DIE IN PARLIAMENT - Ali Spahia, the President’s spokesperson, finally accepts the opposition’s objections concerning violations of constitutional provisions. - Pressure from the authorities of the Council of Europe and the judicial bodies themselves also had a strong influence on this withdrawal. - The socialist opposition sincerely welcomes such positive reactions, which pave the way for true democracy. Yesterday, at the end of the plenary session, something unexpected happened. The Speaker of the Presidium of the Assembly, Mr. Pjetër Arbnori, read a letter from the chairman of the PD parliamentary group, Mr. Ali Spahia, addressed to the Presidium and Parliament, withdrawing the request made some time ago for the dismissal of three judges of the Cassation Court, since this request was in open conflict with the constitutional provisions. That was all. The request was put to a vote (despite Pjetër’s efforts to have it passed without a vote and quietly, during this great Saturday for the PD) and was approved by all the deputies. The aims and strategies were being fulfilled. It would be “the tool” Ali Spahia who would carry out this game of revenge and who, unfortunately for our fragile democracy, would pay for the independence of the courts. Following this situation, the European authorities were also alarmed. Their concern has been particularly acute lately because, as is known, Albania’s admission to the Council of Europe will be discussed on 29 June. Mr. Kolumberg, the Council of Europe rapporteur, said in an interview on this matter: “We want to clarify this issue as soon as possible, because it seems important to us ...” Corrections and other major changes are at stake for the future of democracy. And since the occasion has arisen, it should be said that the Albanian Socialists sincerely welcome such positive reactions, regardless of whether someone may regard them as a defeat for the PD and Berisha. We do not want this corrective step by the PD to have been taken only because Albania’s membership in the Council of Europe is to be discussed on 29 June. But even if it was done only for that reason, there is still something positive about it. Our wish, and that of all Albanians, is for other corrections to be made as well, as required. Mr. Kolumberg, rapporteur of the Council of Europe, important to us.” Another authority, the head of the Council of Europe delegation, Mr. Alfred Gusenbauer, said: “We want them to be chosen in a proper and transparent manner.” Thus, the PD—the party that shouts every day at the top of its lungs about the supposed obstacles the opposition is creating to Albania’s membership of the Council of Europe—has been and remains the primary and ultimate cause of this issue not being resolved in the best interests of the nation and Albania. But it seems that these powerful voices managed to reach the PD and be heard. Since they publicly acknowledged, since they said in their own words (and even in writing) that the requests submitted to Parliament were in open conflict with the constitutional provisions, it means that the Albanian opposition, the judicial bodies themselves, and the Council of Europe finally managed to force Berisha to make a correction. This seems to us a positive reaction, a very welcome one, and a step toward making further... ...who addressed the Presidium and Parliament to withdraw the request previously submitted vote and quietly, during this great [unclear] of Albanian public has been informed about the efforts of the opposition, and especially of the PS parliamentary group, to convince President Berisha, the PD, and its leadership that the motion presented to Parliament to dismiss three members of the Cassation Court constituted a serious violation of the constitutional provisions and a serious breach of the law. On this major issue, which concerns the judicial bodies and democracy in general, the opposition—as always—received nothing but accusations and the most vulgar insults, the most unbelievable slanders, and even the now-familiar declarations: “It will be done as the PD says.” On many issues, the opposition and the PS parliamentary group have insisted that the law and democratic calm prevail, but unfortunately the PD has reacted badly to the opposition’s victories. The disappointment Berisha suffered, for example, in his well-known confrontation with the chairman of the Cassation Court, Mr. Bef Brozi, he hastened to make up for by dismissing three members of the Cassation Court. Only in this way would the balance be upset, would... I can regard it as a loss for the DP and Berisha. We do not wish this corrective step by the DP to be taken solely because Albania’s membership in the Council of Europe is being other corrections to be made as well, as these have been set as the main conditions for joining the CoE. “I think,” said the head of the CoE delegation, “that if Albanian officials are sincere and serious about joining the Council of Europe and the European political system, and if all the conditions are met, a solution can be found within the next three weeks.” One of the conditions has been met. The second condition remains: the final resolution of the “Nano issue.” Will the DP and Mr. Berisha be able to meet this second condition as well? 29 June is both far away and near. The step taken, in deeming the dismissal of three members of the Court of Cassation a violation of constitutional provisions, gives hope that concrete measures will also be taken to secure the release of Fatos Nano. There is still time to reflect. BASHKIM KOÇI

- Order and discipline in prisons must be maintained, but without imposing restrictions beyond what is necessary. - Corporal punishment, confinement in dark cells, and any other cruel and inhuman sanction must be completely prohibited as disciplinary measures. - Prison staff carry out a mission of great social importance. Their example should have a positive influence on prisoners. The Albanian Helsinki Committee has undertaken a special mission to observe the country’s prisons, in the spirit of international conventions and, in particular, the Standard Minimum Rules for the Treatment of Prisoners adopted by the United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held in Geneva in 1955 and approved by the UN Economic and Social Council on 31 July 1957 and 13 May 1977, as well as in accordance with the order of the Minister of Justice of the Republic of Albania dated 05.07.1994, “On the security and education of convicted persons in rehabilitation institutions and prisons.” A few days ago, a group from this Committee conducted observations at five prisons: two in Tirana, one in Kavajë, one in Tepelenë, and one in Lezhë. There is no doubt that, following the overthrow of the totalitarian regime, the treatment of prisoners and prison conditions themselves have changed considerably. But in a democratic country where the rule of law is intended to be established, and where the rights of citizens in general—and also those serving sentences for crimes or criminal offences—are protected, demands for improvement will always continue to grow. A person serving a sentence must be treated humanely, within established rules, with the aim of rehabilitation and later reintegration into democratic society. Thus, humanism in prisons is also an element of democracy. From the above observations, the Albanian Helsinki Committee drew attention to several current conditions that run counter to international conventions and the above-mentioned order of the Minister of Justice. These include: ...the [text unclear], the electrical wiring is unprotected and there is a risk of harmful consequences. 5) Some prisoners complained that their correspondence was being opened, which is contrary to the law and the Minister’s order. 6) In some cases, physical violence has been used against individual prisoners, even by [unclear], in violation of the law, orders, and regulations. 7) The educational and cultural level of the educational staff leaves much to be desired. Some of them have no training. They do not know the psychology and character of the convicted persons and do not behave appropriately in specific cases. 8) Many convicted persons do not know their rights and duties, which has negatively affected the strengthening of order and discipline; they are not sufficiently familiar with the ways and means of lodging complaints. 9) Since many prisoners were notably uncertain about the implementation of the new Penal Code, more qualified clarification is needed, not only on this issue but also on other legal matters. The Albanian Helsinki Committee expresses particular concern for the prisoners at “Bathore” (Kavajë), since conditions are extremely harsh and unacceptable for a regime inspired by democratic principles. Taking into account the particularly severe conditions of confinement at this prison, the AHC proposes its immediate closure and the transfer of the prisoners to more suitable premises. We urge the competent state bodies, and in particular the Ministry of Justice and the General Directorate of Prisons, to take the appropriate measures to eliminate the shortcomings and improve conditions, ensure strict implementation of the laws and the order of the Minister of Justice, and hold accountable those who have acted contrary to the rules or have been negligent in carrying out their duties. At the conclusion of this observation, the Albanian Helsinki Committee will appeal to the International Helsinki Federation and other international organisations to provide assistance in improving conditions in Albanian prisons. Albanian Helsinki Committee. Tirana, 14 June 1995 Thus, humanity in prisons is also an element of democracy. On the basis of the above observations, the Albanian Helsinki Committee draws attention to several acute conditions that run counter to international conventions and to the aforementioned order of the Minister of Justice. These include: 1) Prisoners are not separated by age groups. In many cases, convicts considered to pose a pronounced social danger are held together with those convicted of criminal offences deemed to pose a lower risk. 2) There are serious deficiencies in medical services. The doctor is not based near the prisoners. Visits are rare. Dental care is poor or does not exist at all. 3) The quality of the food is below standards. In this regard, numerous complaints were made by prisoners during the contacts that were established. 4) Fire-prevention measures are

SHKODER Children’s lives appeal for help Another victim has been added to the accidents of recent days, which are wounding people’s hearts. It is a child, 9-year-old Paulin Nika, who on Tuesday afternoon, on the street in the “Tre Heronjtë” neighbourhood, was struck by a Mercedes car. And [the text repeats and breaks off]: was struck by a Mercedes car. And the tragic outcome for this little boy, the only son of the Nika family, was that his young life was extinguished. Dozens of shocked townspeople hurried to the little boy, who lay [unclear] on the asphalt, but the smile of this young life had already faded. Tears, pain, wailing yesterday in the Nika family for their only son. The townspeople who knew him and heard the news of his death left with feelings of pain and sorrow. The life of a little boy in Shkodër was extinguished in an accident the day before yesterday! An appeal, an appeal to drivers of vehicles to ...? an appeal against speeding and [unclear] for the little boy. An appeal against speeding on the roads and to the authorities… before… MUSA KURTULAJ

DURRES Criminal proceedings held against Ermir Dervishi, who shot Marine Toni Myller On Wednesday at around 9:30, the criminal case against 25-year-old Ermir Dervishi was heard at the Durrës District Court. On 27.1.95, at around 19:20, at the “Olimpik” bar-café, he wounded American Marine Toni Myller with a firearm, after the latter, while intoxicated, publicly displayed uncontrolled behaviour toward his fiancée, actions that seriously offended Albanian pride. On the basis of an assessment carried out by psychiatric experts, it was concluded that Ermir Dervishi was not criminally responsible at the time of the offence and did not understand the significance of his act as a result of a disorder of his mental capacity. It was precisely for these reasons that the charge of attempted murder against him was dropped. The American party involved was absent from the courtroom, but a large number of people interested in the case were present; representatives of the American embassy in Tirana were also expected to attend. The judicial panel, consisting of presiding judge Neritan Tabaku and prosecutor Ilmi Barometa, relying on Article 224, paragraph 1, the report of the psychiatric experts’ commission, and Article 280 of the new Penal Code, requested that the charge against the defendant be changed from attempted murder to illegal possession of a firearm. For about three hours, the many witnesses present in the case recounted different moments concerning how the incident unfolded. With the charge changed to illegal possession of a firearm, the court decided to conclude the judicial investigation of the defendant, Ermir Dervishi. According to the prosecutor’s closing submission, the defendant’s unlicensed possession of the firearm is punishable because such an act endangers people’s lives. Considering this act a criminal offence, prosecutor Barometa asked the judicial panel to sentence the defendant, Ermir Dervishi, to one and a half years’ imprisonment. Defence lawyer Gëzim Lame, relying on the submissions sent in a booklet on behalf of the defendant by, among others, the independent trade union of Durrës, the defendant’s work collective, the “Durrësi” association, and hundreds of citizens of Durrës, asked the judicial panel to reduce Ermir Dervishi’s sentence. Today at 12:00 the judicial panel will deliver its final decision. We very much hope that his sentence will be reduced. When asked for an opinion on the case, representatives of the American embassy, who were interested in the proceedings, said: “We have come here to see how the Albanian justice system will deal with this act.” In any case, tomorrow will bring this unusual case to an end. MIRELA NDINI

NO COMMENT: The truth is ... one, only one In yesterday’s issue of RD, the following two quotations were juxtaposed as if they were part of a conspiracy; “ZP”, 11 June 1995: “President Berisha is the only head of state among the countries of Eastern Europe who had not been officially invited to the White House.” “Gazeta Shqiptare”, 11 June 1995: “This is the first time Berisha will visit the White House in his capacity as President of the Republic of Albania.” Were they drafted by a joint office, or is it a coincidence? asks the anonymous mind at RD, whose intellectual “kitchen” can cook up nothing but conspiracy scenarios. If those two assessments coincide, and that burns you, it is because the truth is one and only one. And this simple truth that you dislike is this: to the White House.

Yesterday at midday, “EXPOTIRANA ’95” was inaugurated in the central foyer of the Opera Theatre in Tirana. It features Art, Tourism, Specialties, Services, and Trade. This cultural and commercial event will be open to interested visitors, traders, businesspeople, art lovers, and the general public until 17 June 1995. The event is organised by “Contacto Agency” LLC under the direction of the passionate Italian Mimmo Gianfreda. Correspondent of “Zëri i popullit”