At the meeting of the Legal Affairs Committee of the Council of Europe - ... guarantees for an independent judiciary, a modern constitution. - On 6 November, people will express their view on the government’s work. At the meeting of the Legal Affairs Committee of the Council of Europe KOLUMBERG: We have sought an appropriate solution to the NANO case - ... guarantees for an independent judiciary, a modern constitution. - On 6 November, people will express their view on the government’s work. I met Mr. Dumeni Kolumberg, the Council of Europe rapporteur, on Monday in one of the halls of the Western European Union in Paris, where the meeting of the Council of Europe’s Committee on Legal Affairs and Human Rights was held. As you know, dear readers, one of the items on the agenda of this meeting, which was also attended by Mr. Ali Spahia, was consideration of Albania’s application for admission to the Council of Europe. Despite his limited time, as he was due to leave for Switzerland immediately after the meeting, Mr. Kolumberg kindly agreed to give an interview to our newspaper. A. Kristo: - The Albanian press has written that Albania will be admitted to the Council of Europe on 29 June. Is that true? D. Kohumberg: - I hope this will be possible as soon as possible. We, the Committee on Legal Affairs and Human Rights, have discussed it three or four times, prepared the relevant documentation, and in principle we agree. The Committee on Political Affairs has likewise given its support. Only a few minor questions remain, which we want to put to the Albanian Parliament. - What are these? - We want to obtain assurances on several matters, the main one being, I believe, the independence of the judiciary. It is very important to us to have guarantees that the principles of justice, the foremost of which is independence, are fully respected. We believe the Albanian authorities will understand our concern and will try to resolve this problem, so that human rights and judicial independence are fully respected. - Are you aware that members of the Albanian Democratic Party have called for the replacement of three members of the Court of Cassation? What can you say about such a move? - Before judging, we must base our judgment on facts. Therefore, we will clarify these two matters. We will contact the Albanian President to obtain official information concerning this issue. We want to clarify this problem as soon as possible, as it seems serious to us. - In general, Mr. Kolumberg, what do you think about democracy in Albania compared with other countries of Eastern Europe? Is it moving in the right direction? - First, I would say that the starting point must be taken into consideration. In Albania, the situation in the field of democracy and human rights was a total catastrophe, worse than in all the other countries. And when you start from zero, it is always very difficult to reach European standards. The other countries had at least some tradition in the field of democracy. So, from this point of view, we must acknowledge and appreciate the fact that Albania has made considerable progress, but nevertheless we are not yet at the democratic stage we would like to see. - In your opinion, what are the weak points of Albanian democracy? - The main problem, as I said above, is a better separation of state power from the judiciary and judges, as well as state oversight of the judiciary. Another problem is ending the privileges granted so far and reviewing the sentences that have been handed down. The Constitution also remains a problem. It would be good to have a new constitution as soon as possible. This is not merely a necessary condition for admission to the Council of Europe; I also stress that a modern Constitution is necessary for Albania. - Albania’s political situation, as you may have heard, is very tense. There are court cases every day, parties fighting one another, and a very high degree of political polarization. Why is this happening? - I think the reason is a lack of political experience. Here, unlike in other countries, people do not seem to talk about political compromise or finding solutions acceptable to all sides. One person says “yes” to an issue and the other, in opposition, always says “no,” and vice versa. A middle ground has never been found. - What conclusions have you drawn from the trial against Fatos Nano? - We have familiarized ourselves with the investigations and the work of the “Inter-Parliamentary Union,” particularly during the visit of Zhozë Mazjeri, who did satisfactory work in this regard. Now that we have a new Criminal Code, it is possible to find an appropriate solution for Fatos Nano. - Our press has written that Albania promised you it would review Fatos Nano’s position after the provisions of the new Criminal Code were approved. Is that true? - Not in writing, but we have discussed the possibility of pardoning Fatos Nano. We have also suggested to your representative that such an issue be discussed after the Criminal Code is approved. - Whom have you spoken with? - With President Berisha, as well as with Albania’s representative to the Council of Europe. - Have you been in contact with Fatos Nano? - Fatos Nano wrote to me. I received his letter 10 days ago. - What are these proposals, specifically? - A review of the case and the finding of an appropriate solution by the relevant Albanian authorities after the Criminal Code is approved, in light of its new provisions. There is also the possibility of a pardon by the president. But, in my view, it should be a pardon that does not prevent him from further participation in the country’s political life. - Do you believe this could happen soon? - It is not for me to decide. This is in the hands of the Albanian side. - What do you think about the trial against Fatos Nano? - We have familiarized ourselves with the investigations and the work of the “Inter-Parliamentary Union,” particularly during the visit of Zhozë Mazjeri, who did satisfactory work in this regard. Now that we have a new Criminal Code, it is possible to find an appropriate solution for Fatos Nano. - Our press has written that Albania promised you it would review Fatos Nano’s position after the provisions of the new Criminal Code were approved. Is that true? - Not in writing, but we have discussed the possibility of pardoning Fatos Nano. We have also suggested to your representative that such an issue be discussed after the Criminal Code is approved. - Whom have you spoken with? - With President Berisha, as well as with Albania’s representative to the Council of Europe. - Have you been in contact with Fatos Nano? - Fatos Nano wrote to me. I received his letter 10 days ago. M. K. FROM PARIS: ARTAN KRISTO (Reprinted from the newspaper “Intervista”)

Paradoxes of privatization We all saw President Berisha on television in recent days, making several lightning visits to different districts of the country, where he tried to demonstrate in practice that what he says at press conferences is not empty talk, but something concrete, tangible, visible and accomplished. No one denies that Albania is working and striving, or that it has achieved results. No one disputes that we are better off than in ’39, ’50 or ’80. The point is that, even before the election campaign has begun, Berisha is campaigning for the DP, as if to show that it is a party of unstoppable success. The truth is not quite like that. In one case, which we will examine below, we will show that if Berisha is not himself involved in corruption—and “we are sincerely distressed” by that belief—there is no reason for him to use the authority of the head of state to bless the corruption that continues to flourish in Albania. Let us return to the subject, and first write about Berisha’s visits to the districts. Let us stop at his visit to Sukth, specifically to a millet factory. Everyone knows what Sukth used to be. It was a large agricultural farm, well known in Albania. Sukth was privatized too. So far, so good. But what was the privatization process like, and how well were the rules of the government decision implemented under which the country’s most valuable property was put up for auction? We believe President Berisha should have asked, or his advisers should have informed him about the situation in Sukth and the privatization process (as well as the amount of property destroyed and the responsibility for it). Why do we say this? In 1903, it was announced that the building—the former warehouses of the vegetable section in the municipality of Sukth—would also be put up for auction. The relevant document is in the offices of the local privatization agency. Was there a legal basis for it? Let us see: apparently there was. Under the law, this is questionable. As if that were not enough, an order from above, bearing the signature of the agriculture minister of the time (Kalakula), annulled and canceled the auction for this property. What does this mean? It means that hay barns, warehouses, a mill, a car wash and offices, along with a plot of land measuring 3,530 square meters, were sold to two people for 12 million old lekë. The buyers were Mr. Xhemal Zajdi and Shyqyri Neziri, Albanians from Kosovo. When you consider that this combined amount could have bought only a room and a kitchen, without wanting to accuse anyone, we can say that we are faced with a clear act of corruption. In this way, the former employees of the farm were deprived of the right to become owners of this property, in the heart of Sukth’s land. Thus, the rules were overridden from above by decisions that also came from above, and this opened the way to corruption. Although the workers of this now-privatized section openly challenged this illegal act, no one paid them any attention or supported their legitimate claim. The two Albanians from Kosovo named their company Agroindustria. On this basis they built a flour mill and a bakery, which, to be fair, must be said to be quite successful. How could they not be? With a 50-year investment behind it, buildings erected through hard work, and land that any farmer would covet, naturally even a simple flour mill prospers. Mr. Berisha also came to illuminate this success and “congratulate” them. We believe he had no opportunity to learn about the privatization procedure for this property. We emphasize this because we do not want to believe that everything being built in Albania is founded on corruption. No, there are also proper actions, but in this case, Mr. President, we can say: If you cannot fight corruption, at least do not bless it!

Observation from Gjirokastra It happened on Friday evening: a police operation following the one in Valare and Gjirokastër, except that this time there was a change—a newly appointed police-station chief. The “prey” of the operation were two Socialists who are not party activists and are working people; one is 60 and the other 52. Cars with sirens, police officers and plainclothes officers rushed out on Saturday afternoon. In Dervican, Sokrat Paca, a member of the PS and of the village council of elders, who kept the keys to the cultural center after its employee had abandoned it but did not administer it, was taken away and brought before the library, where there were also books by Enver Hoxha. That was enough: “You’re an Enverist—get in the car.” He was “taken to the police station, where he was held all night.” According to Maluqi, chairman of the Socialist Party organization in the village, he went to his friend’s house. They searched it, but the police found none of the evidence they were looking for. All this was also confirmed at the police station. The village Socialist chairman agreed and went to take his place. But there he was told, without being allowed to speak: “Stop doing those things; what’s the point? We want what’s best for you; you know, wait and we’ll tell you, we’ll talk about what’s best for you.” After midnight, the second detainee was released and dumped on the road in Gjirokastër. That is what happened. But the thought police have been more unsuccessful than at any other time. TH. DINO

Note from Durrës The sight of large crowds gathering in the early morning hours in front of Savings Bank branches in the city of Durrës has become entirely commonplace. Hundreds of pensioners stand in long queues for hours to collect the securities, the “gift” granted by the government, supposedly to “come to the aid” of this social group. Living in a completely dire economic situation, stripped of every kind of privilege and receiving a laughably low pension, pensioners are now being offered by the democratic state the possibility of a small economic “relief.” Under the law, each person is entitled to withdraw from the bank branch privatization bonds on five consecutive occasions, each worth 200,000 old lekë. But in addition, every pensioner is required to pay a fee of 500 lekë for each security. Thus, a total of 2,500 lekë is taken from their pockets. If we refer to statistics on the total number of pensioners in Albania (around 500,000 people), about 12 million and 500 thousand lekë flow into the state budget from the collection of fees for purchasing privatization bonds alone. Thus, under the conditions of a market economy, the state has managed to find a way to profit even from this social group, which is currently the poorest. But what do these papers “guarantee” us? Not even a law guarantees their purchase and sale. The state gives no guarantee for them. Despite all the evasion and misapplication that have taken place, the president has ... Albanian citizens with money. Their devaluation on the foreign-exchange market continues to grow. The establishment of joint-stock companies, which state propaganda talks about, is completely impossible even if 100 pensioners join together to create one. MIKELA NDINI

Two children robbed and shut away, together with about 20,000 lekë more, in a shack on the outskirts of Tirana. To be ... And the President calmly continues his visits through Albania’s districts to convince people that he really is a productive politician. His “production” license is always ready, as happens with the law and the 16th, Independence Day and a press conference, and then another press conference; he also speaks of a stabilized country. Albanian television is ... we can still hear the ... in the shack where the children have been locked up, in the police shack. A prosecutor who is for the Kanaguni and is fed up with the words “Presidency! Let them snatch the children, let them sell them, let them kill them.” Order is stable. Berisha has moved into the new house. Pelë Martin is building his villa too. Meanwhile, you have forgotten the President’s saying: «Vajdi një pikë është me prodhues...» M. K.

1. Want a customs job? — Set up a Party branch Even some former, longtime PD activists seem tired. But the party finds a remedy wherever there is strength to keep them fresh. “Want a customs job? In Kavajë?” it tells them: “Organize a Party branch.” “You have to join the party to get jobs and property; otherwise, you get nothing,” they tell the unemployed young people. “Look, they told me I’d get a job at customs, but first I have to set up a good Party branch.” Although they have their doubts, they agree. But where should they meet? At Perifondunje, in a Socialist’s club, known everywhere as such. A self-appointed initiator and branch chairman! “What about the rest of us?” “Always in the districts. In turn.” “Hey, are we so naïve as to make that man the customs chief?” 2. Elections in K'nsamil Night. The sea laps at the scabbed earth and a moon tries to bring them together. Its 2,000 families, more than 5,000 people; some children stay on the shore, while someone else is still gathering olive and lemon wood. So as not to be noticed or recognized, all the PD people move about in the darkness between 10 and 10:30 and do not know where to go. They decide to gather outside, to hold the party elections in the open air. So they begin the meeting and the election. And they decide: they dismiss the branch chairman, a university graduate, and replace him with another who has an eight-year education. Like everyone else, they disperse again, trying to hide even from the moon. VËLLAU OPOZITAR