Albania is being pushed toward elections in a state of tension. A contradiction in Albanian political life has become clearly evident: the demand for the consolidation of democratic institutions and the genuine establishment of the rule of law is being stoked by policies of division and revenge, of insults, and by efforts to sever every connection and bridge linking the government and the opposition. This policy is inspired, constructed and implemented through uncivilized and, in many cases, anti-democratic political and social mentalities. They are a strange amalgam in which one finds modern democratic and political ideas, but also the mentalities of the tribe, the strongman, the Kanun, the power of the tribal chiefs and the paterfamilias, as well as left-wing concepts of the state, society and working with people, such as “militancy,” “working face to face with people,” “devotion,” “commitment,” “dialectics,” etc. These mentalities and concepts are plentiful not only in the President’s words, but also in the discussions of the heads of state, parliament and the DP. We cannot proceed on the assumption that simply because democratic institutions have been established, everything is fine. What is essential is to see how and whether they function as democratic institutions. Of particular importance, however, is how people regard them, because democratic and state institutions are always what people imagine them to be, and how they value and respect them—or do not. The main message conveyed by the latest DP gathering was clear and unequivocal: No dialogue between government and opposition. The DP alone. No one should attempt dialogue; wage a struggle against the opposition, which risks winning the next parliamentary elections. This message was conveyed alongside “optimism” directed at DP members and supporters, and was built around “concern” for Albanian democracy and the need to fight the threat of Communism. The way the results were presented, together with the fear and palpable alarm about a possible victory for the Socialist opposition, can only defeat any kind of optimism and destroy hopes of another DP victory in the next parliamentary elections. Optimism cannot be sustained or nurtured when fear and alarm lie behind it. From now on, social and political life in Albania cannot be dominated either by old mentalities about the state and political revenge, or by anyone’s delusions about remaining in power against the will of the overwhelming majority of the people. On November 6, Albanians showed determination and political maturity in defending democracy and creating and widening real opportunities for the free expression of political will among the competing democratic alternatives put forward by political parties. The messages sent by the Albanian people on November 6, it seems, have either not been properly understood, or some people do not like them, or they cannot break away from old mentalities about the state and politics and continue with rusty mentalities that trample on the will of the majority. These mentalities carry their own evidence within them, but they do not remain confined to themselves and have a clear impact on political life. Today, real progress in society and democracy in Albania is served not by promoting a politics of insults and attacks against the opposition, and especially against its largest party, the Socialist Party; not by declaring a new phase of class struggle and defining organizational measures to carry it out; and not by declaring a war against shadows. Rather, progress is served by making room for free thought, social and historical responsibility, democratic competition between alternatives, and dialogue between government and opposition. The politics of insults recently unveiled has, unfortunately, said “No” to dialogue between government and opposition. This message was conveyed by the head of state, the head of the executive, the head of parliament, and the person entrusted with representing the DP’s collective leadership.

YESTERDAY IN PARLIAMENT The New Penal Code, Launched at the Last Minute The draft law “On the entry into force of Law No. 7895, dated 27.1.1995, ‘On the Penal Code of the Republic of Albania’” kept yesterday’s plenary session of the People’s Assembly tense. Only 24 hours before this law was due to enter into force, the way was cleared for the legal implementation of the New Penal Code, although putting it into practice will probably take a few more days. The need to approve such a law was established when the new Penal Code was adopted, specifically in its final provision, which required that a separate law definitively specify the legal acts to be repealed and the manner in which the New Penal Code would enter into force. Speaking on behalf of the PS parliamentary group, deputy Abdiu stressed that its approval was essential, as it followed from the adoption of the New Penal Code. Its final provision states: “The legal acts to be repealed, their effects and the manner of entry into force shall be determined by a separate law.” Emphasizing that the bill had arrived late, he said that its submission only days before the New Penal Code entered into force demonstrated that the government, which had been assigned this task in January, had seriously neglected its completion. As a result, Parliament was forced to work at an accelerated pace, which did not rule out the possibility of errors, he said. Deputy Abdiu also underscored another problem: citizens and the institutions responsible for implementing the law were unfamiliar with it. He also drew attention to the negligent stance of the Meksi government in failing to prepare and submit for consideration and approval, before this date, the draft new Military Penal Code and the law on Military Secrecy, which would make it possible to implement the newly approved Code rigorously. Criticism was also directed at the Presidium of the Assembly and the government because two different drafts dealing with the same issue had been sent to Parliament within just three days. The other PS deputies Përpaliu, Caka and Metani also expressed views on specific issues in the bill and raised concerns about its practical implementation. So, the New Penal Code comes into operation today, but will it be applied in practice? It is unlikely that those who are sentenced today will walk out of prison because they benefit from the Code’s new provisions. There will be practical difficulties, because today bodies such as the prosecutor’s office, the prison administration, etc., will not yet have the necessary documentation, files and sentencing procedures available under the newly approved law for those serving sentences who qualify under the articles of the New Penal Code. At yesterday’s session, deputies also discussed and approved the draft law on food, whose articles were amended in several respects. Koreshi, “Zëri i Popullit”

The 46th session of the so-called “ARSIDI” trial began yesterday Tartari asks for Andi Çeliku to be removed from the trial panel Yesterday at 11:30 a.m., the marathon hearing in the trial now widely discussed and dubbed the “ARSIDI” case began at the Tirana Court. At the start of yesterday’s hearing, the defendant Agim Tartari spoke and requested that the presiding judge, Mr. Andi Çeliku, be removed from the trial panel. Tartari made this request on the grounds that Mr. Çeliku had shown bias. According to the defendant Tartari, in an interview given to the newspaper “Koha Jonë” some time ago, he had prejudged the social danger posed by Tartari’s act, had refused questions from several witnesses requested by him, etc. Accusing Mr. Çeliku, he said: “Your conduct is not impartial, so I request your removal as a judge.” The trial panel, convened immediately, rejected this request, just as it rejected the defendant Tartari’s other request to place Andi Çeliku’s interview in “Koha Jonë” in the case file as evidence. After this, the defendants’ explanations began. The first of the five to explain the charges against him and then answer questions from the trial panel, as well as from Qeleshi and Gjokutaj and the defendant Hoti, was the defendant Agron Saliu. For eight hours, standing throughout and with one short break afterward, Saliu once again summarized how he had first become acquainted with Arsidi and then the actions that had been carried out, reiterating what had already been said without adding anything new. After his explanations, filled with accusations and references to forgeries, documents, discounting, forged bills of exchange and, above all, what he described as the aim of attracting foreign investors to Albania, whose investments would be channelled through the Albanian Commercial Bank, which had become an independent bank, he spent hours answering questions from the presiding judge, Andi Çeliku, and the defendant Ilir Hoti. (Continued on page 4)

On Sunday, at around 5 p.m., in the Devoll area near the Greek border, a group of bandits blocked the road to refugees who had arrived from Fieri and Elbasan. More than 000 thousand drachmas were forcibly taken from the refugees from Fieri. A group of refugees from Elbasan then suffered the same fate; among them was a woman with a child, whom the bandits tried to abduct. The rapid mobilization of the police forces, working together with the army, made it possible to block the gang. One of the refugees was also reported to have been wounded with a knife during the incident. An investigation into the gang members has begun. M. M.

Meeting of Mr. Gramoz Ruçi with students and lecturers of the Agricultural University of Tirana At one of the PS’s premises, the party’s Secretary General held a discussion lasting about three hours with students and lecturers, members and supporters of the PS, from the Agricultural University of Kamëz, Tirana. Opening the meeting, the chairman of the PS organization for lecturers, Associate Professor, Doctor Rexhep Çuko, outlined some of the party’s areas of work and the results achieved at this University. Taking the floor and responding to the interests of those present, PS Secretary Ruci addressed the issue of the land law, saying that none of the party’s forums had ever questioned it; rather, they had called for its practical implementation. As for the issue of its “liberalization,” he said that it was still under discussion and that they would give their assessment at the appropriate time. In response to a question about securities, he said they were a “trick” devised by the DP for the new elections, since nothing remained of the national wealth. He also shared the concerns of those present about the privatization boards and their actions, noting that even the IMF had raised questions about this activity, since this form of privatization had been used only in our country. In this regard, he added that the PS would seek legal rulings to ensure that every illegal action was dealt with appropriately. Regarding the PS’s position on the arrival of families from the northern regions in Kamëz, Bathore, Bërxullë and Gëcke, he explained that the Socialist Party supported controlled migration without disorder. It supported movement within the standards and capacity of the area, so that it could be planned for the long term, have prospects, and meet appropriate public health and sanitation conditions. Turning to the work of the commissions established by the PS, Gramoz Ruci said that they have two (Continued on page 2)

The failure of state authorities to act is driving toward self-help the conflicts between those who once bought properties from the work-supply enterprise in Shkodër and a family claiming ownership. This is one of those properties. It has happened that more than 20 employees of this enterprise bought various properties, becoming their owners, in accordance with the privatization decision; they number around [?], and some of them are [?] residents. However, immediately after these transactions, a family from Shoshi Dukagjini informed the employees that the properties they had bought stood on my land. Consequently, I do not recognize the law or any decision that sold these properties to you. Thus the disputes keep growing continuously. The workers complain to the local government authorities. They tell them that you have legal title to this property. or any decision that sold these properties to you. (Continued on page 4)

Job security—one of the most important elements in creating an independent judicial system David Treadwell is an American lawyer who has worked as a legal adviser in Albania for the past two months. He received his J.D. cum laude from Harvard University, an M.A.L.D. from the Fletcher School of Law and Diplomacy, and his diploma magna cum laude from Wheaton College. An independent judicial system, separate from the other branches of government, is an element of a free democratic society. The primary function of the judicial system is to protect the rights of the individual. A judge must make decisions based on the fundamental principles of justice established in the constitution and laws of his country. He must not be hindered in his work by personal interests or political pressure. In a modern state, the principal threat to human rights comes from the legislative and executive branches of government. In their zeal to represent the majority, they may ignore the rights of the individual. The role of the judicial system is to protect these rights. However, the judicial system cannot do this unless it is independent of the executive and legislative branches. This is the basis for the principle of separation of powers. Since the protection of human rights depends on an independent judicial system, a free democracy must determine how to ensure this independence. Although many factors are involved, two are the most critical: security of tenure and budgetary control. Security of tenure is perhaps the most important element in creating an independent judicial system. Judges must be sufficiently protected so that they will not lose their jobs merely because they have made a decision contrary to the wishes of another branch of government. This is why, in democratic systems of government, judges are granted life tenure, or at least a long-term term of office. Another reason is that, for example, Albanian constitutional laws provide that judges of the Court of Cassation may be removed from office only if they have committed a serious crime or are mentally ill. The judicial system is intended to keep watch over the executive and legislative branches. Judges are not supposed to intervene in the other branches of government if a decision made against the interests of those branches could result in the judge losing his job. If another branch of government has sufficient power to dismiss a judge whenever it wishes, then the judicial system is paralyzed; it is controlled by that branch of government and can no longer protect human rights against its power. Budgetary independence is also very important. In a democratic society, the legislature controls the expenditure of funds; this is a fundamental principle that ensures tax money is controlled by the people's representatives and used for everyone's benefit. However, when it comes to the judicial system administered by the executive, everything that could prevent a judge from making a neutral and impartial decision must be avoided. If the executive branch controls judicial funds and decisions on hiring court administrative staff, judges may be influenced, perhaps even subconsciously, to make decisions that please the executive. This could cause something to go awry; the courts should be given control over their own finances and decisions concerning administrative personnel. DAVID O. TREADWELL, JR. ESQ.

Interview with the chairman of the Socialist Party FATOS NANO Interview with the chairman of the Socialist Party FATOS NANO In it you will read FATOS NANO’s views on the Socialist Party, the current political situation, foreign policy, the economic situation, corruption, and his present condition and position. This interview was conducted with Fatos Nano at Bënça Prison in Tepelenë by journalists from “Zëri i Popullit”.