ALBANIAN HELSINKI COMMITTEE

The Parliament dismissed the Chairman of the Constitutional Court, Rustem Gjata, on the basis of a Law ordering that high state officials should leave their post in case they have been involved in activities as former agents of the Sigurimi (Secret Intelligence Service under communist regime). Mr. Gjata strongly opposed this decision, he was supported also by the Democratic Party. He defied the Parliament’s decision when he tried to enter into his office, but he was taken away by police.

In a Press Conference on March 17, the Democratic Party and its allies condemned the decision of the Parliament on the dismissal of the Chairman of the Constitutional Court. They asked for the immediate abrogation of this decision, otherwise they will reconsider all their stand regarding the present situation. They denounce what is called the general attack of the establishment against the independence of the judiciary. On the same occasion, the OSCE ambassador, Dan Everts, in an interview to VoA (Albanian service) made his remark saying that it was not the proper way chosen by the Parliament for the dismissal of the Chairman of the Constitutional Court. The solution should have been found within the judiciary, he added. “Constitutional problems can be solved merely through court decision”, he said.

The Democratic Party accentuated its reaction to the dismissal of the Chairman of the Constitutional Court. In a press conference held on March 17 the spokesman of the DP stated: “We declare that in case the mandate of the Chairman of the Constitutional Court is not respected in accordance with the Constitutional Provisions, then we will consider as groundless any mandate of this Parliament and will be forced to reconsider all our stands so far”.

A round table on the actual issue of the place which should be reserved to the local power in the forthcoming Constitution was held in Vlora, on March 18. It was organized by the Association for Democratic Culture. An exchange of views took place about the most acute problems arising at this moment, in particular about the relationship between the local power and the central government. The participants insisted upon the necessity to attract as much as possible the opinion of the citizens in the process of drafting the new Constitution.

The AHC issued a statement on March 20 criticizing the way the question of the Chairman of the Constitutional Court was tackled by the invested authorities and the opposition Democratic Party, as well. The Chairman of the Constitutional Court was removed following a denunciation by the Commission for the Verification of the Moral Figure of top officials, revealing that Mr. R. Gjata has been for many years “a voluntary collaborator of Sigurimi”. In its statement, the AHC pointed out that from the point of view of a organization of HR this fact cannot be undervalued. However, too much noise was made around the case, instead of resolving it in a discreet manner. The opposition added to the dispute by making this one more item of political confrontation. Furthermore, the epilogue was very regretful, when police took away by force the former Chairman in the middle of the day and in the eyes of passersby. “This should not be the image of the Albanian political debate”, it was concluded.

The Parliamentary Commission for drafting the Constitutional adopted this week the preamble of the Constitution. The debate started on its first chapter, which contains the fundamental principles. The Commission has also decided the form of the regime of the Albanian State, opting for the parliamentary republic. It was also decided that “ruling in Albania will be based on a system of free, fair and periodical elections”.

A round table was organized on March 20 in Tirana buy the AHC in the framework of the Project on Local Power. Representatives of various branches of local administration took part. The meeting was also attended by officials of the Central Government, among them the Minister in charge of the Institutional Reform, Arben Imami. Two envoys of the IHF followed the event: Ms. Christine von Kohl and Petra Winter coming to Tirana in a special mission. A lively exchange of views took place and a wide range of problems were addressed. It came out from the discussion that the local autonomy is at its initial phase; much remains to be done to reach a substantial improvement of the local administration, in order to turn into concrete terms its autonomy versus the central government.

During her stay in Tirana Ms. Christine von Kohl was received by and had talks with the President of the Republic, R. Meidani, the Prime Minister, F. Nano, the Foreign Minister, P. Milo, and the Minister of Interior, N. Ceka.

In an interview with a group of HR activists of the Albanian Helsinki Committee on March 21 the Foreign Minister, P. Milo, said that there is no movement of refugees from Kossovo as a result of the latest events in Kossovo. “At least, for the time being - he added - but we remain on alert”.

In receiving the US special envoy to the Balkans, R. Gelbard, the President of the Republic, R. Meidani, said that the option for a republic of Kossovo within the Yugoslav Federation would have been a realistic solution. The same option was expressed by the Prime Minister, F. Nano, who spoke of the status of Kossovo as a republic in the framework of Yugoslav Federation as the most appropriate and realistic solution of the crisis under the present circumstances. This was appreciated also by the Chairman of the opposition DP, S. Berisha, who praised what he called the “assumption of the formula of the opposition by the government regarding the Kossovo problem”.

On his part, Mr. Gelbard said that the US are for a wider status, which would create appropriate conditions for the respect of human rights and self-government in Kossovo, but within Yugoslavia. In addition to this, Gelbard appreciated the proposal make by the Albanian leader, I. Rugova “to create a consultative commission, which would pave the way for negotiations”.

The invitation to the Republican Party to take part in a round table together with the DP parliamentary group of MP, to discuss the process of constitution was rejected by the Republicans. The spokesman of this party reiterated in a press conference on March 21 its position saying that “the Constitutional Drafting Commission appointed by the Parliament is the only competent body in this matter”. Cochairman of this Commission, S. Godo, said that he would be ready to discuss any proposal and suggestion of the DP on the constitutional process, but only in the framework of the Constitutional Commission.

According to reports appeared in the press on Sunday 22, the Chairman of the OSCE, B. Geremek, expressed his support for the restoration of the autonomy of 1989 as the solution to the Kossovo problem. To the demand whether the option of a republic for Kossovo within the Yugoslav Federation (Serbia, Montenegro) as a third party, Geremek said that all options should be considered in the forthcoming bilateral discussions in the presence of an outside mediator”.

Tough measures were reported during the week against two judges in Tirana. The first is Prele Martini, former chairman of the Central 2 degree Court in the capital, accused of bribery. The luxurious villa built recently in “New Tirana Quarter” was brought in as a proof of his corruption. As a result, Mr. Martini is now under the penal investigation in absentia (he is out of country), while the villa has been sequestered.

The second is the former Chairman of the Court in Tirana, Q. Gjonaj. He is under charges of being involved in illegal possession of four machine guns. The Supreme Council of Justice decided to dismiss him as a judge as he “was found in possession of it machine guns, without permission”. It was made known in the press that Mr. Gjonaj has been delivered 6 machine guns by the SHIK (Secret Service) during the last year disturbances. Mr. Gjonaj rejected the accusation arguing that the weapons were given by him to his friends to “protect him from the criminals”.

In a press release issued on March 22, the Republican Party (right) condemned as irresponsible the pronouncements of the General Prosecutor and the Minister of Interior against the Cassation Court which was called as “nest of criminals”. It is a clear attempt to undermine the independence of the judiciary, - it was added - and the story continues as in Berisha period. At the same time, the taking away by the force of the former Chairman of the Constitutional Court by police - was also condemned, although the RP strictly abides to the principle that nobody involved in spying activity during the totalitarian regime should keep high rank office.

It is reported in the press that the situation in the main prisons in Tirana is furthermore worsened, following the latest rebellion of the prisoners there. Disorder and confusion have grown because of the overpopulation in the cells, as a result of the works going on to repair the damages. The advocates and judges, as well, are complaining as the defendants are not appearing before them due to the fact that the escort teams are not doing their job.

Government sources reported in the press on March 24, speak of a substantial rise of the salaries for judges to bring them in line with the salaries for the legislative and executive branches, to be considered soon by the Parliament. This measure is intended to strengthen the position of the judiciary, to rise the individuality of judges and to protect them from corruption, - some of the representatives of the coalition in power commented. In the opinion of opposition MP-s, this is not enough to resolve the most acute problem of the judiciary at present, which is the independence of judiciary now under serious threat by continuos interference of both the executive and legislative branches.

The Court in Durres pronounced one more sentence to death on March 24. This was at the charge of a young man 25 years old, S. Tarko, who was found guilty for killing last September a woman and her 8 year old boy. This is the first death sentence pronounced by the Court in Durres since 1995. It will be remembered that Albania has undertaken to abolish within 3 year period death penalty at the moment of joining the Council of Europe in July 1995. As a matter of fact, no condemnation to death has been executed in Albania since then. During the last three months, the Courts in Albania have ruled three death penalties, but none was executed.

The Albanian Helsinki Committee issued a statement on March 26 criticizing an article appeared in the newspaper “Zeri i Popullit” of the SP in power, attacking the Chairman of the Cassation Court (the Supreme Court), A. Shehu for a decision of this Court on a civil law case taken within the competencies prescribed by law. The AHC called this as an attempt to exercise pressure on the independence of the judiciary. At the same time, an appeal was addressed to the press and media to show more restraint in dealing with the judiciary.

A feeling of disappointment was expressed in particular in the opposition and independent press regarding the issue of the meeting held in Bonn on March 25 by the Contact Group to discuss the situation in Kossovo. The main point is - it is remarked,- that further sanctions are blocked and four more weeks are accorded to Milosevic to start a meaningful dialogue with the Albanians. In the meantime Milosevic is renewing his drive against the peaceful unarmed population and is giving tribute to the most extreme circles by nominating the radical Sesel as deputy prime minister of the central Government.

The mayor of Tirana, A. Brojka, expressed his dissatisfaction regarding the state budged assigned to the capital for 1998. This budget amounts to 1.8 million USD. Brojka argued that this budget is far from the real needs of the city. It would suffice only for about 5% of road repairing and some minor improvements in sewerage, housing, etc. Some very problems of emergency, related to the growing number of new comers settled already in Tirana suburbs, are left out of due attention, Brojka added.

In a statement issued on March 26 the AHC expressed deep concern at the campaign going on in some press and media in Greece against the Albanian workers there. There is a tendency to hold them responsible for the rise of criminality in Greece. This xenophobic campaign is contradicting both the international instruments on HR and the spirit of the relations between the two countries,- it was added. According to press reports some 3000 Albanian workers were returned back from Greece during this week. Most of them did not have any documents, while some other told that their documents were destroyed by Greek police.

The Democratic Party reaffirmed that it would participate in the Commission in charge of the Draft of the Constitution on condition that it is given the post of one of the cochairmen of the Commission and, in addition to that, to have enough votes within the Commission which would enable the DP to block the adoption of the provisions unacceptable for them. One of the chairmen, S. Godo, said he would leave the post condition that the DP put the question before the Parliament and if such a decision is approved by the latter.

In a rally in Kavaja (central Albania), on March 27, the Chairman of the DP, S. Berisha, reiterated his demand for a technical Government and early elections.

The Socialist Party, now in power, asked in a statement released on march 28 the presence of NATO troops in Albania, saying that this is the only way to secure peace in the region. The spokesman of the SP, P. Majko, chairman of its parliamentary group, told in a press conference that, without the presence of NATO troops, the stability in the region is under serious threat. In particular, the presence of the American troops in Albania is considered most necessary, as although the Greek and Turkish units are already here on behalf of NATO, the two countries have problems with each other, and this could render the situation rather complicated under determined circumstances.

The Defense Minister, S. Brokja, denied arms infiltration into Kossovo from Albania. “The situation is tense inside the territory of Serbia, but there has not been any problem in the border area with Albania”,- Brokaj said.