09/02/1995
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Zëri i Popullit

9 February 1995

ALL GUILTY, ALL FREE

YESTERDAY THE COURT OF CASSATION DELIVERED ITS RULING ON THE FIVE MINORITY MEMBERS During the trial, serious violations of Albanian constitutional law and international conventions on human liberties and rights were established YESTERDAY THE COURT OF CASSATION DELIVERED ITS RULING ON THE FIVE MINORITY MEMBERS ALL GUILTY, ALL FREE During the trial, serious violations of Albanian constitutional law and international conventions on human liberties and rights were established Two or three minutes yesterday at noon—the time needed for a court ruling—seem to have lifted the nightmare, the deadlock that had blocked relations between the two traditional neighbors in the southern Balkans, Albania and Greece. The case of the five—activists of the organization of the Greek minority in Albania, «Omonia»—ended yesterday after a trial lasting more than 200 minutes in the highest Albanian court, the Court of Cassation. This was the case which, emerging in April 1994, established and carried to absurdity the conditions of a cold war between Albania and Greece. Its consequences seemed to weigh on Albanians for more than six months. More than 50,000 Albanian emigrants were sent back by the Greek authorities to the land they had left months, or even years, earlier for economic reasons. What happened was provoked precisely by Tirana’s accusations of state terrorism, border alteration and spies—what should not have happened: diplomacy was penalized. For more than six months, the icy status quo was anything but static. It loudly displayed the institutionalization of hostility with the neighboring country at its extreme. But yesterday’s expected ruling, viewed and discussed more as a political than a legal matter by progressive Albanian circles—which, fortunately, belong to the opposition—and by the major European international organizations and the White House, seemed to send warm air masses over the southern border of Albania. There are no more conditions! Tirana and Athens must sit at the negotiating table if they so wish. But what did yesterday’s proceedings offer? Reports from numerous European organizations and the U.S. Department of State were accompanied yesterday morning by the extraordinary interest of their representatives, the diplomatic corps, and the Albanian and foreign mass media, present throughout the proceedings. At last, the atmosphere of Western courts was felt in an Albanian court too. A courtroom with the minimum conditions for a hearing, the judicial means necessary for a trial judging people, and a judicial panel acting as an arbiter between the parties—for the first time yesterday these created the impression that, at last, a trial free of prejudice and hatred would also take place in Albania. In this atmosphere, the announcer introduced the judicial panel, bringing to the setting the solemnity of the black robe: Chief Justice Brozi and judges Petrit Plloci and Vajigjel Kosta. «Good morning, please sit down» were Brozi’s words; after receiving no preliminary motions from the parties in the case, he gave the floor to the defendants’ lawyers. Lawyers denounce: flagrant violations of human liberties and rights «The ruling is not based on the Constitutional Law on Human Liberties and Rights, the Albanian Penal Code, or the Law on the Activities of Associations»—this was the statement made by lawyers Kujtim Puto, Pajtim Hoxha, Vladimir Bineri, Kristaq Ngjela and Argile Lole yesterday before the highest Albanian court. Stated in this general form, it was then followed by a series of explanations which were more accusations against the investigative authorities and the lower courts than explanations. What were these violations? First, the detention and arrest of all five Greek minority members, at least four days later. Second, applying the charges of espionage and alteration of state borders, which apply only to foreign citizens and not to Albanians. Third, conducting the investigation without the presence of defense counsel. Fourth, conducting the investigation under psychological pressure and violence, in many cases inflicted by employees of the Albanian secret service. Fifth, denying the defendants’ request to confront the witnesses who had accused them in statements made during the investigation but who had not been summoned to testify in the courtroom. These were the foundations of the defense presented by the five lawyers for the five defendants, and they clearly reflect substantial violations of human liberties and rights, citizens’ constitutional law, and international conventions. An even more serious accusation came from the American lawyer, the American representative and U.S. citizen Theodori Bezhani. Saying that this case had attracted extraordinary international attention in court, he stated that «the Albanian investigative authorities and the lower courts have violated the International Conventions on Human Liberties and Rights», so often cited by Tirana officials on 4 October 1991. He identified two of these rights: the right to defense counsel and the right to confront witnesses, set out in Articles 14(b) and 14 of the aforementioned Convention. All the lawyers, referring to these points as well, requested that the decisions of the courts of the two lower instances be overturned and that all five be declared innocent. …more political than legal, from Albanian progressive circles, which fortunately belong to the opposition, and from the major international European organizations and the White House—it seems to have brought warm air masses across the Albanian border. Enough is enough! Tirana and Athens must sit down at the negotiating table to achieve what the peoples desire: good-neighborly relations and mutual cooperation. …tional bodies. An even more serious accusation came from the American-supported lawyer representing the American citizen Theodhori Bezhani. Stating that this case has attracted extraordinary international interest, he said that “the bodies of this Albanian regime, as well as the courts of first instance, have violated the International Conventions on Human Rights and Freedoms that were signed…

Game or Anarchy?

A LOOK AT THE TIRANA MARKET The market is undoubtedly one of the clearest indicators of a country’s economic life. The development of crises, poverty and prosperity, stability and anarchy are reflected there better than anywhere else. From this—this dominant point—let us look at the capital’s market, and then the Albanian market. And, in connection with this, at Albanian economic life at the beginning of this year. It is impossible to speak of the market in an economy without presenting a static, unchanging picture of relations between supply and demand, between buyers and sellers of particular products. At the same time, however, it cannot fail to be an indicator of the political, economic and social developments of every country undergoing reform, or even one that has passed through that phase. From this perspective, the phenomena seen at the beginning of this year in the Tirana market cannot fail to attract attention and cause painful impressions. And if we speak of Tirana, the «colors» of these phenomena become even more vivid farther away, in the south and north of Albania. The budgets of citizens—most of whom have no «budget», no work, no wages, and live on assistance—are feeling, in these days of confusion, unexpected and incomparable price increases for many basic products. For days on end, shortages of petrol at distributors have driven prices to unprecedented levels. As if the government’s decision to raise fuel prices were not enough, a supply crisis followed, putting users in difficult situations and facing them with prices that clearly exceed even those in foreign markets. But fuel is not the only thing weighing on Albanians and on the cost of every product that has to travel through the city’s commercial network, even for just 1 km. Added to this cost, apart from prices, are the unexpected rhythms of production. Citizens are generally affected by shortages of sugar, cheese and other food products on the market. Then there are further price increases, beyond all market logic and explained only by the logic of exploiting people’s vital needs. The shortage may not seem troubling, nor may anyone approach it, even when something costs over 60 lek per kilogram—for a coffee, a tea, or a halva on a religious holiday night. The absence of essential goods, the emptying of the market of domestic production, and its total subjection to market conditions constitute a harmful game, with a direct impact on workers’ lives. Who is playing or allowing this game? Could it be a game played by the «monopolists» of these products, favored or supported by government officials—or, even if not supported, simply neglected by them? Could this be a new sign of the deepening crisis and anarchy in our economy during this excessively prolonged period of transition?! The government and government officials must answer these questions, which our citizens are asking today as they return from the market astonished and angry at the prices of life’s most basic necessities—a shopping bill that grows before their eyes, without their knowing why and without being able to do anything about it. S. R.

The President of the Court of Cassation asks:

Was the detainee brought before a judge within 48 hours? Was there a court order for the search of the detainee’s home? Was an official record made of all items seized, in the presence of impartial witnesses as well? Did the detainees request defense counsel from the moment they were detained? Where was the investigation conducted, and who conducted it? These were the questions put by the President of the Court of Cassation, who presided over the judicial panel, to the defendants’ lawyers; although phrased as questions, they spoke volumes through the answers themselves… None of the five appeared before any judge within 48 hours. The records of the home searches are handwritten and signed by only one police officer. No home search was conducted under a court order. All five detainees requested lawyers as soon as they were told they had that right, but they did not have counsel during the investigation phase. From the day of their detention until (Continued on page 3)

Flagrant violations of human liberties and rights

- Law on the Activities of Political Associations—this is the common assertion in the arguments of…

The League of the Right—a disappointment

OUR NOTE These days the Albanian Right League was established, and yesterday it issued a «Declaration» setting out its program. It is a union of several parties, some with very familiar names, such as Balli Kombëtar, Legaliteti or the Republican Party, alongside phantom parties such as the Democratic Union, as well as the associations of Former Political Persecutees and Former Kulaks. Like any program, the program of this League contains fine words about democracy, human liberties and rights, its prospects, and so on. But even a quick look reveals many bitter observations showing that the essential tradition of this League—and the formation of this disappointment—has sown the seeds of disappointment. First, it must be said at the outset that the Democratic Right Party, which emerged from the ranks of the party in power, is represented in parliament and claims to represent the true Albanian right, has remained outside this League. Also outside it is the association «Property with Justice», which over these 3–4 years of transition has represented the interests of former owners in the country’s political life. There are also other right-wing forces, such as the Albanian Right Party, with no political weight, which, oddly, has not agreed to join this organization. But the essential issue is the contradictions among the forces participating in this League, which, according to the Declaration, has many ambitions for the future. The Declaration states that «none of the parties may enter into… (Continued on page 2)

FISHERMEN IN A DIFFICULT SITUATION

- Fishermen call on the Government to take immediate measures - - The increase in the price of diesel has weighed heavily on fishermen, following the decline in the operation of the boats and fishing, which depend solely on this fuel. These boats require large quantities of diesel. In just 48 hours at sea, fishermen use 4,800 liters. Since buying diesel in Albania was unaffordable, fishermen were forced to buy it in Italy at much lower prices. Through exporting fish, fishermen also bought and imported the materials and equipment they needed to carry out… (Continued on page 2)

BUT THE RINAS CONTRACT IS “FLYING AWAY”

- Preparations are under way to request termination of the agreement with the German firm “Siemens” - - Ministers change, preferences change. - The ceiling had been $30 million, but $33 million has been submitted. Why add $3 million?! Two years ago, the Albtransport Directorate announced a tender for the construction of Albtransport of Rinas. As was also covered in the press at the time, the German company “Siemens” won the competition, leaving the Italian “Albania” furious, as it had offered to carry out the work for 10 million marks less. This selection, made by a Council of Ministers decision dated December 6, 1994, led to dissatisfaction and suspicions, to the point that the Italian consortium threatened to sue in an international court. Nevertheless, like every controversy, this one too died down—especially here, where strange things happen every day and seem normal. The truth is that even now, more than a year later, when the work should have been well advanced, it has not even begun. When we asked the Albtransport Directorate when the reconstruction might be inaugurated, we were met with silence. In fact, they are reluctant to say that this contract, too, is on the verge of being terminated. The Ministries of Finance and Transport state this without reservation. Specialists from these ministries, acting on instructions from above, have prepa… (Continued on page 2)

A playground and the psychology of destruction

Vlora The reform program has not spared even the playground. It was one of the most beautiful and functional. Built in the middle of the city in the late ’90s, it was equipped with every kind of moving and educational play equipment: a large carousel, an amphitheater, sports games, and so on. It was extremely attractive and very popular with children and their parents, especially on Sundays. Hundreds of preschool-age children gathered on its grounds to play and have fun. Now this playground has been completely destroyed. Only a few relics remain, making it difficult to imagine what this place of play once looked like. It is even difficult to calculate the financial damage caused, for which nobody is held responsible. And that is without even counting the psychological and educational damage, which is even greater. This is the odyssey of the playground: the property passed from hand to hand. From the Repair and Services Enterprise, it came under the jurisdiction of the Youth Federation and then, demos, into the hands of… (Continued on page 3)

The Mborje Drenovë Mine on the Verge of Bankruptcy

KORÇË - It once had 1,600 workers; today, around 350. Annual production was once 500,000 tons of coal; last year it produced less than 30,000. Apparently, the complete paralysis of the coal-extraction industry was one of the main points in the Meksi government’s program. The example of the mines in the Korçë basin is highly persuasive. The mines in the Lozhan basin once employed around 3,000 workers; today they retain only 150 people in maintenance. The Mborje Drenovë mine is experiencing its final throes. It has been exploited since before Liberation, and expanded considerably over the past five decades, with production reaching up to 500,000 tons a year. The number of workers here has been drastically reduced: only 350 remain, down from 1,600. Various underground specialists, “now employed in the assistance offices,” say that a true act of vandalism is taking place at this mine, known for producing coal with a very high calorific value, and that it will be extremely difficult to repair the damage in the future. Almost everything has been destroyed; electrical safety equipment and underground equipment have been stolen. The gas-explosion protection system has also reached this state. The party reform has contributed significantly to this situation. Many employees were openly summoned by its director, Klement Miho, and told to their faces that they had to leave because of their biographies. Not long ago, the shadow of the biography spared neither the mine’s intellectual staff. All the shift supervisors, engineers with university degrees, have been replaced by ordinary new employees. The same method has been used in the warehouses. But what makes this mine’s future even more dramatic is the constant decline in production: so much so that the remaining workers are now being paid by manipulating the funds allocated by the ministry for preserving the shafts in the second field, although, according to specialists, in reality no work is being done for its benefit. Thus, no effort is being made for the prospects and survival of the famous Mborje-Drenovë mine. Its levels are increasingly at risk of being flooded by underground water breaking through…

CLOSE TO A SENSATION WHERE DID 20 BILLION DOLLARS GO?

CLOSE TO A SENSATION: WHERE DID 20 BILLION DOLLARS GO? Bashkim Kopliku, former Deputy Prime Minister of Albania, at the latest national council of PDSH, speaking about the privatizations carried out during 1994, also mentions this fact: «During ’94, 2,500 enterprises were privatized, valued at around 20 billion dollars» (see «RD», February 1995, page 3, last paragraph of the first column). A beginner’s calculation shows that if the stated figure (20 billion dollars) is divided by the population of the whole country, every Albanian—including one born yesterday—should have received around 6,000 dollars in cash. Mr. Kopliku must surely be entirely credible regarding the figure he gives, since nobody knows better than he does the value of the enterprises privatized not only in ’94 but also before and afterward. For ordinary people, who have not received even 6 (let alone 6,000) dollars from their share of privatization, the question is: Where did these 20 billion dollars go, the proceeds from the privatization of the 2,500 enterprises cited by Mr. Kopliku? A. A.