THE ALBANIAN TANGENTOPOLI IN COURT: THE DEFENDANTS REQUEST THAT NIKOLA ARSIDI, LEORENT SIMON AND LAWYER CARTERON APPEAR BEFORE THE COURT THE ALBANIAN TANGENTOPOLI IN COURT: THE “ARSIDI FILE” REOPENED. THE DEFENDANTS REQUEST THAT NIKOLA ARSIDI, LEORENT SIMON AND LAWYER CARTERON APPEAR BEFORE THE COURT - There are no original documents in the file - Former prosecutor Haxhia, Ilir Hoti’s lawyer, says the proceedings will be sidetracked. The trial linked to the much-discussed Arsidi scandal began yesterday morning at the Tirana Court of First Instance. The Albanian financial bosses Ilir Hoti, 37, a graduate in economics and former governor of the State Bank; Agron Saliu, around 40, a graduate in physics and finance and former director of the Commercial Bank; Agim Tartari, 57, a graduate in economics and jurisprudence and former intermediary at the Commercial Bank; Ardian Xhaheri, 30, a graduate in economics and former director of the Commercial Bank; and 43-year-old engineering graduate Vilson Ahmeti, former prime minister of Albania, appeared yesterday at the Tirana court to face charges of misappropriating state property valued at 123 million 275 thousand lekë, of which 60 million remained an attempted offense. The state’s case will be presented and defended by the heads of the Tirana prosecutor’s office, Arben Qeleshi and Genc Gjokutaj, while the defendants’ innocence will be defended by Tirana’s most prominent lawyers: Përparim Sanxhaku, Maks Haxhia, Artan Gjylbegu, Pajtim Hoxha and Fatmir Broka. The balance on the scales of justice will be maintained by the court panel chaired by Mr. Andi Çeliku, deputy head of the Tirana court. Many people were noticeable in the court premises in the early morning hours for the trial, mainly family members and journalists from the independent and opposition press. For the latter, everything happening today is also connected with the continued denunciations by former minister Shehu, who has repeatedly centered them on “Arsidi,” the most sensational trial that will bring this year to a close. At around 9:30, after the strict formalities of introductions, the court panel sought the parties’ “vote of confidence” in its conduct of the trial. Hoti, Xhyherri and Tartari declared themselves “in favor,” while Sanxhaku, also speaking on behalf of Saliu, explained that on 27.12.94 he had submitted a request to the Court of Cassation for the case to be tried by a court in another district. “Since we have not received an answer, I request that the proceedings be suspended,” lawyer Sanxhaku said. When Judge Çeliku asked to be informed of the grounds for this request, Mr. Sanxhaku did not disclose them. However, sources close to him say that the grounds are not related to the court panel but to the court president who appointed it, and who, in his view, should have been called as a witness in the case. This fact casts doubt on the judges’ independence. Mr. Ahmeti’s lawyer, P. Hoxha, also expressed reservations concerning previous rulings and the change in the security measure imposed on his client, against which he has appealed but has not yet received a reply. By an interlocutory decision, the court panel rejected these lawyers’ requests and decided to continue hearing the case. The hearing continued with preliminary requests from the accused and their lawyers. This first moment, regarded as a heated point in the proceedings, began with the prosecution’s objections, at least concerning the effect of violations of the Criminal Procedure Code documented in the case file. The lawyers requested that the originals of the payment orders, bills of exchange and fee agreements be placed in the file, or that the Albanian judicial authorities confirm the photocopies contained in it; they also requested that Nikola Arsidi, Leorent Simon and the lawyer defending the interests of the Albanian state, Mr. P. Hoxha, appear in court as witnesses. Regarding these requests, lawyer Haxhia said that the case could not be considered before these matters were addressed. Haxhia said the case had struck at the backbone of the state. “So Albania can find out what is happening here, who bears primary responsibility and which high-ranking figure has been involved in corruption, I request that this trial be broadcast on TV,” said former Prosecutor General of the Republic Maks Haxhia. In any case, he expressed the suspicion that the trial would be sidetracked away from the issue. Artan Gjylbegu, also a lawyer for Mr. Ilir Hoti, expressed his surprise (Continued on page 2) ... We have all noticed, indeed felt, how our traders have raised—and are continuing to raise—prices in these days leading up to New Year. Apples, for example, went from 30 and 40 lekë to 50 and 60, then 70, and now 80 lekë. Prices of oranges, chickens, drinks, etc. have also risen unexpectedly. Could this be a rule of the market economy that we do not know about? ... ... alarming manifestations of disobedience to it. Acts of hooliganism, vigilantism and vulgarity have recently increased noticeably. Faced with these phenomena, citizens’ ability to exercise their human rights and fundamental freedoms normally is under threat. The Albanian Helsinki Committee has called first and foremost on state organizations at every level to approach the numerous and delicate duties assigned to them with a heightened sense of responsibility. This year’s end is also a moment to take stock of achievements, as well as of the tasks facing Albanian society. Let us welcome the new year 1995 with optimism and hope, and with determination to make persistent efforts so that the country continues to progress toward democracy and prosperity. Albanian Helsinki Committee Tirana, December 29, 1994

- Says MP Gramoz Pashko - The DP deputies, in the response they gave to the memorandum drafted and signed by us, a group of MPs from all parties, show that they have not understood the essence of the issue, declaring that we asked for his release. On the contrary, we asked for the exercise of the constitutional powers of the President of the Republic. First, this parliament stripped MP Nano of his immunity not because he was a socialist, but because he was suspected of having committed a crime. It is also this parliament’s duty to give a colleague, regardless of which party he belongs to, the chance to prove his innocence when he has been imprisoned. Thus, in our memorandum we affirm the independence of justice, and precisely call for the rigorous application of justice. Second, in your statement, gentlemen of the DP, you say that you oppose corruption, accusing us of supporting corruption by intervening to secure Mr. Nano’s release. I do not want to get into the thousands upon thousands of arguments about my corruption or yours, and I still believe it can be fought. But are we truly convinced that the judicial proceedings against Mr. Nano, and the closing off of avenues for reviewing the case once more to determine whether the treatment he received was just, represent the model for fighting corruption? Third, the request was not addressed to you as a group, but simply to those individuals in this chamber who feel free from fear. Everyone was free to sign or not. There was no need for comments, much less for judging the actions of other MPs. And in fact, in accordance with Albania’s constitutional laws, the request is addressed to the President of the Republic, to whom we ourselves have granted the exclusive power of pardon. Just as he may pardon ordinary thieves, murderers and rapists, he also has the exclusive right to judge for himself whether it is worthwhile to pardon Nano or not. Why do you seek to deprive the president of this right? It would therefore be to your credit to let the President of the Republic decide for himself, positively or negatively, under his own personal responsibility, without your interference. But unfortunately, this time you intervened negatively; and, absurd though your intervention was, you provided fresh proof of intolerance and reminded the president that even if he wishes to pardon Mr. Nano, you are the ones who will not let him. I do not wish to offend anyone, but I want to reiterate that you must understand that the pardon the President of the Republic should grant to Nano is neither to the detriment of the president nor to Nano’s benefit. It is in Albania’s interest; it will be proof that Albania not only needs justice, but knows how to build it. GRAMOZ PASHKO

(Appeal of the Albanian Helsinki Committee) The Albanian Helsinki Committee considers that the situation in the country is characterized by an extreme intensification of the political struggle, by the state of emergency declared by the government because of the shortage of electricity, and by other difficulties of the period we are going through. This difficult situation has led to flagrant cases of the state apparatus failing to function in some sectors, especially in local administration, as well as alarming manifestations of disobedience toward it. Acts of hooliganism, beatings, vigilantism and banditry under threat. The forces of the political opposition, too, are expected to show greater sensitivity and to engage seriously, beyond party prejudices, in ensuring that the state machinery functions properly. In these extraordinary circumstances, the understanding and readiness of all citizens are more necessary than ever. They must carry out their duties as citizens by rigorously respecting the law and obeying the rules that make peaceful coexistence and normal governance possible. society. Let us welcome the new year 1995 with a feeling

Yesterday’s proceedings of the People’s Assembly The final day of the People’s Assembly’s work for 1994 ended with the consideration, among other matters, of the Republic’s Prosecutor General’s request to lift the immunity of Zef Brozi, President of the Court of Cassation. The discussion centered on whether or not the matter should be placed on the agenda, since the request submitted was not within Parliament’s competence to consider. The Committee on Mandates, Rules and Immunity, which met urgently before the session, had concluded that the Prosecutor’s request was not supported by law. MPs At Bregu, Strato... (some names partly illegible) called for it not to be placed on the agenda, while regarding the head, Com... Parliament, for this ... it is the competence of the People’s Assembly to consider lifting the immunity of the President of the Court of Cassation and to lift his immunity. The president may be dismissed only in two cases: when he commits a serious criminal offense specified by law, or when he is psychologically ill. The insistence of the Speaker of the People’s Assembly, Mr. Arbnor ... [?], on placing it on the agenda, since Parliament will not dismiss... without being convinced of the offense. The MPs responded only ... Spahia ... positively, especially regarding ... the discussion by MPs A... Hajdari ... at that moment ... the People’s Assembly ... the confidence of ... that ... addressed... Th... was stated ... by the prosecutor ... the prosecutor’s request concerning immunity ... (the text continues and is partly illegible). (Continued on page 6)

Although the press conference held by Zef Brozi, President of the Court of Cassation, came as a surprise to journalists, their attendance at it was lively. In the meantime, word of the debate had reached newspaper newsrooms: the unexpected debate held yesterday morning in Parliament on lifting Mr. Brozi’s immunity at the request of the Prosecutor General. At the beginning of the press conference, Mr. Brozi made an oral statement in which he expressed his views on the Prosecutor’s request to lift Mr. Brozi’s immunity. The statement was to be published more or less briefly, in the hope that from Brozi’s words something might be learned about what is expected to happen later. Taking your ... into consideration ... (part illegible) ... (Continued on page 4) BROZI: “Today marks the beginning of Zef Brozi’s fight against the injustices of those in power” ... he said. I know that for several months there may have been an effort to eliminate Zef Brozi from the scene, ever since the President and the Prosecutor General demanded that the President of the Court of Cassation account for the damage to the innocence of journalists, ever since some disagreed with changes in the work of the courts toward independence, ever since some—who, unfortunately, hold very high state offices—have feared the independence of the courts, feared Zef Brozi’s integrity in applying the law to protect the rights of others, and feared the protection of their own rights; those who fear facing Zef Brozi, those who for months have been seeking, through intrigues, a biography of Brozi, as well as after losing the referendum. Even yesterday, in an interview in the newspaper “Koha Jonë,” I mentioned the president, the speaker of Parliament and the government, and all this is part of a television debate in which their views were expressed. I cannot compromise with anyone to the detriment of citizens, whose rights are being ...

— Four people died in a car accident. 9 others are in extremely serious condition — The day before yesterday, at around 14:30, a tragic and deeply painful incident occurred. As a result of a car accident, the vehicle driven by Naim Matjani, who was traveling from Rrësheni to Kaçinar, skidded off the bridge at a place called Ura e Kaçajve, falling around 25 m below it. Sixteen passengers were traveling in this vehicle; four of them died, while nine others are in the hospital in Rrësheni, some of them in very serious condition. This incident has shaken all the residents of Mirditë. D. V.

— Interview with Pirro Dodbiba, Chairman of the National Committee of Veterans of the National Liberation Anti-Fascist War of the Albanian People. Comrade Pirro, what are the ties between your organization and the World Veterans Federation? Our organization has maintained regular ties with the World Veterans Federation for two years. In 1993 and in the spring of 1994, we participated respectively in the conferences in Istanbul and Lisbon organized by the Federation. Now we are going to the Congress in Bordeaux with the thought and confidence that this high-level forum will accept us into its ranks, not merely as observers, but as full members. This would be a great honor for all the veterans of our organization; at the same time, it would constitute another link in Albania’s integration into international organizations. What was the agenda of the 21st Congress of the World Veterans Federation? The Congress agenda concerned the measures, approaches and forms of work that would be used to celebrate with greater grandeur the 50th anniversary of the

After a serious illness, Haki Toska died. He was one of Albania’s former communist leaders for a long period, a former partisan and a leader of partisan formations during the National Anti-Fascist Liberation War.

We have all noticed, indeed felt, how our traders have raised—and are continuing to raise—prices in these days leading up to New Year. 40 lekë to 50 and 60, Let us look at a few neighboring countries. At Rome’s market, established back in 1924 and resembling a green city, all the fruit and vegetables to be sold in the city are gathered. Collection begins at midnight and continues until six in the morning. Prices are set by the private traders themselves. The state monitors them. For New Year, naturally, production is high and purchasing is also greater. To sell as much as possible, the traders’ association lowers prices. Almost all fruit and vegetables in Italy cost 20 percent less in the run-up to New Year than on other days. This refers to first-grade quality. Thus, the traders of Rome, who are supplied precisely from these warehouses and nowhere else, buy and sell at standardized prices. The financial police, the health inspectorate and the municipal representative all have offices in this warehouse. Just out of interest, Rome is supplied with fruit and vegetables from 3 a.m. to 6 a.m.; after that, the retail outlets take over. Our citizens do not know that Albanian traders buy apples in Macedonia for the same amount of money. That is, for 1 DM they buy 5 kg of apples—and what apples! Many of them, in their eagerness to make as much profit as possible, buy them even more cheaply and shovel them into the truck. But these are substandard apples used by industry. And they bring them here and sell them to us for 80 lekë a kilo?! In Greece, as any Albanian knows, oranges are very expensive; here, on the eve of New Year, they are sold for almost 1 dollar a kilo. And further still, in Turkey, just before New Year, after making their annual accounts, all traders distribute gifts to small shops and poor people: 20 percent of them do so. The biggest traders—even those whose title is “millionaire”—use the distribution of gifts to support a place of worship or a charitable institution. They say that 20 percent of the profit from 1 kg is haram for any trader, and therefore must be returned to the people. When will our traders understand that such price increases on the eve of New Year are haram? A mass-scale petty theft, while the government looks on!

- List of the accused - 1. Zef Brozi, President of the Court of Cassation 2. Rexhep Uka, former deputy prime minister, minister of agriculture, minister of local government, MP for the DP. 3. Genc Ruli, former finance minister, MP for the DP 4. Agron Hoxha, former minister of trade and cooperation with foreign countries 5. Fatos Bitincka, former minister of transport 6. Albert Gajo, former adviser to Prime Minister Meksi 7. Mahmut Xhelili, former Director of the Forestry Directorate.