Albanian justice proved that its independence and integrity are a matter of government and legal responsibility. In the hands of the plenary of the Court of Cassation THE ROME COURT DECISION - PROOF OF POLITICAL MANIPULATION OF THE NANO FILE In conclusion, there is no evidence whatsoever for any criminal complaint concerning these transactions. Even less so any genuine accusations against Fatos Nano. The Prosecutor’s Office for Economic and Financial Crimes in Rome, on 12 July 1995, on the basis of documentary evidence presented by the Albanian government, by the bank, firm, and offices of Italian financial and commercial experts, decided to discontinue the criminal case, on the grounds that “the fact does not constitute a criminal offense”. In the decision of the Rome Prosecutor’s Office, the firms that had taken part in the transactions and other banking institutions stated that they had had no dealings with Albanian government officials and especially with Fatos Nano. The decision says that all operations carried out were developed in accordance with the laws and market rules. The purpose of this decision, coming at a crucial moment for Albania, is a severe blow to all those who built the political case against Fatos Nano on slander and fabrications. In this sense, his personal innocence is closely linked to the need to restore proper standards in political life and to the democratic emancipation of the country. The entire decision of the Italian prosecution excludes the claims that there had been corruption, unlawful favoritism, or personal gain in the Albanian government in these matters. On the contrary, it is shown that the actions taken were within the legal and administrative framework. In this context, the staged case against Fatos Nano emerges as a serious act of political manipulation, which not only strikes an individual, but seriously damages trust in justice and institutions. Well-known intellectuals speak out against political pressure on the justice bodies The vicious campaign against the prosecutor of the Court of Appeal, an extreme expression of political intolerance Prof. LUAN OMARI Any deviation, any avoidance, or any wrong resolution of a particular judicial case and, in general, of any legal problem, should not be treated as a problem affecting only the fate of particular individuals. Although its consequences may directly burden individuals, first and foremost its impact is reflected in the strength and prestige of the rule-of-law state. This is particularly important in cases such as the one recently closed by the Court of Appeal concerning the “Nano” file, which, in an unprecedented way, is being turned into a pretext for a campaign of pressure and attacks against representatives of the judiciary. At the heart of this campaign lies not only opposition to a specific decision, but also an attempt to delegitimize the very right of courts to examine cases of this kind independently. In a state governed by law, criticism of judicial decisions can and should be made, but it cannot take the form of threats, public lynching, or political interference in the justice process. For that very reason, the reaction of intellectual and legal circles to these attacks takes on particular importance. The field is still far from the conception and building of a truly independent judiciary PANDI KORE It is becoming increasingly clear that Albanian society has not yet reached the completion and consolidation of its democratic institutions. This is first and foremost evident in the relations between the branches of power, in the place each of them occupies, and in the real relationship to the law. The judiciary remains among the most fragile segments of the state, and this is due not only to the legacy of the past, but also to the lack of a clear political will to build it as independent and free from command. The “Nano” file has once again brought this situation to light. Instead of judicial decisions being treated with institutional seriousness, open pressure is being exerted on judges and prosecutors, and an atmosphere of distrust toward the justice system is being created. A democracy cannot move forward if the judiciary is treated as a temporary instrument in the hands of political majorities. Albania insults people of law DILAVER BENGASI Unfortunately, government, the market economy, and the very idea of reform were received by many as an opportunity to break away from rules and responsibility. This mindset, also extended to the public treatment of institutions, has meant that legal professionals are often targeted. When a judge or prosecutor is publicly attacked simply because they have applied the law or offered an independent interpretation of it, then it is not merely an individual who is insulted, but the legal system itself. Albania gains nothing from belittling its jurists. On the contrary, it loses one of the most fundamental guarantees of democratic civilization. A fitting name is found for the Rome Court, the Court of Appeal and Judge A. Haxhia GJYSTINA KONXHE Placing truth and honesty where they belong is the first condition of a civilized political life. The decision of the Italian court to discontinue all criminal proceedings in the “Nano” case provides evidence of particular importance for Albanian public opinion. It clearly shows that sensational accusations, spread over the years for the purpose of political denigration, have found no support in the verified facts and documents. In this sense, the decision of the Court of Appeal and the role of Judge A. Haxhia also deserve to be viewed with seriousness and respect, not with bitterness and pressure. Attack on the Court of Cassation pressure on the independence of the judiciary Agim Tirana, lawyer From the end of June 1994 until 31.5.1995, 12 criminal complaints had been filed against Fatos Nano. If we list them: 5 complaints have been dismissed by final court decision, 1 by decision of the Court of Cassation; 2 complaints were withdrawn, which had initially led to proceedings; 1 was sent to trial, but after the trial it was dismissed with a verdict of innocence; for 3 other complaints the prosecution has decided to discontinue the case. In these circumstances, instead of admitting the failure of an entire policy of baseless criminal prosecution, pressure is being exerted on the country’s highest judicial body, with the clear aim of distorting the spirit of the law and the independence of the judiciary. (Continued on page 2)

The vicious campaign against the prosecutor of the Court of Appeal, an extreme expression of political intolerance

PANDI KORE

DILAVER BENGASI

GJYSTINA KONXHE

Agim Tirana, lawyer From the end of June 1994 until 31.5.1995, 12 criminal complaints had been filed against Fatos Nano. If we list them: 5 complaints have been dismissed by final court decision, 1 by decision of the Court of Cassation; 2 complaints were withdrawn, which had initially led to proceedings; 1 was sent to trial, but after the trial it was dismissed with a verdict of innocence; for 3 other complaints the prosecution has decided to discontinue the case. (Continued on page 2)

Lushnjë - Caught in the act on 8 June, the brother of the abused man, Xhaxhiu[?], was convicted for theft, sale, weapons possession, theft[?]. Arrested on 19 June, on the charge of “participation in a criminal organization”, he was released without his guilt having been proven. On Sunday, 23 July, Dylgjeri[?] Xhaxhiu was taken by the police and, according to testimonies, was brutally beaten with rubber batons in the presence of family members. According to the source, his minor son suffered shock and was taken to hospital. The police chief denied the incident. (Continued on page 3)

In the letter they address to the presidency of the Albanian state, 95 prisoners from the high-security prison of Ballsh accuse the prison prosecutor and its other leaders of using violence against prisoners, against family members, and of violating human rights. These days a group of journalists, accompanied by the ombudsman[?], went to the prison of Ballsh. They were told that, by order of the prosecutor, the inspector of the Ministry of the Interior had not been allowed to enter in order to carry out the necessary checks. Correspondent - Zëri i Popullit.