The President of the Court of Cassation, Zef Brozi, asks the Plenum of this court: ZEF BROZI notes: - Serious violations of procedural rules during the investigation and trial. - Failure to obtain evidence that was decisive for reaching the correct resolution of the case. - No court has responded to the requests of the defense and Fatos Nano. - There is no evidence showing the guilt of the persons who benefited from Fatos Nano’s actions. PETITION For the defense [text cut off at the bottom of the image] ... deprivation of liberty. The sentence is to run from the date of arrest, 30.7.1993. To grant the civil claim brought by the District Prosecutor’s Office, obliging the defendant Fatos Nano, pursuant to Article 156 of the ... [text cut off at the bottom of the image] ... 29.7.1993. To grant the civil claim brought by the Prosecutor’s Office and, pursuant to Article 156 of the Penal Code, oblige the defendant Hasan Ha... [text cut off at the bottom of the image] ... of the rules of criminal procedure, which affected the issuance of an unjust decision, also violating and contradicting the content and Articles 38 and 40 of Law No. 7692, dated 31.3.1993, «On ...»

A piece from Tirana Customs Yesterday we went once again to Tirana Customs to observe the situation that has developed since 1 July, when the Council of Ministers’ decision on the new customs duties came into force. The scene was once again the one described two or three days earlier. Cars loaded to the brim, waiting for days; goods which, their owners said, were steaming and in danger of «melting» in the heat. «Men seeking shade», sitting and waiting, drinking coffee, sparkling water... and talking about the trouble that has befallen them, the time they are losing, and the profits slipping from their hands. It was said that the number of vehicles held up waiting to be cleared through customs had passed 130. But yesterday’s situation differed from that of previous days: the unblocking of the situation was expected—in other words, the start of customs clearance. A ray of hope had come from an order issued by the General Directorate of Customs. According to this order, to implement point 3 of the Council of Ministers’ decision—that is, to set customs-value tariffs for goods not expressly included in the list, which under the decision would be determined by reference to similar goods—a special commission would be established within the customs service. As we learned, this commission, set up specifically for Tirana, had begun work. But even if it gets the cars and the people waiting moving, and removes the disorder and confusion on the surface, it will not solve the problem facing our traders and businesspeople. On the contrary, their reactions are strong. First and foremost, the establishment of this commission is considered illegal and harmful to traders. This is the general view of those we spoke to: traders, employees of ... (Continued on page 2)

— Interview with the French Ambassador in Tirana, Mr. Louis Dominici, on the occasion of National Day, given to journalist Luzim Çota — Mr. Ambassador, what would you like to say to readers on the day of your national holiday? I would take the opportunity of celebrating France’s National Day in Albania to say how close the friendship between the Albanian and French peoples is, how greatly we wish to develop our cultural and economic relations further, and to express the hope that Albania will be fully integrated into Europe. I would say «thank you» to all Albanians for the hospitality they always show the French who come to this country, and in particular for the hospitality they show the French ambassador. Whenever I go somewhere, I find friendship and hospitality among Albanians. How did the spirit of Koriku survive in the Modern Festival? France’s National Day, like that of every other country, commemorates a major event in the history of the French people. At the same time, it is a manifestation of the unity of the French people today, of their will to work toward ... (Continued on page 4)

... who benefited from Fatos Nano’s actions. PETITION For the protection of legality against Decision No. 266, dated 3.4.1994, of the Tirana District Court, etc., and No. 174, dated 26.5.1994, of the Court of Appeal, and No. 121, dated 28.7.1994, of the Criminal Chamber. BEFORE The Plenum of the Court of Cassation TIRANA By upheld by Decision No. 121, dated 28.7.1994, of the Criminal Chamber of the Court of Cassation, it was ordered: To find the defendant Fatos Nano guilty of the criminal offense of misappropriating state property through abuse of office for the benefit of other persons on a large scale, in the amount of 72,573,000 lekë and, pursuant to Article 62 of the Penal Code in conjunction with Article 31, letter «d», of the Penal Code, to sentence him to 10 years’ imprisonment. offense of falsifying official documents and, pursuant to Article 110 Code, to sentence him to 3 years’ imprisonment. On combining the sentences, pursuant to Article 35 of the Penal Code, to sentence him to a total of 12 years’ imprisonment. 156 of the Penal Code, to compensate the Albanian state in the amount of 72,573,000 lekë, while the remainder of the claim is dismissed (for the amount of 1,207,000 lekë). 2. To find the defendant Sokrat Plaka guilty of the criminal offense of abuse of office and, pursuant to Article 106 in conjunction with Article 30, letter «d», and Article 38 of the Penal Code (as subsequently amended), to sentence him to 3 years’ imprisonment, part of which is to be served during pretrial detention. The court orders that the remainder of the sentence be suspended for a period of 1 year. To dismiss the civil claim of the Prosecutor’s Office (pursuant to Article 156 of the Penal Code) brought against this defendant, although there is no documentary link between his conduct and the resulting economic loss. 3. To find the defendant Robert Gjini pursuant to Article 106 of the Penal Code, to sentence him to 3 years’ imprisonment. 27.7.1993. and, pursuant to Article 156 of the Penal Code, order the defendant Robert Gjini to compensate the state in the amount of 399,390 lekë. 4. To find the defendant Hasan Haliuko «d», of the Penal Code, to sentence him to one year’s imprisonment. order the defendant Hasan Haliuko to pay the Albanian state treasury the amount of 144,821 lekë. The decisions of the three courts, insofar as they found misappropriating state property on a large scale, as provided for by Article 62 of the (former) Penal Code, are unjust. These decisions resulted from the incorrect application of the law, and the failure to obtain evidence that was decisive for the correct resolution of the criminal case. Therefore, in view of Article 9 of Law No. 7574, dated 24.6.1992, «On the Organization of the Judiciary», the case should be examined by the Plenum of the Court of Cassation. The course of the criminal proceedings established that the Tirana District Prosecutor’s Office had submitted to the Tirana District Court criminal investigation file No. 1118.1 against the defendant Fatos Nano and others. The defendant Fatos Nano was brought to trial on charges of misappropriating state property on a large scale and falsifying documents, criminal offenses provided for by Articles 62 and 110 of the (former) Penal Code. A review of the investigation and court-file materials shows that serious violations of criminal procedure rules were allowed during the investigation and trial of the case, affecting the issuance of an unjust decision and violating and contradicting the provisions of «On an Amendment to Law No. 7491, dated 29.4.1991», «On the Main Constitutional Provisions», which respectively concern «Due process of law» and «Guarantees of a fair trial». Thus, as the defense rightly pointed out, during the investigation and trial of the criminal case, the charge against the defendant Fatos Nano was communicated to him very late, after two months, contrary to the provisions of Article 76 of the Criminal Procedure Code. It appears that the defendant Fatos Nano was not given access to all the materials in the investigation file, in breach of Article 102 of the Criminal Procedure Code. Thus, the defendant Fatos Nano was not provided with the conditions necessary for his defense. Other substantial shortcomings in the investigation of the criminal case against the defendant Fatos Nano include the failure to obtain all the evidence presented during the investigation. The expert report prepared in Italy is incomplete; 253 pages are missing. A 32-page fax sent by Cartë Gëi Canti, Italy, concerning the State Audit Service, which the State Audit Service sent to the Tirana District Prosecutor’s Office by official letter, has not been attached to the criminal file. In addition, the criminal file contains many

TIRANA — The “Nano File” is once again before the Court of Cassation. In a press statement, the spokesperson for this Court announced that the “Nano File” would on 20 July 1995 at 9:00. A few days ago, Mr. Nano submitted a request to the President of the Court of Cassation, Mr. Zef Brozi, asking for a review of the legality of the procedure. After the legal procedures had been complied with, the spokesperson for the Court of Cassation—the President of the Court of Cassation, Mr. Brozi—decided yesterday to refer the file for examination by the Plenum of the Court of Cassation. Meanwhile, another court, the Court of Appeal in Tirana, will examine on 21 July 1995 another request by Mr. Nano, submitted as an appeal against an acquittal issued by the Tepelenë District Court. B. C.

Yesterday morning, Starova, Albania’s Deputy Foreign Minister, and Gergiou, Secretary General at the Greek Foreign Ministry, signed the agreement abolishing double taxation. At a joint press conference, they confirmed that progress had been made toward an agreement on seasonal employment in Greece, which is expected to be signed by the first days of September. They had also reached agreement in principle on regulating the status of Albanian migrants currently in Greece. But, as Gergiou put it, «the problem is complicated; there are many other refugees», and Greece must honor the commitments arising from its membership in the EU. Both officials confirmed the visit to Athens by President Berisha’s envoy, Pollo, his meeting with Papulias, and the message for Greek President Stefanopulos. According to Gergiou, Pollo had asked for Greek support for Albania’s accession to the [text as printed: “shokë”] ... The latter had asked the Albanian side to abolish visas for Greek citizens, so that they would have the same freedom of movement as citizens of other EU countries. Both officials emphasized the free movement of businesspeople between the two countries.

LETTER FROM KORÇË We, the group of employees and former political prisoners of NTBBSHU Korçë, hereby declare, on our own responsibility, the violations that took place at the last meeting of the Privatization Board on 7.4.1995. The Chairman of the Board, Mr. Tani Zguri, initially proposed that Warehouse No. 1 be put up for auction, since eight groups had submitted applications. Mr. Lapanxha immediately intervened, saying: «Under no circumstances should it be auctioned, or the employees’ group will get it, since under the law they have a preferential coefficient». As soon as the business plan of this group began to be read, Mr. Gjinkuja intervened, saying: «Forget that business plan with its useless figures; read the business plan of Maksi Dvorani and Gjer gjergji Collaku, since they have new things for Korçë». The voting began immediately: three votes were held for the group of Maksi Dvorani, Gjergji Collaku, and Gjergji Gjinko, who is hiding behind them but is in reality a member of this group of officials. In the first vote this group received 7 votes; in the second, 9 votes. After the second vote, Mr. Petika Pllaha, head of the district Education Department, stood up and said: «What is going on here? It absolutely has to go to auction». Lapanxha intervened again and said: «I said it once: no auction». In support of Lapanxha, Mr. Pellumb Kërtuzi, Chief of the Commissariat, stood up—the only time he attended a board meeting—and asked for a third vote on this group. Mr. Lapanxha, who chaired the entire meeting, proposed the third vote and demanded the eleventh vote by dictatorial means. Mr. Lapanxha addressed Gjergji, an employee of the Tax Department, saying: «Why aren’t you raising your hand?» Gjergji replied: «I won’t vote for those two». This vote, the tenth or the eleventh?! was cast by the chairman of the Boar- (Continued on page 2)

A small stool, a stone, a piece of wood—since the middle of the night, one slides into place beside a doorway. This is the constant scene in front of the Korçë civil registry office. During the day, a police patrol nearby, and now and then, with the language of the whip, tries to impose the necessary order. People queue for certificates for social assistance, for aid and [krhje], for passports to travel abroad, for pensions, and so on. A situation full of other services as well— “I’ve been getting up in the middle of the night for two days and queuing to get a certificate so I can receive assistance,” E. P. tells me, “but it’s no longer possible, because, as you can see here, chaos reigns.” “It really is,” says one of the civil registry office employees. “We were surprised, and so were the people. The municipality was supposed to make things easier for us, surely also to come to the aid of people who were struggling.” Correspondent of «Zëri i popullit»