09/04/1995
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Zëri i Popullit

9 April 1995

A review of the entire trial is sought

RESOLUTION of the Inter-Parliamentary Council on the Nano Case Inter-Parliamentary Council: — Referring to the Summary of the Case included in its Report (CL-156-11 (a) - R-1) and the Resolution adopted at its 155th Session (September 1994) concerning the Case of Mr. Fatos Nano of Albania; — having examined the Report of the mission of the Committee on the Human Rights of Parliamentarians of the Inter-Parliamentary Union in Albania concerning the Nano Case, — having also examined the observations and comments made by the authorities and one of Zolt Nano’s lawyers concerning the mission’s Report, and the observations made by the other party; — Taking into consideration the additional information provided by the Chairman of the Albanian Delegation to the Inter-Parliamentary Union at the hearing held during the 93rd Conference of the Inter-Parliamentary Union (IPU) (1995), where he expressed regret that the mission had not had sufficient time to study the court file and meet the judges who had dealt with the Nano Case. — Also taking into consideration the additional information provided by the Source at the hearing held on the same case; — Welcoming the fact that the mission, composed of Ms Josi Meier, Chair of the IPU Committee on the Human Rights of Parliamentarians, and Professor Joseph Voyame, accompanied by the Committee’s secretary, was able to visit Albania from 19 to 22 December 1994, meet many prominent people as well as Mr Nano in prison, and speak with his lawyers and family. — Bearing in mind that Mr Nano, Prime Minister of the Republic of Albania from 25 February to 4 June 1991, was arrested on 30 July 1993 on charges of major transport-related offenses as well as failing to deliver approximately 2–3 of the aid provided, that Mr Nano is also being held criminally responsible for shortcomings in the delivery and distribution of aid after his resignation as Prime Minister, and that the Court describes his crime in this regard as continuing in nature; — However, bearing in mind that, according to the Court’s own decision, the company «Leva-nto CO» was selected by order of former President Ramiz Alia; — Also bearing in mind that the Source claims that Mr Nano’s right to a fair trial was violated, particularly because of the prosecution’s prejudgment of the case, that Mr Nano’s right to inspect the investigation file was not respected, that he was denied the right to present witnesses and evidence, and that important documents are missing in several instances; — Bearing in mind that the Prosecutor General, who headed the Investigative Group for the Nano Case, has stated that in particular cases the Prosecution has the right to keep secret documents it does not consider important; — Also taking into consideration that, according to the authorities, investigations into Italian aid to Albania are under way in Italy against Xhuzepe Pernioles, Director of «Levante CO», and other Italian officials; however, according to the Source, the investigations against Pernioles have been discontinued, and the other persons mentioned by the authorities are accused of other corruption-related matters (bribes); further taking into consideration that, according to Mr Nano’s lawyers, the investigations into Italian aid to Albania conducted in Italy have revealed no facts whatsoever implicating Mr Nano in them; — Bearing in mind that Mr Nano is now serving his sentence in the High Security Prison and [unclear] days in February 1995, so that he now has 5 years of imprisonment left to serve; — Bearing in mind that, according to the Chairman of the Albanian delegation to the IPU, the new Penal Code and the new Code of Criminal Procedure have recently been adopted, and that the latter, in certain circumstances, provides for the possibility of reviewing a trial, and that the Nano Case may fall under this provision, and therefore his case may be reconsidered; THE COUNCIL: 1. — Thanks the Albanian authorities for the assistance and support they provided to the Committee throughout this mission; 2. — Takes note with interest of the observations of Parliamentarians, fully agrees with its reasoning and endorses its conclusions; 3. — Is concerned and surprised that, despite the assurances given to the mission that Mr Nano would be allowed under the law to meet with his lawyers, even after sentencing, provided that he or his lawyers submitted a prior written request, in the latter case Mr Nano’s lawyers were not allowed to enter Tepelena Prison, although a request had been submitted in advance; 4. — Wishes to emphasize that the Committee can in no way act as a judicial appeals body, and that it is impossible for it to study the entire court file, consisting of thousands of pages, and reach a substantive conclusion; its sole task in this case is to ensure that recognized international principles are applied; 5. — Takes note of the adoption of the new Penal Code and the Code of Criminal Procedure— ... have ceased to operate and ... the authorities mentioned are accused of other corruption offences (bribes), uncovered no evidence whatsoever of Mr Nano’s involvement in it; — sentence in the High-Security Prison in Tepelenë, and that the delegation was assured that, under Law 7827, Mr Nano has the right to meet with his lawyers after sentencing, provided that he or his lawyers submit a written request in advance for that purpose; — Bearing also in mind that, according to the source, following the UNP mission’s visit, Mr Nano was able to meet with his lawyers once, in December 1994, but that on another occasion, despite a written request submitted in advance, his lawyers were made to wait for several hours after arriving at Tepelenë Prison and were ultimately not allowed to meet their client; — Bearing in mind that Mr Nano has benefited twice from sentence reductions unrelated to the circumstances of his case, the reduction ... ... can in no way act as an international court of justice, entire judicial file, consisting of thousands of pages, and reach a conclusion on the merits; its sole task in this case is to ensure the application of recognised international principles: 5. — Notes with approval the adoption of the Criminal Code and the Code of Criminal Procedure, which provide for the right to review a judicial process in certain circumstances, and notes with satisfaction that, according to the Head of the Albanian Delegation to the UNP, the Nano Case may also fall under that provision; 6. — Calls on the Albanian authorities to consider with the utmost seriousness the Committee’s recommendation to review the Nano Case; 7. — Calls on the Secretary-General of the UNP to convey these considerations to the Albanian authorities; 8. — Calls on the Committee on the Human Rights of Parliamentarians to continue examining this case and to report to the Council at its next Session (October 1995).

From Comrade Servet Pëllumbi’s meetings in Berat

. Servet Pëllumbi declares: The country is on the eve of elections. We are not asking for an election date, because every deadline has already passed. Ilir Meta declares: Our opponents say that if the Socialist Party wins two-thirds, there will be destabilization. The Democratic Party’s misfortune did not come from winning 62 percent, but from abusing political trust. We cannot evade the political trust the electorate will place in us. At the Socialist Party district assembly in Berat, they discussed strengthening the political and organizational work of the SP and its structures, their functioning and increasing the effectiveness of the committees’ work, the many economic concerns of the electorate, and the responsibility that central and local state bodies should bear. The report of the executive and the participants’ discussions highlighted the fact that the SP is increasingly moving toward consolidating its structures and strengthening its electorate. Today, 157 SP organizations operate in Berat, with 4,100 members. FRESH and FGS are playing an increasingly prominent part in the district’s political life. Comrades Servet Pëllumbi and Ilir Meta, deputy chairmen of the Socialist Party of Albania, attended the assembly. Assessing the assembly’s proceedings, Comrade Servet Pëllumbi focused on the fact that the SP enjoys strong electoral support throughout Albania because it has consistently been at the forefront of the electorate’s problems and concerns; the SP has conducted sociological surveys, but meetings with the people are more fruitful tests. Comrade Servet spoke about the content of the SP’s program, its theoretical social basis, and its governing abilities. In response to participants’ questions, he explained the need for every organization to conduct electoral testing in the area where it operates; to increase women comrades’ representation in the Party’s and SP’s governing structures; and to promote the structures that the SP should establish, without treating structural divisions as absolute, since it is the program and political aims that determine [cut off] by relying on a party’s structure. Comrade Servet then addressed the complaints Berisha and the PD leadership make against the SP. He went on to emphasize that the era of personal rule in Albania is over. Berisha preserves the past through his own dreams. The people have received and clearly understand the messages of democracy. When we come to power, we will govern honestly and well, gradually and step by step resolving the most urgent problems. Regarding the Nano case, Comrade Servet Pëllumbi stressed that without Fatos Nano’s release the situation will not be unblocked and Albania’s image abroad will not improve. Comrade Ilir Meta discussed the need to enhance the role of the committees established within the Socialist Party, emphasizing the use of the district’s intellectual potential and the practical implementation of the Party’s local objectives. Turning to the mistakes of the PD government, Meta discussed the SP’s agricultural policy and the issue of reactivating industry. He explained that the SP would not be radical or vengeful when it came to power, but would make corrections in cases of speculative privatization, etc. The prerequisite for making corrections should depend on the weight the SP will have in the next Parliament. We must win every vote that belongs to us, and we seek to establish political and legislative stability. Our opponents say that if the SP wins more than two-thirds, we will destabilize things. A party’s misfortune does not come from receiving many votes from the electorate, but from abusing trust, he emphasized. We cannot evade it. (Continued from page 2)

Activities of the Committee on the Human Rights of Parliamentarians of the World Inter-Parliamentary Union during its 69th Session in Madrid (26–30 March 1995)

— The Committee was informed of the steps taken by the Secretary General of the Inter-Parliamentary Union to implement the Confidential Decisions adopted by the Committee at its 67th and 68th Sessions (September 1994 in Copenhagen and January 1995 in Geneva), as well as the Resolutions adopted by the Inter-Parliamentary Council at its 155th Session in Copenhagen in September 1994. — The Committee then examined the publicly available information forwarded by National Groups and some of their members concerning the steps taken following the Council’s Resolutions, a summary of which is provided in Section II. The Committee asks the Secretary General to schedule follow-up with all the national groups concerning its activities and to provide objective support through alternatives aimed at safeguarding satisfactory legal standards in the cases brought to the attention of the Inter-Parliamentary Council. — During the past two sessions, the Committee examined the individual situations of 136 parliamentarians (current and former parliamentarians) from 23 countries, from all regions of the world, while the cases of 43 other parliamentarians were examined for the first time; meanwhile, the cases of 4 parliamentarians were closed. — The Committee was given detailed information about the missions that visited Albania and Turkey, both with the aim of obtaining the most detailed information from the competent authorities as well as from the members of parliament concerned and their lawyers regarding the respective cases. In Albania, the mission took place from 19 to 22 December 1994, led by Ms Josi Meier, Chair of the Committee, and Professor Joseph Voyame, accompanied by the Committee’s secretary. The mission to Turkey took place from 4 to 7 January 1995, led by Ms Josi Meier and Professor Thomas Fleine, accompanied by the Committee’s secretary. At its 69th Session, the Committee heard Josi Meier’s written report on the mission to Turkey, while at the 69th Session it heard the written report on the mission to Turkey. In accordance with established practice, the report was sent to the relevant authorities; — Document CL-156-II(a) R. 2 contains the mission’s written report, together with the comments and observations submitted by the Albanian authorities and Mr Nano’s lawyers. Document CL-156-II(a) R.3 contains the report of the mission to Turkey, together with the observations of the Turkish National Group. — In accordance with the procedures for adversarial proceedings and the practices established for this purpose, the Committee examined the situation of each parliamentarian in light of the following documentation: (i) Replies submitted by the authorities of the country concerned: (a) following the request made by the Inter-Parliamentary Council in accordance with the public Resolutions; (b) following the Committee’s requests for the implementation of Confidential Decisions; (c) following requests from the General Secretariat in the context of the preliminary examination of cases; (II) Allegations and information submitted by the Committee’s sources; (III) Information submitted by some National Groups concerning follow-up to the Resolutions of the Inter-Parliamentary Union Council; publicly available information referred to in Section II of this Report; and confidential information taken into account, where appropriate, in reports on specific cases. — In accordance with established practices, the Committee held hearings attended by delegations from countries whose cases it is currently examining. It therefore held 6 hearings during its 69th Session. (Continued on page 6) accompanied by the Committee’s secretary, were able to visit Albania from 19–22 December 1994, meet many prominent figures his lawyers and family. — was arrested on 30 July 1993 on charges of abuse of office and falsification of official documents in connection with the emergency aid that Italy delivered to Albania in 1991; that on 3 April 1994 he was sentenced to 12 years’ imprisonment for “misappropriation of state property in favour of a third party” and “falsification of official documents”; and that this judgment became final on 28 July 1994, when it was upheld by the Court of Cassation, the highest instance of the Albanian judicial system; — Bearing also in mind that Mr Nano was convicted because he appointed the company Levan-CO as the supplier of Italian aid to Albania, thereby obstructing the tender in Italy, and because he failed to prevent the company in question from engaging in unlawful practices, such as setting higher prices for food products and paying ...

Salary, honorarium, remuneration for President Mr Dylber Vrioni?! Yes or No?!

Mystery surrounding Mr Vrioni’s income from the Italo-Albanian Bank — The Statute of the Italo-Albanian Bank: “the election of the President and the number of members of the Board of Auditors, as well as the determination of their salaries: ‘the highest remuneration for the President and the delegated administrator...’” — “Zëri i popullit” publicly asks the Italo-Albanian Bank: Does President Dylber Vrioni receive a SALARY, HONORARIUM, REMUNERATION or not? — The mystery surrounding the income of Albania’s Deputy Prime Minister and Minister of Finance, Mr Dylber Vrioni, remains unknown to the public. It all stems from a double [unclear] for Albania’s finance chief; since December 1994, the Italo-Albanian Bank has been “twinned” with Albanian financiers, while [cut off]... (Continued on page 2)

BRIEFLY FROM THE COUNTRY

Lawyers left without offices Since yesterday, the lawyers of Shkodër no longer have offices. They were forced to vacate the offices they had on the court’s first floor after a two-year dispute between them and the court in question. The court claims that it has nowhere to accommodate the judges, so the lawyers were forced out. The lawyers are now left to carry out their work in the city’s cafés.

In three months—only 5,000 lekë in fines

Just 5 fines, amounting to 5,000 lekë, were the “penalties” imposed by inspectors from the hygiene directorate in Elbasan during the first quarter of the year. These figures do not allow one to say that Elbasan has solved its hygiene problem. Environmental pollution, rubbish, expired food, etc., are seen every day by citizens, just as they are seen by the inspectors-citizens.

At the mercy of fate

Behind the monument, in the historic Flag Square, the great wall surrounding the ancient city of Aulona was discovered years ago. One of the objects that indisputably attests to the antiquity of the city of Vlorë. Now it has been left at the mercy of fate. The site has been turned into a massive dump, where the rubbish of ... is thrown.

No investment in irrigation

The water-management enterprise in the Dumre area of the district of Elbasan has been out of operation for some time. The irrigation season is approaching, while no investment has been made in the irrigation canals serving any of the villages. It seems that this year, too, the Dumre area will have to pin its hopes on God ... This makes no sense because ...

Mystery surrounding Mr Vrioni’s income from the Italo-Albanian Bank