OUR INTERVIEW THE SHAKAU WHO IS DRAGGING OUT THE RE-EXAMINATION OF THE NANO CASE IS THE VERY ONE WHO HELPED PUT HIM IN PRISON Interview with Fatos Nano’s lawyer, Mr. Agim Tirana - Mr. Tirana, since 1 June 1995 the New Criminal Code of the Republic of Albania has been in force. The new legal provisions establish that criminal cases may also be re-examined for those serving sentences. How is this matter defined in the new provisions that have entered into force? Yes. By Decree No. 1165, dated 31.5.1995, Law No. 7941, dated 31.5.1995, “on the entry into force of Law No. 7895, dated 27.1.1995, ‘On the Criminal Code of the Republic of Albania’” entered into force. Article 8 states: «Where a person has been convicted of 2 or more criminal offences under the rule for combining sentences, and where even one of the offences is not considered a criminal offence by the Criminal Code, or carries a lighter sentence: the case shall be reviewed, upon an immediate request by the prison administration, by the district court where the sentence is being served, which shall combine the sentences according to the rules of this Code. The court shall review the case within 10 days of the request being submitted, observing the general rules of trial. It has been said, and continues to be discussed, that the adoption and entry into force of this Criminal Code has opened a legal path for Mr. Nano’s case as well; he is serving his sentence in Bënça prison. In your view as his lawyer, what are the legal arguments for seeking this right for him too? The chairman of the Socialist Party, Fatos Nano, was found guilty and sentenced by the court, (Continued on page 3)

The Albanian Helsinki Committee con-

Blerim Çela foresees a «divorce»: Either with the State Control Service or with the DP! Musaraj: There is speculation about the problem of child abductions! At yesterday’s plenary session, the People’s Assembly first discussed and approved the draft law on the ratification of two financial conventions between the government of the Republic of Albania and the Italian side. The first concerned the project to normalize and expand Tirana’s drinking-water network, and the second the telecommunications project. The deputies regarded both conventions as positive, saying they would bring about the normalization and modern improvement of these systems. Afterwards, a draft law submitted by a group of 30 DP deputies was taken up for review and approval, concerning several amendments to Law 7587, dated 31.8.1992, “On the State Control Service”. These amendments aim to add to the powers of this service. Speaking on behalf of the PS group, deputy Dokle stressed the need for such improvements, describing this institution as a safeguard for the state, not a protection for corrupt officials. We support strengthening this service in principle, Dokle said, but not its practices. Naturally, the head of this service, Mr. Çela, also spoke, but unlike on previous occasions he tried to appear more sincere and to take aim at both sides. For the first time, he began turning towards the opposition, stressing that on these issues we also take the opposition’s opinion into account, and then he pointed out the many difficulties faced by the service he leads. In the end, he had saved his outburst for the other part, emphasizing: “For the sake of clarity, the State Control Service is depoliticized as long as its head is a member of the DP leadership.” This was the clearest statement made by Çela and perhaps the conclusion of everything he wanted to say when he took the floor. In other words, with his words Çela either threatened someone or felt threatened... In any case, his expression about either the KSHK or the DP may perhaps signal his impending “divorce” from one of the two sides. This seems more plausible if we recall Mr. Spahia’s words, as he took the floor immediately after him and said that these were personal statements, which we might not have needed to hear here. And it was clear that a problem had erupted between them, since only a few seconds earlier Mr. Çela had turned towards Spahia’s desk and begun speaking irritably, waving his hand—a gesture unusual for Çela towards the senior leaders of the DP, and all the more so towards Berisha’s supporters in times of crisis. At the afternoon session, it was once again the turn of Interior Minister Musaraj to appear before Parliament, in response to a request by PAD deputies, for a question-and-answer interpellation. His speech was received with applause from the DP group, showing that his position is not as precarious as expected. In his remarks, Minister Musaraj raised the issue of child abductions with concern and treated it as such, although playing it down. The notable feature of his speech, later praised by PS deputies as well, was that, given the situation, he outlined to Parliament the measures the ministry and the competent authorities are taking and must take to stop this monstrous crime. On the other hand, however, he called for measures to be taken against what he said were speculations by the press, a view also supported by Spahia, who described it as the duty of the competent authorities to deal with those who speculate, leaving the bitter impression that before long we may hear a statement mentioning [?] criminal proceedings against journalists. At deputy Pepa’s request, Health Minister Cikuli also appeared for a parliamentary interpellation to answer several questions about health-care reform. He focused more on the past of this service than on what he and the institution he leads have done and should do. A. M.

At yesterday’s plenary session, the People’s Assembly first discussed and approved the draft law on the ratification of two financial conventions between the government of the Republic of Albania and the Italian side.

A camera shaking in an unsteady hand, a dark police office, a telephone ringing now and then, someone moving behind the camera, and four people exhausted by the transition speaking without anyone questioning them—that is the scene TVSH serves up as its “Special of the Day”, seeking to refute a report published in two newspapers about the abduction of a girl from Elbasan. Anyone has the right to refute a false report and shed light on the truth, all the more so when it concerns such painful matters as the abduction of the most precious thing any family has. But people are just as entitled to believe the person who convinces them, rather than the one who tries to persuade them. We say this not to debate whether the abduction was real or not, but on the basis of the Interior Ministry’s report, which carries out its refutation by “calling people into the police station”. Is that normal? Is it not the responsibility of the Interior Ministry—which has an interest in not publicizing these cases because they may shape public opinion about its work? Did that very report not make it highly suspicious that there had been an attempted abduction? Could TV not have had a journalist produce the report, at least for the sake of professionalism, in more suitable surroundings? All these and many other questions come to every citizen’s mind after watching the Interior Ministry’s report broadcast on TV. And everyone is bound to think (Continued on page 3)

Under the slogan “progress for women means progress for all”, the “Women and Family” Department at the Ministry of Labour, Emigration and Social Support held a press conference yesterday at the Ministry on the subject “Albania’s preparations for the 4th World Conference on Women”, which will be held in Beijing in September this year. In her presentation, Ms. Yllka Hida, director of the department, spoke about activities carried out by governmental and non-governmental women’s organizations and emphasized the need to increase women’s role in society. The speakers then focused on the urgent problems affecting Albanian women, such as unemployment, social assistance, and the excessive burden borne by women in the home. Discussions among those present showed that 80 percent of women able to work have been deprived of this right, while the rural woman, who makes up 2–3% of Albanian women, finds herself in medieval working and living conditions. Such assertions, which made the event interesting and realistic, also provoked opposition, mainly from Flutura Hasko, chairwoman of the Democratic Women’s League, and from PD deputy Abazi. The conference also discussed the coming decade’s objective of increasing women’s role in active life. Notable presentations were given by Agvon Bala, a representative of the European Community, and Maxhun Peka, a senior official of the Albanian MFA. Correspondent of “Zëri i Popullit”

For three consecutive days, a seminar entitled “How to Build and Run a Business” was held at the premises of the “Ismail Qemali” University in Vlorë, with business specialists, economists, and others. Its purpose was to prepare all those who have a concrete work activity in the private or public sector, as well as those considering starting a business. The seminar was led by the consultant of the partner company in (Continued on page 2)

For some time, Albanian citizens have been faced with these dilemmas. Not because they do not need the privatization bonds. On the contrary, they have eagerly awaited them as their last hope and chance to become owners or co-owners in the privatization process and the distribution of national wealth, or simply to participate in it. But in practice this hope has undergone a strange metamorphosis into disappointment and pessimism. This was neither unexpected nor unforeseen. But when the government first announced this measure, forecasts were based on logical analyses and experience relating to the securities issued to the persecuted; now pessimism is supported by figures and new, direct facts. Figures have already been given for rampant inflation, which threatens holders of securities by wrenching them from their hands at highly symbolic “prices.” To get a sense of the reality, yesterday they went to the currency market in Tirana, where the buying and selling of pensioners’ privatization bonds has also begun. The purchase price for them was neither more nor less than 18 percent. One does not need to be able to do much arithmetic to understand how much their holders “gain” and how much they lose. For the first installment of 200,000 lekë, they receive a real value of 3,600 lekë. That is all. So this is the state of affairs and the sorry condition into which the government’s “much-ballyhooed experiment with securities” has fallen. The reasons for this sorry state have been stated and restated in various forms and interpretations by specialists and non-specialists, politicians, newspapers… (Continued on page 2)

The leaders of the political parties are not invited to a memorial event To make the event marking the 100th anniversary of the death of the People’s Teacher Koto Hoxhi more depoliticized and professional, the organizers—the Gjirokastër municipality and the district’s educational directorate «Moria»—decided not to invite any of the many political party leaders. They decided, and they did it. How highly they have raised the traditions of “democracy,” and how new they are making them! TË. DINO

Never has the newspaper RD insulted the people of Korçë more severely than it did yesterday. Never has the Korçë City Council mocked the people of this city more severely than it did yesterday. Never has this council shown itself to be more ignorant than it did yesterday. We have learned all this from the very cheerful news placed as the main headline in RD, the newspaper of the party in power, according to which another great success was achieved in Korçë as a result of the reform—the complete reconstruction of the district police station’s premises. The prime minister himself, Aleksandër Meksi, took part in this notable, unforgettable, much-awaited event, accompanied by Minister Musaraj and MPs Bre-gu and Minga, who were received by Prefect Kiri, Brigadier General Nure, and the police station chief, Korfuz. The most noteworthy event, after room-by-room visits that left those present speechless at the luxury—“truly a development in cleanliness and comfort,” as RD calls it—and after a few spicy conversations about politicians as well as some very valuable instructions from Mr. Meksi, was this: The chairman of the Municipal Council, Mr. Dionis Kotmilo, informed the audience that, pursuant to the law on local government, he had awarded the title of “Honorary Citizen” to Lieutenant Colonel Pelumb Korfuz, head of the Korçë police station. The people of Korçë, etc., were astonished when they heard this news; gathering from time to time, they decided to celebrate it at home and raise a toast to the police. They say that Mr. Pellumb has not made his home in Korçë, but in Pogradec. This does not in the least spoil the very festive atmosphere this event has stirred up in Korçë, among its good and enlightened people.

On Thursday, the panel of judges, comprising the presiding judge Nertan Tabaku and prosecutor Ilmi Barome-ta, decided on the sentence for the man who wounded the American marine Tony Myller. Brought before the court on the charge of unlawful possession of a firearm, provided for under Article 224,1 of the Penal Code, Ermir Dervishi was found guilty by the court, since he had managed to violate the legal relations established to maintain public order and safety, which are specifically protected by law. In determining the sentence, the court took into account several mitigating circumstances, such as the defendant’s deep remorse during the trial, his surrender to the competent authorities, the surrender of the weapon he possessed, his young age, his economic and family circumstances, the plea for mercy he made to the court panel, etc. Thus, pursuant to Articles 149 and 150 of the Code of Criminal Procedure, the Durrës Court found the defendant Ermir Dervishi guilty of the criminal misdemeanor of possessing a (sporting) firearm without a permit and, pursuant to Article 180 of the New Penal Code, sentenced him to one year of imprisonment. His sentence begins on 28.1.95, the very day he was detained. As for the “Bajkal” sporting pistol, the court ordered that it be transferred to the bodies of the Ministry of the Interior. For its part, the defense, represented by attorney Gëzim Hima, will submit an appeal to the Court of Appeal within the legal deadline, seeking a change to the sentence imposed on the defendant Ermir Dervishi.

Committee welcomes the decision of the Parliamentary Group of the Democratic Party to withdraw its request for the dismissal of three judges of the Court of Cassation. On this occasion, particular appreciation is expressed for the care taken to avoid an act that would be contrary to the main constitutional provisions and would therefore be interpreted as an attempt to undermine the independence of the Court of Cassation, the highest body of justice. Beyond the significance of such an initiative in itself, it also speaks to the scope the People’s Assembly has for addressing, with sensitivity and responsibility, the problems involved in consolidating the rule of law. Furthermore, the Albanian Helsinki Committee regards this as a clear expression of the further and irreversible development of democratic processes in Albania, and as proof that shortcomings and weaknesses, which are not absent, will find solutions as the fundamental values of democracy and of an open society founded on the supremacy of the law are affirmed in the life of the country. The KSHH takes this opportunity to reiterate its appeal to the Council of Europe to admit Albania. Albanian Helsinki Committee Tirana, 15.06.1995

Members of the FRESSH Steering Committee are hereby informed that the committee will meet on Saturday at 11:00 at the Socialist Party headquarters, in connection with matters concerning the holding of the Second Congress of the Albanian Eurosocialist Forum.