ON 2 AUGUST AT THE SPORTS PALACE On Wednesday, 2 August 1995, from 19:00 to 20:00, the Steering Committee of the Socialist Party of the city of Tirana is organizing a mass rally at the “Asllan Rusi” Sports Palace (former Partizani). On Wednesday, members and supporters of the Socialist Party of Albania, as well as residents of the capital, will take part. Tirana SP Steering Committee

MEMORANDUM: From a group of deputies of the People’s Assembly, addressed to the President of the Republic of Albania, Mr. SALI BERISHA. For information: To the Speaker of the Presidium of the People’s Assembly, Mr. PJETËR ARBNORI. TIRANA. At a time when public opinion in Albania and throughout Europe welcomed and hoped that Albania’s membership in the Council of Europe would constitute an important guarantee for full respect of human freedoms and rights and for the further consolidation of democracy on the basis of advanced standards, a series of phenomena are instead becoming evident in Albania that flagrantly contradict the commitments made by our senior representatives in this prestigious institution, which monitors the progress of democratic processes in member states. — In open opposition to the declared commitment of Arbnori, to review the Nano case objectively on the basis of the newly adopted codes, the independent activity of the judicial bodies at two levels—the Court of Appeal and the Plenum of the Court of Cassation—is being deliberately manipulated and sabotaged. Open pressure is being exerted on senior representatives of the judiciary, with the aim of denigrating their character and undermining the independence of these bodies. In complete contradiction with the resolutions of the Inter-Parliamentary Union adopted in Copenhagen in September 1994 and Madrid in March 1995, as well as the public decisions of the Committee on the Human Rights of Parliamentarians in Geneva and the requests of the Council of Europe rapporteurs, the political authorities in Albania are stubbornly taking obstructive positions by keeping in prison the deputy of the People’s Assembly and Chairman of the Socialist Party, Mr. Fatos Nano. While these important international documents call for Mr. Nano’s trial to be reviewed under normal conditions and in strict compliance with the law, the Albanian state is disregarding these commitments and does not hesitate to attack and amend even legislation recently adopted by the People’s Assembly, with the sole purpose of preventing a review of the trial and the release of the deputy, Mr. Fatos Nano. To prevent a review of the Nano case, at a time when the Rome Court on 26.7.1995 dismissed on the merits the main charges of favoring the Italian side in the delivery of humanitarian aid, and when the Plenum of the Court of Cassation decided to review the case in September 1995, an amendment is being made to the newly adopted Code of Criminal Procedure that removes this prerogative from the Plenum of the Court of Cassation. The following day, Parliament was asked to vote on a bill amending the new Penal Code, which would make Fatos Nano ineligible for release under that code because of a deficiency in it. Motivated by our desire and obligation to defend and consolidate the rule of law and to effectively protect human freedoms and rights, we call for: You to honor the promises that you and senior representatives of the Albanian state made to international institutions and the Council of Europe. You to annul the politically motivated amendments, serving revenge, to the Penal Code and the Code of Criminal Procedure. You to make way for justice and its bodies to judge the Nano case independently and to release Fatos Nano from prison as soon as possible: Yesterday, on 31.7.1995, a meeting of the Presidium of the Socialist Party of Albania was held under the chairmanship of the party’s Deputy Chairman, Dr. Servet Pëllumbi. The meeting discussed with particular concern the political situation in the country and recent developments that demonstrate its further escalation and the authorities’ fear of future developments and of losing their corrupt hold on power. This stance is also reflected in the political pressure and orchestrated behind-the-scenes maneuvers against the judiciary during the review of the Nano case in the Cassation, and in the amendment of laws through falsifications and serious manipulation, with the aim of turning them into instruments of political revenge. Dangerous steps in this antidemocratic strategy include the deliberate pursuit of a policy of confrontation, attacks and accusations against the Socialist Party, the absurd rejection of every SP initiative for constructive dialogue between government and opposition, and, in particular, the SP’s call for social peace and an electoral peace pact. The leadership of the DP learned no lessons from the Albanian people’s mature stance in the referendum of 6 November. On the contrary, it has moved rapidly toward deviation, dictation, manipulation of democratic institutions and Parliament, and their complete elimination. The positions taken recently by sections of the authorities, as a result of political orders, toward Socialist Party Chairman Fatos Nano show the feverish anxiety that has gripped Berisha in pursuit of his aims. The adoption of an amendment to the supplementary provision of Law No. 7941, dated 31.5.1995, relating to the new Penal Code that has just entered into force, is fresh evidence of the brazen elimination and sidelining of democratic institutions in Albania. The Socialist Party of Albania has continuously denounced this strategy of unrelenting tension and has insistently called for the protection of democratic institutions and the creation of genuine space for democratic competition between alternatives and for dialogue between government and opposition. The Socialist Party calls on all Albanians, members and supporters of the SP—and not only them, but all honest people—to understand this strategy and the great danger it poses to democracy, Albania and the Albanian nation. We call on everyone not to remain indifferent to any concern, and to rise up and protest through democratic means and methods, to block this strategy aimed at dictatorship. The Socialist Party will file criminal charges against those who falsified official documents and seriously violated constitutional law, as was established in connection with the hasty adoption in Parliament of an additional amendment to the law relating to the new Penal Code. Only new elections, which have now become an urgent necessity, can put an end to this strategy and to attempts to establish dictatorial rule in Albania. Only new general elections will create genuine democratic space for the effective functioning of democratic institutions in a state governed by the rule of law and for free democratic competition between democratic alternatives. The meeting also discussed further intensification of work and comprehensive preparations for the forthcoming general elections, as well as several local-government issues. The Presidium also discussed the activities of the Socialist Women’s Forum and the further development of its work in keeping with the new political circumstances. Spokesperson for the Socialist Party of Albania

The new building of the Tirana Prosecutor’s Office is inaugurated — Journalist Mirela Ndini is charged, becoming the first woman journalist to face criminal prosecution. — Yesterday was the first working day at the new building of the Tirana District Prosecutor’s Office. As is understandable, the Prosecutor’s Office could not begin its new work without opening a case involving its main clients, such as the journalists of «Zëri i Popullit». Thus, yesterday, the newspaper’s youngest journalist, Mirela Ndini, appeared at this prosecutor’s office pursuant to a summons that ended with the phrase: «Failure to appear will result in being brought in by force». Apparently, for the journalists of «Zëri...», appearing at the prosecutor’s office is part of their work experience. Mirela Ndini’s case is also the first cas— (Continued on page 3)

the People’s Assembly and the chairman of the Socialist Party knows no bounds AGIM TIRANA, LAWYER In his preliminary requests, at the very beginning of the trial, Prosecutor General Mr. Dragoshi said: «The Chairman of the Court of Cassation, Zef Brozi, expressed an opinion on Fatos Nano’s criminal liability during the investigation phase of this case. Therefore, relying on Article 111 of the Code of Criminal Procedure, we request his removal from the trial of this case, since this constitutes a circumstance giving rise to serious doubts about his impartiality in examining the case». The meeting at the Prosecutor General’s Office with the investigators handling the case and other specialists, at which the facts and evidence gathered concerning the methods and irregularities in the disbursement of Italian aid were analyzed, took place on 19 and 20 July 1993. These dates correspond to a period more than two months after the opening of the criminal case for the offence of abuse of office, provided for under Article 106 of the Penal Code. On 30 July 1993, Fatos Nano was charged with the criminal offences of abuse of office and falsification of official documents, provided for under Articles 106 and 110 of the Penal Code, and his arrest was ordered at that point. He was accused of the criminal offence of misappropriation of state property, provided for under Article 62 of the Penal Code, only one day before the investigation was declared complete and just eight months after the meeting in question, at which Zef Brozi is said to have expressed an opinion. The request for protection of

The newspaper RD, in its 30 July 1995 issue, continues its repeated claims by giving prominence to the «secret participation» of an SPA delegation at the National Conference of the Bulgarian SP, as well as to secret meetings allegedly held there with the SP of Serbia, etc. Such fabrications once again reveal the depths to which the DP’s official propaganda has sunk. The SPA, which had no opportunity to keep the political situation in the country tense, responded to the Bulgarian SP’s invitation to attend its conference by sending a message of greetings, with best wishes for the conference’s success and for the further strengthening of the close relations between our two parties. Under these circumstances, the truthfulness of the SPA delegation’s secret participation in this conference, and of the secret meetings held there and «discovered» by the RD grapevine, is plain to see. Spokesperson for the Socialist Party of Albania.

TIRANA LAND DISPUTE There are 44 heads of household from the village of Qinam in the Zall Herr Commune in Tirana who have brought to «Zëri i Popullit» the fact that the agricultural land has still not been distributed in accordance with the law adopted by Parliament. It has been three years, they say, since the lands were distributed to the former owners, while we... [partially illegible] Efforts are being made to resolve once and for all the dispute, which is already known throughout the community. Meanwhile, the farming families have neither any means of economic survival nor social assistance. They urgently ask the local authorities, the district authorities or the prefect to intervene so as not to leave the 44 families stranded; they warn that they will go on hunger strike. SEIT LITA

Dear Mr. President Defamation case against Arban Hasanai. Brussels 28.7.1995 Dear Mr. President, Defamation case against Arban Hasani. Brussels, 28.7.1995 The International Federation of Journalists (IFJ), which represents more than 400,000 journalists worldwide, was concerned to learn of the lawsuits brought against the editor-in-chief of the newspaper «Populli Po», Arban Hasani. Following the murder of Gjovalin Çekini, «Populli Po» reported on 26 May that a former police officer identified ... by the name of Pal had been arrested as an accomplice in the murder and that SHIK had ordered the killing. On 20 June, Mr. Gashkim G..., deputy chairman of SHIK, filed a defamation suit concerning a public official under Article 240 of the Criminal Code, even though he was not mentioned by name in the article. We welcome the news that the defamation suit was withdrawn at the hearing on 27 July, but note that it damaged Mr. Hasan’s reputation. At the same hearing, a new suit was filed under Article 5 of the Press Law, alleging that the article contained false information. We hope that the press is required to verify the truthfulness of information before publishing it. At the 27 July hearing, the prosecutor considered the information published in «Populli Po» to be frightening, according to documents... which stated that a police officer named Pal Nikaj had ... for another murder. But these documents do not purport to prove that the former police officer Pal Nikaj is the «Pal» referred to in the «Populli Po» article, nor do they in any way confirm that «Populli Po» had the opportunity to seek information that it was unable to use. The argument used by the prosecutor almost illustrates the ambiguity of Article 5. The International Federation of Journalists calls on you to dismiss the charges against Mr. Hasani, since it has not yet been proven that the article was untrue. The International Federation of Journalists also believes that Article 5 of the Press Law could seriously restrict press freedom because it imposes a heavy burden of verification on the press, making journalistic investigations impossible. Article 5 of the Press Law is also in conflict with the European Convention on Human Rights, which gives states the right to freely receive and impart information. The International Federation of Journalists will continue to follow this case and, in cooperation with the freedom-of-expression organization Article 19, we will be prepared to appeal to the European Court of Human Rights if Mr. Hasani is found guilty. Yours sincerely, BETINA PETERS Deputy General Secretary

Violence used to resolve the conflict An «in extremis» solution was preferred: the use of force against the villagers of Bulçez and Bryz, who, according to official reports dated 29 July 1995, had halted work on the Bovilla reservoir dam and allowed the drinking water that was to supply Tirana to flow into the river. After their first contact on Saturday with the chief of Police Station No. 4, Cezar Torra, the villagers also received a promise that by 11 a.m. on Monday he would find a lasting solution for them, to which he had given them his word. But the police station chief was unable to step outside his profession. In the early hours of Monday morning, accompanied by large forces of the rapid intervention unit and the police, he carried out a raid in which, according to the villagers’ testimony, violence was used, taking them to the T- prison... (Continued on page 2)

The international centre against censorship, Article 19, has written in recent days to the President of the Republic of Albania, Sali Berisha, expressing its concern over the detention of journalists Filip Çakuli and Naim Morina at Tirana Police Station No. 2, as well as the unjustified confiscation of materials belonging to the magazine Hosteni 2000. Among other things, the letter states: «Article 19 considers this detention a serious violation of press freedom and the right to freedom of expression, which the Government of Albania is obliged to protect as a state party to the International Covenant on Civil and Political Rights and now as a member of the Council of Europe. Article 19 also calls on your government to ensure that publishers, journalists and all media workers are not subjected to harassment or threats by the police and are free to practise their profession and to seek, receive and impart information without hindrance. Finally, Article 19 urges the Albanian Government to publicly commit to full respect for the European Convention on Human Rights, including the right to freedom of expression and information, and to protecting and advancing press freedom.» FRANCES D'SOUZA Executive Director

Arbnori to objectively reconsider the Nano case concerning this judicial procedure and trial process and the release of Member of Parliament Mr. Fatos Nano from prison: