- THE ATTACK ON BROZI—AN ASSAULT ON THE INDEPENDENCE OF THE JUDICIAL SYSTEM - Today, the request by the President of the Court of Cassation, Mr. Zef Brozi, for the protection of liberty in connection with the Nano Case is being considered. The request calls for the immediate release of the socialist leader from prison, where he has been held for a full two years, unjustly and without justification. It is rightly the focus of public attention: today’s meeting of the Plenum of the Court of Cassation could, through a just decision on this delicate matter, restore some of the lost and trampled authority of the judicial system. A just decision would also influence the future work of our courts, enabling them to operate as adjudicating bodies without pressure or tutelage, and giving the independence required of these bodies in a democracy a European dimension. The facts show that, where the establishment of Albanian democracy and the rule of law are concerned, the politics of the party in power has become deeply entangled in the affairs of the judicial system, even distorting it for antidemocratic purposes. In the Nano Case, the judicial system has shown itself to have been a blind instrument serving the interests of the politics of the day. Will this situation change? The conviction of democratic public opinion is that it will. But this cannot happen by itself, without neutralizing certain segments of political life—particularly a controlled and highly arrogant press represented by the newspaper of the party in power. This newspaper has trumpeted an unprecedented anti-Brozi campaign and initiated unscrupulous attacks that have continued for several weeks against the President of the Court of Cassation, for the sole reason that, exercising the powers granted to him by law, he is seeking to unblock the «Nano Case» by granting the socialist leader the acquittal he deserves. Today, the press of the party in power is exerting open pressure on Brozi in every conceivable way. He is labeled, disparaged and attacked without restraint. His past is brought up, and changing his convictions is called a sin; every word of his is scrutinized, at times calling him the author of narcodollars, while he is stripped of every democratic attribute for the sole reason that he has broken away from the command center where the politics of the day is fashioned. In this latest sinister attack, other segments of power have also become directly involved, including certain statements and positions taken by the Minister of Justice, and certain positions of the Prosecutor’s Office, etc. There is no doubt that the attack on Brozi is inspired by the highest circles of power. Their dissatisfaction has been expressed at the stance taken by the head of the pyramid of Albanian justice. They have unleashed against Mr. Brozi petty journalists and judges who sign their names to documents; without sparing the dignity of the institutions they represent, they formulate one accusation after another against Mr. Brozi. This shows how vulnerable this system still is to political pressure, and how it becomes a blind and harmful instrument in the political struggle. People have the opportunity to see the so-called democratic press openly and shamefully behaving like the press of the monist period, when no one was allowed to do or say anything contrary to the line and directives of the state party. The campaign against Brozi shows that the current authorities—the ones who engineered the «Nano Case» by illegally arresting the head of the socialist opposition, even though all the facts have pointed, and continue to point, to his innocence—are interested in using the «Nano Card» to keep political tensions in the country alive. Indeed, they want to prolong this tense situation until the next elections, turning the conflict into a means of trying once again to win the electorate’s votes. In this they are taking an antidemocratic position and showing that they cannot reflect on the internal and external criticism and analyses indicating that the PD has little chance of retaining power. By attacking Mr. Brozi today, the entire judicial system in Albania is being attacked. These blows show that the independence of every court and the integrity of every judge are at risk. Intense pressure is being exerted on them so that, whenever they make a decision, issue a statement or sign something, they must consider how well it serves the party’s interests rather than the spirit of the law. Through this new anti-Brozi campaign, Albanian justice has an opportunity to learn that, in order to defend real independence based on the law, it will also have to deal for a long time with apparatchiks and officeholders at every level, and with journalists who place their pens at the service of the day’s servile interests. These few years of struggle to establish democracy have shown that attacks such as the one launched against Mr. Brozi in recent days do them honor, elevate their stature, enhance their prestige and turn them into symbols. This is what happened in the case of Fatos Nano: his imprisonment was intended to trample him down and make him forgotten, whereas in fact it elevated him to the status of a symbol. By defying these campaigns, Brozi is becoming an example of resistance to the violence of political power and of the honorable struggle to secure the genuine independence of the judicial system. ARTUR KALAJA [Unclear in source] that independence is reserved in making decisions and serving true democracy and the stability of the rule of law. ARTUR KALAJA

- Statement by the Albanian Helsinki Committee - The Albanian Helsinki Committee notes with regret that, even after our country’s admission to the Council of Europe, actions are being taken that run counter to its instruments and particularly undermine the independence of the judiciary. Freedom of the press is being exploited, and open and inflammatory attacks on the justice authorities are being launched. For several days, a broad campaign has been under way in the pages of the press, which is for the most part a mouthpiece of the party in power, against several judicial instances that have acted within the powers granted to them by law. A serious campaign of insults has been launched against the President of the Court of Cassation solely because, in accordance with the law, he decided to exercise the «appeal for the protection of legality» in connection with the Nano case. It is clear that the admissibility of this appeal under the law will be examined and decided by the Plenum of the Court of Cassation; therefore, any substantive pronouncement by the press is an attempt to prejudge the case by putting pressure on the Court’s Plenum. Analysis of the facts and the formulation of rulings are the exclusive competence of the Plenum. The Plenum of the Court of Cassation, the highest judicial authority, must be allowed to proceed calmly and examine the case free from all pressure, solely on the basis of the law, judging objectively regardless of who the convicted person is and what charges they were found guilty of. The Albanian Helsinki Committee also notes that a similar attack was launched against the Court of Appeal prosecutor in the Nano case, who called for his release. On that occasion, language far outside the bounds of elementary ethics was used, calling the prosecutor «a voice added to the red choir, the owls and the Enverist hordes». Yet the prosecutor did nothing other than exercise a power expressly granted to him by law, and the judicial body may, of course, disagree with his opinion. The highly politicized nature of these articles has nothing in common with a genuine, constructive debate. The independence of the justice authorities is one of the fundamental principles of the rule of law. No one has the right to undermine it. Albanian Helsinki Committee Tirana, 25.07.1995

The issue of the independence of the judiciary, discussed in recent years by the Albanian press and other mass-media bodies, is not new but longstanding. It received its fullest elaboration in the eighteenth century, particularly from Montesquieu in his theory of the separation of powers. We mention this to show that the courts of every state have enjoyed a certain relative independence, broad or limited, in deciding cases according to the laws of the time in which they operated. The issue of the independence of the courts must not be confused with the law, which they were obliged to apply, whether harsh or lenient, just as they are obliged to apply it today. In the rule-of-law state we are building, the independence of the judiciary from political power takes precedence as a condition for the development and consolidation of democracy, as well as for the protection of individual rights. The independence of the judicial bodies, (Continued on page 3)

- The PD appears less interested in democracy and more interested in power - In an interview given to Zëri i Popullit by Roger Mallhag, president of the Socialist Youth International, he was asked: What is your opinion of the Nano case? He replied: The treatment of Mr. Fatos Nano clearly shows that Albania has not achieved European standards for an open democracy, an independent judiciary and the rule of law. It is highly provocative to make the opposition leader a priority target. The Democratic Party appears less interested in democracy and more interested in power. This is clearly shown by its style of governing and its treatment of the opposition and its leader, Mr. Fatos Nano. The position of socialists and social democrats throughout Europe has been and remains clear. Without freedom— Nanos is a clear indication democracy, the independence of the bodies of justice, target the opposition leader as a priority. The Democratic Party seems is clearly demonstrated by its style of government and its way of treating remains clear. Without freedom- of treating remains clear. Without freedom- It is difficult to say that Albania has definitively broken away from its totalitarian past while Mr. Fatos Nano is being [unclear in source]. YOU WILL READ THE FULL INTERVIEW IN THE NEXT ISSUE.

On the draft law on the sale and purchase of land - Interview with Doctor of Sciences Hasan Hoxha - - As has been reported, the government has submitted the Law on the Sale and Purchase of Land to Parliament. What is your opinion on this issue, which, as is known, is one of the problems and cornerstones affecting the progress of reform in our country? - The issue of privatizing agricultural land has entered many labyrinths that, in practice, are not giving farmers the necessary assurance to feel that they are legitimate owners. In recent years, the failure to provide farming families with the necessary «title deeds» under the Law has also been perpetuated. The proportion of farmers receiving title deeds is indeed extremely low (at best, it does not exceed 50 percent). Where a farmer has received the land formerly belonging to them, there is hesitation about issuing a title deed because this would be contrary to the law in force. At the same time, there is hesitation even where the Law has been implemented, because the right-wing political figures view that Law with skepticism and do not agree with it. Thus, farmers currently face many problems related to the privatization of agricultural land. - In your view, what are these problems, at least the main ones? - It is clear that a portion of the farmers (especially those in the lowland areas) are involved, where ownership of agricultural land was dispersed and fragmented, and where there were no large estates whose sole owner was the state (the areas of

Although no supporters had yet arrived, a «tough officer», with experience at Police Station No. 2 in Tirana, was appointed by the Minister of the Interior, and has begun a campaign Although no supporters had yet arrived, a «tough officer», with experience at Police Station No. 2 in Tirana, was appointed by the Minister of the Interior, and has begun a «purge» campaign against most of the personnel. Following in the footsteps of his predecessors, the newly appointed official is conducting a second purge campaign, which has caused considerable dissatisfaction among dozens of officers who were specialists in their fields. M. N.

Around 12 noon on Monday, a shocking incident took place at the «Delfin» restaurant near Golem’s distinctive beach. Two armed people fired a burst of 17 automatic-weapon rounds at two people who were inside the establishment. As a result of the shooting, a 30-year-old woman was seriously wounded. She had been there with her young daughter and is currently hospitalized at the surgical hospital in Durrës. Immediately after the incident, the perpetrators fled in a «benz»-type car with Tirana plates, in an unknown direction. So far, they have not been identified. We learn from the criminal police that the cause of this incident was a quarrel that took place about a year ago. The police are working to apprehend the perpetrators. M. N.

- The request of the PSD parliamentary group is rejected, which means that the blackmail over the files will continue. - Archived in the offices of the Constitutional Court on June 6, 1995, after 48 days, the request by the PSD parliamentary group received its final answer yesterday at 9:00 a.m., when it was rejected by this court. Its chairman, Gjata, dismissed it with his ruling, calling it a matter outside the jurisdiction of the Constitutional Court (!) The path that led to this request’s conclusion in this court is a familiar one. For years, the question of whether or not to open the files on former collaborators of the State Security service occupied a central place in the pages of the daily opposition and independent press. The uproar created by the government newspaper «RD», and its accusations and blackmail against the opponents of those in power, reached its highest pitch with its attack and blackmail against PSD chairman Mr. Gjinushi, in an attempt to discredit him by accusing him of being a former agent of the secret services. Following the repeated attack in the newspaper «RD», and after the issue was raised in parliament, where a bill on opening the files of collaborators of the former State Security service was also submitted on behalf of its own parliamentary group, Gjinushi, on behalf of the PSD parliamentary group, submitted a request to the Constitutional Court with the subject «condemning the President of the Republic to fulfill and respect the obligations arising from the contents of Article 28 “On the Main Constitutional Provisions” and declaring unconstitutional the mani- (Continued on page 4)

- Three female high-school graduates hospitalized because of regular use of a dose of morphine - Police authorities destroy hectares of planted hashish plants The negative consequences resulting from continuous drug use are known to everyone. Whereas just a few years ago this psychotropic substance was not known at all in Albania, today its cultivation and use constitute one of the main concerns of society as a whole, and the problem has still not found an appropriate solution. Focusing mainly on the city of Shijak, where drugs continue to be an ongoing problem, it can be said that, in terms of the number of drug sellers, buyers and users, this city ranks among the highest in our country. The consequences of this extremely dangerous and almost daily phenomenon for this city have begun. (Continued on page 4)