THE INDEPENDENCE OF THE JUDICIARY UNDER ATTACK BY THE STATE
Although Arbnori has sworn the oath in Strasbourg, there are signatories to the conditions
- Chief Justice Brozi warns he will file a criminal complaint if the court budget is not unblocked.
- What is the value of the oath in Strasbourg taken by Tirana’s senior officials?!
Although Arbnori has sworn the oath in Strasbourg, there are signatories to the conditions THE INDEPENDENCE OF THE JUDICIARY UNDER ATTACK BY THE STATE - Chief Justice Brozi warns he will file a criminal complaint if the court budget is not unblocked. - What is the value of the oath in Strasbourg taken by Tirana’s senior officials?! Although it had been five years under the “rule” of political and democratic pluralism, Albania managed to enter the “Glass Palace” of the great European Family in Strasbourg only on 13 July 1995. The long wait for European trains—arriving, standing and departing before the faces of Albanians—particularly encouraged by Tirana’s officials, came to an end when Martinez and the Parliamentary Assembly of the Council of Europe voted “in favour” of Albania. The European train, which was taking “Albanians who had come from the Middle Ages,” as the indignant Martinez put it, stopped in Europe’s political capital. There, Albanians encountered a different environment, different mindsets, different concepts and different democratic standards, which clashed with the concepts and actions of Tirana’s officials, presented as remnants of the regime of 50 years earlier. Human rights and freedoms, Europe’s Sacred Law, compelled Tirana’s officials in Strasbourg to formulate, in Italian and English, the day before Albania’s admission to the Council of Europe, the “Aman,” the most characteristic plea of Berisha’s regime. In any case, Europe awoke and Albania took the oath. “Albania has pledged to: change the role and functions of the prosecution service, bringing it into line with the principle of the rule of law and the standards of the Council of Europe. - Guarantee the independence of the judicial system, protecting judges from arbitrary dismissal and allowing the courts to have full control over their operating budget, subject to Parliament’s approval.” This is the news that Albanian journalists in Strasbourg and the Council of Europe’s Information Directorate made public to Albanian institutions. Europe presented its conditions, and the Speaker of the Albanian Parliament, Pjetër Arbnori, signed up to respect the fundamental principle of democracy, the “separation of powers,” from which derived “the independence of the Albanian judiciary, of its courts.” A case quite exceptional in its kind—the “Kryeziu” case—which was tried after 27 months by the Albanian Court of Cassation, made public falsifications, manipulations and flagrant violations of legal procedures by the Prosecution, to the detriment of two citizens who were declared innocent after having lost their freedom for months. But that was the least of it. The worst is seen in the case of the chairman of Albania’s largest opposition party, Fatos Nano, again involving documented falsifications and manipulations by the Prosecution and the direct involvement of the state. Finally, the Albanian Chief Justice, Brozi, also speaks of violations of legal procedures by the Albanian court. While Kryeziu and Meshi regained their freedom, Nano says from prison: I will continue to give everyone the opportunity to free themselves from the shackles imposed on them by the Albanian justice system. Between these extremes, dozens of dubious cases weigh on the Prosecution—also publicised by the General Prosecutor’s Office, which oversees it—compelling the Council of Europe to demand the immediate reform of this body. Meanwhile, Albania’s highest court is also overturning decisions by lower courts, exposing violations of legal procedures that have led to unlawful rulings against citizens. But very soon, the Court of Cassation of Albania is branded a “rebel”! Revenge is not long in coming, and the Albanian Chief Justice is accused by the Prosecution of abuse of office in favour of drug traffickers. The PD, the governing party in Albania, places his name on its list of candidates for prison. But more than half of the Albanian MPs—most of them from the opposition—remove the shackles from the façade of the Court of Cassation, although they still remain far from putting shackles on the hands of the Albanian judiciary. Even so, one month after 29 June, the PD again attacks the “rebel” court! Ali Spahia, the PD’s representative at the Council of Europe, has written the names of two Court of Cassation judges in his file—one of them the chairman of Albania’s Chamber of Judges—in order to have them removed for “lack of merit.” The Speaker of the Albanian Parliament, Pjetër Arbnori, went even further: “The matter is on the agenda, but it will not be discussed today, because there are other judges there like these two, and I have requested information about them,” says Arbnori. And he was asking Albania’s Ministry of Justice for the information, a constituent part of the Albanian executive, which, through a series of inspections, has sought the dismissal of many local judges. In any case, Arbnori (Continued on page 4)
full control over their operating budget with Strasbourg and the Information Directorate of the EC made public to Albanian institutions. Europe lays out Arbnori, signs an undertaking powers», from which «the independence of the judiciary» derives. The highest European institution—which, more than the words of government officials, prefers reality—has closely observed Albania’s performance for three years running. In its own way, official Tirana paraded before Europe in the outfit it favors: «the standard of freedoms and human rights»; and, in particular, «the judiciary». The Berisha regime’s most favored point was called upon to testify: «The outfit worn by the Albanian judiciary was tailored by the power…». Despite this, the Albanian justice system shows chaos. The Prosecution is accused by the most regressive institutions of today’s state. Let us not forget: It is the state’s accuser and defender against…
The exams the Ministry of Justice planned for lawyers are being boycotted
- Non-participation in the exams, an appeal for the independence of justice bodies -
“The Tirana Chamber of Lawyers decided last week to boycott the exams the Ministry of Justice had planned for them,” says the chamber’s chairman, well-known lawyer Maksim Haxhia, when asked by Zëri i Popullit.
“We have deemed such an action illegal, something they are trying to impose on us,” he continues, “and we took the matter to the Constitutional Court, which dismissed our petition, but we are determined to pursue our right further, including before the International Court...” Thus, the position of Tirana’s lawyers has also been made public, following those of Durrës and Vlorë, whose members have boycotted these exams organised and run by the Ministry of Justice. The Ministry of Justice argues that examining lawyers stems from a requirement of the “Law on the Legal Profession,” which states that lawyers must be qualified and that this qualification must be organised by the Ministry of Justice. It seems that such a measure is based on the law and that everything is normal, but no! This is not simply a matter of meeting a legal requirement; it is also connected with the question of whether or not the judicial system in Albania is independent. The independence of justice bodies from political power has been, and remains, one of the most discussed issues of the day. The PD’s accession to power openly demonstrated a tendency and a full strategy to keep these bodies subordinate and use them to achieve its political aims. Although from time to time these bodies or particular individuals have shown tendencies towards independence and separation, pressure from the authorities has been systematic and increasing. Given the way this system is organised, the lawyers’ branch is the only one that would be announced in September. So, ultimately, the company “Vllazerimi,” which won the tender seven months ago, is now being denied recognition as the winner. The second tender will now be held in Shkodër, while the first one was held in Tirana by the Ministry of Construction. At the time, they said it was within this ministry’s competence because the water-supply system was supposedly a national enterprise. But now it is supposedly not a national enterprise, so who is taking responsibility for this tender? We clarify that the first tender, won by the company “Vllazerimi,” was reviewed by two commissions. It was found that there had been no violations. The company therefore signed a contract with the Ministry, received the design, a letter was sent to the Shkodër bank branch to begin financing, and so on. But after all this, an order came from the Ministry of Construction suspending the start of the work, on the pretext that the tender had not been conducted properly! This happens after… (Continued on page 2)
Tender after tender, citizens fill their water containers at 3 after midnight
SHKODËR Tender after tender, citizens fill their water containers at 3 after midnight The drinking-water supply to families living in apartment blocks is in a critical state. One million dollars allocated seven months ago for the reconstruction of this city’s water-supply system—which would improve the drinking-water supply—still remain unused. The reason: the company “Vllazerimi” in Shkodër, which won the tender for this reconstruction at the Ministry of Construction, is not being allowed to start work. Thus begins the game with the tender, passed from Shkodër to Tirana and from Tirana to Shkodër, at a time when, had it been approved, the water-supply reconstruction would now be complete and the water supply to families would be normalised during this hot weather. On 4 June, Zëri i Popullit published the article “The city’s reconstruction is dragging on...” The discussion called for invitations to be sent for “...” The city’s reconstruction is dragging on because someone wants to inflate the figures. That article covered the history of the tender in question and the efforts to declare the winning company. Now… apparently the Shkodër Municipality has announced another tender for (Continued on page 2)
Soldiers are beaten
DEVOLL Soldiers are beaten The news comes from the Koliçë border post in the district of Devoll. The report gives details about the beating of several soldiers serving there by officers, who are named. Specifically, the officer with the rank of lieutenant, Mr Hamdi Allameri, beat the soldiers over utterly insignificant matters, solely in order to humiliate them. To inform readers, it should be said that the beatings were over “a handful of cherries” taken inside the unit, a melon, cigarettes in the formation, or because a soldier went to the canteen without permission, etc. The soldiers who were beaten were Përparim Kopaçi, Sokol Çenko, Admirim Çela, Albert Malushi, and others. They and others have reportedly said themselves that the situation remains unpleasant because the retaliation continues in various forms, such as keeping them inside the post, refusing them leave, etc. The information sent to Zëri i Popullit says that this fact should be made public so that the gentlemen at the Ministry of Defence will find out. A. C
The funds for Kalis have “disappeared”
Five villages in the Kalis area belong to the Commune of Bushtricë, one of the poorest in this district.
At present, the villagers in this area have economic problems, but no less vital have been and remain the lack of a direct motor road, the connection to the electricity grid, water pressure, not to mention the urgent need for a health centre and for the telephone network to be put into operation. The promises made about all these things by the current authorities have been grand. Indeed, the area’s MP, Mr Shefqet Hoxha, promised at meetings with the people three years ago that all of this would be put right quickly, very quickly. Other PD officials in the district have made no fewer promises; to be realistic, however, they have made no effort to fulfil them. We have repeatedly tried to put these problems on the path to a solution, or at least to get some answer that would give us hope for the days ahead. And what came of it? Following an inspection by representatives of the State Audit Service of the Kukës district branch in the Commune of Bushtricë, it was found that a sum of funds had been allocated for the Kalis area to cover completion of the reservoir, the motor road, etc., but no one knows into whose pocket they went. We do not want these funds to have fallen into the hands of corrupt officials, but the fact that they cannot be found calls for an answer. Let us ask the officials of the State Audit Service in Tirana to see through to the end what they have truly started here in Kukës. We believe that those responsible here will be exposed, but it would be best for this matter to be resolved, since the people of this area are waiting for their problems to be solved as soon as possible.
Bulqiza — The city of administrators
According to “RD,” in the city of chrome geologists and miners of Bulqiza, there are 1,853 people employed in the budget-funded sector and 3,532 employed in the non-budget-funded sector.
Put more clearly: in Bulqiza, out of every two employed people, one works in the administration in the budget-funded sector, while two work in production in the non-budget-funded sector. No detailed calculations are needed to understand the situation in Bulqiza, the “optimistic achievements” in… The drastic cuts at the mine, the drying up of construction-mining activities, the reduction of geological surveys to just two rigs (from 45 previously), and the throwing of thousands of workers onto the street could hardly fail to produce such ratios. Today, the miners’ city can quite rightly be called “the city of administrators.” This is an “achievement” from the many PD articles in Bulqiza. EDIN DURIÇI
A villager faces the authorities
We were in Dukagjin, in the district of Mat, a few days ago.
The scorching sun of mid-July seemed to burn everything. This remote village in the Commune of Derjan, with its little aged land all on a slope, is on the brink of extreme poverty. The conversation in the centre of the village touched on economic and social problems… (Continued on page 4)
Money changer shot with a firearm
After they were unable to take his bag of money, they shot him and left him wounded.
This was the mafia-style attack on money changer Pjetrin Kulli, at 5:20 a.m. on Sunday, in the «Partizani» neighborhood of Shkodër. Pjerni had just left the apartment building where he lives and was walking along the main road when two people suddenly attacked him brutally, punching him in an attempt to take his bag of money. During the struggle, he managed to escape them, but they pursued him and, at the entrance to the apartment building, shot him with a firearm, wounding him with two bullets in the legs, in addition to the injuries to his head caused by punches and blunt objects during the fight. They left only after the building’s residents, terrified, appeared at the windows. This gave the robbers no time to snatch the bag of money. The terrifying scene is thought to have lasted for minutes. Various citizens say that the robbers left in an olive-colored «Regato» car without a license plate. The wounded money changer was taken to hospital, while the police have begun searching for the perpetrators of this criminal act. However, the latter have so far issued no information about identifying these people. Meanwhile, a noticeable sense of panic was evident among Shkodër’s money changers throughout Sunday. In a year and a half, this is the third case in this city in which money changers have been shot at with firearms by mafiosi intending to rob them of their money. Two cases ended with injuries, and one with the death of money changer Tahir Kastrati. Correspondent of «Zëri i popullit»
Accident: One dead
Near the police station in Milot, yesterday at 8:05 a.m., a car struck a citizen, killing him instantly.
It was not possible to identify the victim. The car is said to have had a Tirana license plate. Correspondent of «Zëri i Popullit»
Defense in the «Arsidi case» postponed
COURT:
It will take another three days before the five Albanian bankers charged in the «Arsidi» case speak in the courtroom to present their defense.
Just a few days ago, in the same courtroom, prosecutors QeleshI and Gjokutaj delivered their closing arguments, requesting a total of 71 years in prison for all five bankers. The sentences requested exceeded expectations and caused genuine shock among the defendants, so much so that one of them was «convinced» that, in this case, things had to be spoken about openly. The hearing scheduled for the defense lasted only a few minutes. First to speak was attorney Haxhia, who addressed the panel of judges and emphasized that the days allocated to prepare the defense would not be sufficient, requesting that the hearing be postponed by ten days or two weeks. He also stated that, during the preparation period, prison administration restrictions had prevented him from meeting his client for more than 30 minutes a day, making it difficult to prepare a full defense. Attorney Sanxhaku then had his turn to repeat the same request as his colleague Haxhia, adding in his argument that he would also be very busy at work until July 26. Sanxhaku did not elaborate further, but it was clear that he meant two judges before whom he would appear in succession, on July 21 and 26, in the Appeal and Cassation Courts for the Nano case. Sanxhaku’s words seemed intended less for the panel of judges than for the two prosecutors in this case who were in the courtroom; they sat through the entirety of his remarks without speaking, and without even managing to crack a slight smile, as they usually do. In response to the request, and those of the other attorneys, the panel of judges immediately ruled that the defense hearing would take place on July 20 at 9:00 a.m. A. M.
full control over their operating budget with Parliament’s approval.