29/12/1994
Original newspaper scan
scroll · drag · double-click

Zëri i Popullit

29 December 1994

WE ARE CLOSING ONE “POLITICAL YEAR”—AND OPENING A NEW ONE UNDER PARTICULAR CIRCUMSTANCES

The New Year, as a holiday that has acquired great significance on a universal human scale, values that bring together, in the experience of life, the pleasure of greetings and the hope for a more united future—or, better still, that has itself also taken on a special role as a measure of achievements and objectives—has become commonplace. It is no coincidence that people say: “A year is an inhabitant of time.” This applies not only to people, who grow a year older with every New Year, but also to the government and political parties... With this in mind, the Socialist Party too is closing its “political year” for this period, under particular circumstances, and opening a “new political year,” 1995. We have not been waiting beneath the tree for new heads to be given to us. The year whose final days and hours we are counting down has been packed for us with activities, achievements and messages, but also with disappointments. We would have wished for the New Year to find Albania with a long-term democratic Constitution, for the SP Chairman Fatos Nano to celebrate the holiday among his family and comrades, and for Albania to be able to ease and increase assistance for reform as a result of bad and corrupt governance. Unfortunately, it is regrettable that none of this happened during 1994 either. Nevertheless, we do not succumb to pessimism, because a people that fights and works in a democracy, a people that demonstrated admirable political maturity and the legal energy of the time when, on 6 November, it said “NO” to “Berisha’s Constitution,” is a guarantee that we will have a better future. Even for this reason alone, 1994 will go down in history as an exceptional year. We are not pessimistic also because, looking at things on a narrower scale, we Socialists too made several “investments” during 1994, whose effectiveness, I believe, we will see materialize during 1995. I am referring to the political-year objectives that were achieved; to the Second National Conference of the PSSH; to the development of our alternatives for various spheres of the country’s life; and to the preparation and publication of the program and revised Statute. These are valuable documents, rich in ideas and new solutions, which speak of the PSSH as a political force entering its fourth year of existence, more mature, better prepared, with a greater sense of responsibility toward the country and its electorate, and ready to seek a redefinition of its role in the life of the country. The admission of FRESH to the Socialist Youth International and to the Youth Forum of the European Community’s Twelve is this co- [Continued on page 3]

You have no right to judge the people’s verdict

In response to the Constitutional Court’s notice concerning its consideration of the request by the PS Parliamentary Group regarding the 6 November Referendum We have received your notice informing us that you will consider our request concerning the referendum of 6 November. On 11 October 1994, the PSSH parliamentary group asked the Constitutional Court: - To declare unconstitutional Article 2 of the law “On the Referendum,” adopted by the People’s Assembly on 7.10.1994. - To declare unconstitutional the decision of the People’s Assembly to approve the Constitution of Albania by referendum. - To suspend the implementation of the aforementioned law and decision. - Our request stemmed from a simple principle, accepted by the courts and everywhere, that “Constitutional provisions cannot, under any circumstances, exclude one another.” This is particularly true in a country where a Constitutional Court is functioning. Therefore, Article 16 of this law on the main constitutional provisions, which gives parliament the right to decide on popular referendums, does not in any way override Article 16.2, which gives parliament the right to ratify the Constitution. It is therefore clear that a referendum (Article 13.7) can take place only after the Constitution has been approved by parliament (Article 16.2). This is also clearly enshrined in Article 3 of the law on constitutional provisions, paragraph 1.2 of which states: “The people exercise power through their representative bodies, as well as by referendum.” A referendum. Only when the politics of the day are placed above the law are constitutional provisions deliberately muddled, for a specific purpose and with an unclear end. Concerned by this and noting an unjustified delay in considering our request, we again asked you in our letter dated 19 October 1994 to examine this matter as soon as possible. It is clear that deadlines for considering cases brought before it cannot be imposed on the Constitutional Court. In the present case, however, we are asking for the implementation of a law and a decision to be suspended, both of which had a fixed date for implementation: 6 November, the day of the referendum on the draft Constitution. But once again you did not take our request into account. Now, almost two months after the referendum and after the “reshuffling” of your membership, you are willing to impose the will of those selected at populist rallies, despite the people having given a clear answer. Therefore, gentlemen of the Constitutional Court, we believe it is inappropriate to consider a matter that received its answer on 6 November. You may judge anything, but not the verdict of the people, who said “NO” to the draft and the unconstitutional procedures. When the sovereign speaks, others fall silent. For the PSSH Parliamentary Group Chairman NAMIK DOKLE

President BERISHA lives by slogans

— From yesterday’s press conference — Yesterday, President of the Republic Sali Berisha held his routine end-of-year press conference. It was an occasion for Mr. Berisha to once again mention the successes achieved by Albanian policy during the year coming to a close. According to Berisha, foreign policy was particularly successful in events such as the signing of the cooperation and friendship agreement with France and the intensification of economic relations with Italy, Germany, England, etc. In the field of domestic policy, particularly economic policy, the presi- [text continues beyond the frame] the president was more sparing in mentioning successes. He cited figures such as an 8 percent increase in gross national product, exports up 30 percent, customs revenues up 50 percent, inflation at 16 percent, etc. It is not known where the President of the Republic gets these figures, nor does he explain what comparisons these growth indicators are based on. In any case, the president acknowledged that “the fairest land on earth” has been and remains Europe’s poorest country, and that it has had to cope—and will continue to cope—with numerous difficulties. Thus, according to the president, Albania’s macroeconomic infrastructure alone... Albania’s indicators continue to be the best among the countries of the East. After this more or less rosy picture of the year’s balance sheet, the journalists’ questions become more “provocative” for the president. They want to know his views on the recent changes in government, corruption, the blocked Constitution, relations with Macedonia, etc. The president’s answers are almost the same ones we have heard dozens of times. Thus, according to the president, the DP is politically... and the government’s mandate lasts until 1996. The alliances with the parties that were in the coalition have not been broken. Corruption is inherited from the communist regime. The democratic state has fought corruption resolutely, but better legislation is needed. The Albanian government considers the political stability of Macedonia essential, while respecting the rights of the Albanians. The rhetoric of the president’s answers and his actions as head of state contradict his positions. Albanians at Helsinki who are calling for the release of the opposition leader have laid a petition on the president’s desk and are seeking his statement. Berisha’s answer to this question is outdated. According to him, Fatos Nano was imprisoned not as chairman of the PS, but as a corrupt person. The trial concerning Italian aid is continuing in Italy. The president has no authority to release anyone, only to pardon. I respect the memorandum of the fifty deputies and the statement by the Albanian Helsinki Committee, just as I respect the statement of the DP parliamentary group concerning the Nano case. This is the president’s answer. Much could be said about this answer. In all of it, one thing is clear: the president has changed nothing in his thoughts and views about what happened in Albania during this year. He is determined to contin- [Continued on page 2] Someone writing to you is a former candidate from the Devoll district. In the competition I scored 70.5 (66 competition points plus 14.5 average-grade points), came first in my district and 145th nationwide. Yet, as you can see for yourselves, I have been left out of this faculty. Why? In addition, there are 16 candidates from the new and small districts, where there is a shortage of legal professionals. Why? ARBEN SPAHO, former candidate for the Law Faculty in Tirana, registration number 184, Cangoj. Bilisht.

Is the Constitutional Court taking on the people’s “NO” of 6 NOVEMBER?!

Yesterday, the Constitutional Court of Albania took up the matter and retired to reach a decision concerning the requests by the parliamentary groups of the PS and PSD “Referendum” and the decision concerning the newspaper that “the Constitutional Court refused to examine the proper article in our case” [text continues beyond the frame].

The “ARSIDI File” is reopened...

Tanxhenopoli in the hands of the Tirana judges. — Ilir Hoti, Agron Saliu, Agim Turçari, Adrian Xhyheri, Vilson Ahmeti and the fake decoration “Order of French Courtesy” in court today “The Information File” returns to court today, following a denunciation by the former tourism minister in the “Meksi-1” cabinet. [Continued on page 3]

Beauty That Is Being Killed

Once Albania had such beauty... Once Albania had such beauty, and the Earth too, even before Sali Berisha defended and promoted the idea that he would make it a world [destination]. Ksamil is one such place. If you go there today, after more than twenty years, by now there has also been ... tourism. But the turret cannot be put up...? But can’t the destruction be stopped, demographic movement managed, buildings and squares administered, construction on them disciplined? Can’t disfigured beauties be brought under control and kept in check? The little beauty of the Earth that is Ksamil, the old beauty, is beautiful. A beauty that does not kill, but is killed. THANAS DINO * On 8 December in Ksamil [?]

Press conference by a member of the Court of Cassation

Tirana: After Mr. Brozi, the right to hold a press conference was “reserved” at the Court of Cassation for a member of this court, Mrs. Fatbardha Selencia. Yesterday at 1:30 p.m., she faced reporters in connection with an article published in the newspaper RD on December 25, 1994, which she rejected. It concerns a trial held against a Greek citizen, detained by the competent authorities on 16.8.1994 because a blood test of 270 gr had been found in a plant containing narcotic substances. In the art... at this court I have not ... and that the decision to release the Greek citizen had been made in exchange for 70000 dollars, and that Mrs. Fatbardha had not agreed with the opinion of the other two members of this court, she described this as a scandalous provocation before the reporters, emphasizing that such an article is a provocation against the independence of the judicial bodies. Referring to the article, she said it was not true that the other two members had been in favor of sentencing him; rather, together they had decided to refer the matter back to the prosecution body for reconsideration. Continuing, she stressed that the article had deliberately emphasized the protection of the brave man Petrit Kalakula, at a time when throughout my entire work in this body I have never used... Who and how much received from this money that is being alleged, she said, should be clarified by the competent authorities. Answering questions, she stressed that I have had no other incidents at this court that might be connected with this article; I did not personally inform Mr. Brozi and did not consult with him about this specific issue, concluding with the words that I reserve the right to address the competent bodies, and to bring the competent bodies forward, and to bring to light the truth concerning the article’s writers and their responsibility... (text cut off/unclear)

... of NOVEMBER?!

Yesterday, the Constitutional Court of Albania considered and then retired to reach a decision regarding the requests of the parliamentary groups of the PS and PSD to declare unconstitutional Article 2 of the law on the “Referendum” and the decision of the People’s Assembly to approve the Constitution by Referendum. Yesterday, the Constitutional Court of Albania considered and then retired to reach a decision regarding the requests of the parliamentary groups of the PS and PSD “Referendum” and by Referendum. The nine members of the Constitutional Court—more than two months after the request for a review of legality had been made public and addressed to them—tried, despite their advanced age, to give back some of the lost solemnity to the institution they represent. Before the hearing began, various analysts said that the most likely outcome of the trial was a ruling that everything was lawful, and that, above all, it was preparing what Berisha had announced a week after November 6: a New Referendum. This is all the more so given that the PD has left the round table of parliamentary parties seeking a legal solution to this key problem. In this regard, the deputy chairman of the PS parliamentary group, Mr. Fehmi Abdiu, told the newspaper yesterday: “The Constitutional Court refused to examine our case at the proper time, which would have prevented the violation of the law. But it did so, and by doing this alone, it has exhausted itself as well.” According to him, the Constitutional Court faces only these alternatives: First, to rule that the actions of the President and Parliament are unlawful and to demand that they be held accountable. Second, to judge the people who said “No” to the constitution. Which of these alternatives will the Constitutional Court choose? Abdiu says they can choose whatever they want, but in any case, alongside the demands for their resignation. But “the nine” did not share this view. After reading the PSD request signed by Mr. Teodor Laco (who, when signing on October 14, did not know that the Referendum would be lost and that he would become a minister), the court’s chairman, Mr. Rustem Gjata, read a statement from the PS group. (Continued on page 3)

Talks held between delegations of the EP and the PD

A press release from the Albanian Ecological Party states that, at the request of the chairman of the Democratic Party, Eduard Selami, who had visited the PD headquarters recently, a meeting was held between delegations of the Democratic Party and the Ecological Party wing, led by their counterparts Selami and Hoti. Also present were Ali Spahija for the PD and the chairman of the youth association, Naim Hysenaku, for the EP. According to the same press release, the meeting discussed the shortage of [unclear] and the rights that have caused it, as well as the frequent lack of bread for residents of the capital. The chairman of the PD, Eduard Selami, told Mr. Hoti that these problems are not as serious as the “reactionary forces” claim, without specifying them exactly. The PESH press release also states that the possibility of a future meeting has been left open.

Why does our government act this way?

TELEGRAM TO THE PRESIDENT OF THE REPUBLIC OF ALBANIA, MR. SALI BERISHA

According to the spokesperson of the Ecological Party: TIRANA On behalf of the Ecological Party, I con...gratulate you for your very beneficial work for the Albanian nation. We are convinced that your commitment will be even greater in the coming year. Chairman of the Ecological Party NAMIK VEHBI FADILE HOTI