distortions of Albanian democracy ... Fatos Nano’s speech at the Court of Appeal was the utopia of Albania’s transition from totalitarianism to democracy. As one of the leading protagonists of this transition, Fatos Nano is aware that the institutions of today’s Albanian state, founded at every level, are marked by grave shortcomings and distortions inherited from the past and present, and extending into the future. With a value of ... [the page text is unclear] ...of the past and the present. Despite the barbaric actions of today’s state against him, he does not lose his tolerance or his belief that these things can be corrected, including major inherited problems, even by forgiving sinners. Nevertheless, his call for correction is not a call to bargain away punishment; it demands the political and moral superiority of the physically imprisoned over those spiritually imprisoned by political and moral degradation. In his speech, Fatos Nano praised the contribution and sacrifices of his generation of Albanian politicians, who took on the difficult task of leading Albania out of the chaos and ruins of totalitarianism and onto the path of building a new democratic society. This generation of politicians, raised and educated through sacrifice during the years of communist dictatorship by the Albanian people, is part of our national wealth. When fires broke out, they looked toward the future and charted a course toward it with a strong patriotic and national spirit, risking their personal and family interests. Their contribution to designing the new political system, market-economy reforms, the rule of law, Albania’s integration into the civilized international community, etc., forms the foundation stones of today’s democracy. Fatos Nano’s speech was that of a new generation of young Albanian politicians who thus embarked on the path of development toward freedom and prosperity (which path?) all? ... [text continues beyond the frame] (Continued on p. 3)

The DP symbol trans- formed into a tool for attacking political oppo- nents