Koha Digest # 151

Front Page: Prison for the children of the Republic

Date: 4 June 1997

EDITORIAL

PRISON FOR THE CHILDREN OF THE REPUBLIC

by VETON SURROI

The just ended trial against 20 Albanians in Prishtinë didn't differ much from the nature of the
accusation and, from the torturous nature of the extraction of the accusing material, and
finally, it didn't differ much from the draconian punishment. The Serbian judiciary seems to
have a blank form in which it fills out the names and last names of the accused, together with
other personal data and thus, with the skimming two-three paragraphs' explanation in the
indictment, it sets the sentences, which have also been determined even before the trial.
Such a production line of years in prison for the Albanians, remains unchanged also in the
juridical argument: the threat to territorial integrity, the establishment of hostile groups.
The state which was built up on the foundations of state terrorism, the violation of the lives of
thousands of thousands of people during the disintegration of Yugoslavia, not only has no
moral right to accuse anyone of any "hostile activities" and "threatening the territorial
integrity", but has not a sure existence. This is why the prison, why the trials, why violence.
Nevertheless, there is a small demarkation line between this and the other trials. Both the
Serbian regime and the Kosovar society is entering the phase in which the generation that
grew up in conditions under the 1990 occupation is being judged. The majority of the accused
had been attending high school and university classes in the "parallel system", forced out
from their school buildings. And the majority of them, since the initial euphoria following the
proclamation of the Republic of Kosova, the years of the daily debate on the fate of Kosova
and up to the recognition of the "FRY" by the EU, were the daily subjects of the Kosovar
crisis of the '90s.

For the Kosovar society they are a barometer: lacking a thorough social survey on where this
generation is headed. Towards the dissatisfaction with the social stagnation, towards the
disappointment with the unachieved promises, towards understanding that the present
political structures, with their inertness, can't change the situation.

For the Serbian regime, they are also a barometer: with all the trials, with all the repression, it
is now dealing with a generation, which has strengthened its conviction on the occupying
nature of the Serbian regime. The regime that has counted on that the political thinking and
acting of the Albanians will become softer is now facing a strengthening and harsher new
generation.

The weekly Koha (The Times) was published in Prishtina (Kosovo) between 1994 and 1997. Edited by Veton
Surroi, a young Kosovar journalist and one of the pioneers of democratisation in former Yugoslavia, Koha
soon became a symbol of quality among the region's media. In 1997 it started to be published daily under the
name of Koha Ditorë. W ith the kind permission of Mr. Surroi, Koha digests were originally posted on
http://koha.estudiosbalcanicos.org.
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We have maybe come to a symbol that shows the turning point and the trial could be only the
top of the iceberg, which talks of a much more serious movement inside the Kosovar
population. For the present political actors, this turning point brings an enormous number of
enigmas.

KOSOVA

ALBANIANS, SEE YOU ON TUESDAY

by BESIM ABAZI / Prishtinë

Twenty Albanians - Avni Klinaku, Mujë Prokupi, Liburn Aliu, Dylber Beka, Gani Baliu,
Nebi Tahiri, Shaban Beka, Hajzer Bejtullahu, Enver Dugolli, Emin Sallahu, Shkurie Rexha,
Naser Tahiri, Dulah Sellahu, Ragip Berisha, Burhan Hasani, Majlinda Sinani, Arsim
Retkoceri and Beton Retkoceri, charged for being members of the National Movement for
Liberation of Kosova, were sentenced from 2 to 10 years in prison.

All of them were sentenced based on the indictment of the deputy prosecutor of the Prishtina
Regional Court, Jovica Jovanovic, that charges them with "association for hostile activities"
and "the threat to the territorial integrity" (crimes sanctioned pursuant Articles 136 and 116 of
the Criminal Code of the so called Yugoslavia). Seven of them were also charged for
"terrorism", sanctioned by Article 125 of the same law. As the indictment says, the charged
ones have done "incriminating activities" from December 1992 and onto the day of their
arrest. It also says that they created an "illegal organization which threatened the territorial
integrity of Yugoslavia and the secession of Kosova and other lands inhabited by Albanians,
the creation of their independent state and it's union with Albania". They were also charged
for the preparation and the distribution of a bulletin called "Çlirimi" (Liberation), organ of the
National Movement for the Liberation of Kosova (LKÇK), for gathering guns and
ammunition, for sketching plans of Serbian military and police buildings in Prishtina. They
were also charged for "terrorist activities", and for having planned the physical elimination of
the members of the Serbian Interior Ministry.

All the sentenced were arrested during the campaign of arrests in January and February, when
60 Albanians found themselves behind bars, as the police reported. The arrests were a sign
that "stormy times" were coming, and Albanian subjects warned that "Albanians themselves
can not keep the peace in Kosova, and that the bloody conflict can be initiated only by Serbs
and without the contribution of Albanians in this matter".

Anyway, this process is only the beginning of a series of trials, because other trials against
other arrested Albanians, accused of "terrorism" and being members of the "Liberation Army
of Kosova" (UÇK) are expected to start soon.

This process, from the very beginning, was called a "prefabricated and/or framed-up political
trial", which "aims at the incrimination of the freedom of expression", therefore Albanian
subjects have constantly asked for the end to these trials. The defense has also claimed that
"the acts the accused are charged for do not represent an incriminating activity". But, as
attorney Fazli Balaj said, "the law does not exist to justify the charge of the prosecutor and
state". The defense has constantly warned that this trial is going to be same as many other

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previous trials, constructed on the "self-indicting statements of the accused made under
pressure and physical torture, although even by Serbian laws, the use of force is forbidden".
The accused were not able to use their right of receiving the indictment in writing and their
consultations with their lawyers were obstructed by state institutions. And the absence of
proofs was confirmed during the major hearing, even by the chairman of the judicial team.
Dragoljub Zdravkovic said that "there are only few proofs". But, their absence was replaced
by the statements of the accused given during the investigating procedure carried out by the
State Security. These statements were the "fundament" of the indictment and of the
announced verdict, because, except for a gun and "Çlirimi", there were no other proofs. This
didn't stop the prosecutor from bringing some plans into the courtroom as "material proof".
These plans dated from the 60ies, the time when most of them had not been born yet. As
Shukrie Rexha said, when she was addressing the court for the last time, "we are being
tortured because we think in Albanian, we speak in Albanian and we write in Albanian".
Some of them were sentenced also for "terrorism", although as the accused said, "if at the end
of the 20th century and the beginning of the 21st century terrorism is conducted by pen, then
we are terrorists".

This trial was given a high publicity in the media and also by the state top officials. In the
beginning of the campaign of arrests in Kosova, the head of the Serbian regime Slobodan
Milosevic himself greeted the highest police officers for the "successful struggle against
terrorism in Kosova". And the visit of the Serbian police minister served as a "legitimation"
of this trial and as a pressure on the court. Planned or not, one day prior to the verdict, the
leaders of rump Yugoslavia gave statements on "the status of Kosova" and the war against
"terrorism".

Anyway, this trial will be a continuation of the previous, "usual", trials which are a
characteristic of Kosova in these past years. Hundreds of Albanians sentenced in the trials
against the "Ministry of Defense" or the "Ministry of Interior Affairs" or sentenced as
"soldiers of the Republic of Kosova", are in prison or are expected to be sent to prison. This
trial represents an opening of a new period of "the struggle of the present regime for gaining
political points" before the Serbian elections. Even the armed incidents in Kosova in which,
mysteriously, several persons were killed or injured, were qualified as Serbian efforts for "the
legitimation of the Albanian terrorism".

But this trial was also an object of discussions among Albanians. Dr. Bukoshi's Government
in Exile, reacting to the trial, said that "the leadership of Kosova should be put on trial". And
the Party od the National Unity (UNIKOMB) said that this is a "result of the lack of the
preparedness of the Albanian leadership to accomplish the will of the people expressed in the
referendum". This party also asked for "protests in front of the court, refusals to talk to
foreign delegations during the trial, and pressures on the jury. The Parliamentarian Party of
Kosova said in a statement that "the stand of the accused inside the courtroom and their open
statement that they do not accept an alien judiciary, is the best proof that those youths, but,
also thousands of others, will not accept the solution for the problem of Kosova inside
Serbia". PPK thinks this is a challenge against the international suggestions regarding this,
suggestions which resulted in the postponement of the elections".

Anyway, the figure of 107 years of prison for 20 Albanians sentenced in this process, will
only enlarge the figure of the sentences, which during the 80ies had reached 25 thousand.
And during these last years, some other hundreds of years were added to that figure, but the
general count is not known yet. How many more years of prison will Albanians have to "do"?

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INTERVIEW

BAJRAM KELMENDI, Attorney at Law

THERE ARE NO COURTS HERE

Interviewed by LUNDRIM ALIU / Prishtinë

KOHA: What are your comments on the verdict?

KELMENDI: Today's verdict of the Regional Court in Prishtina is an absurd verdict that can
not be understood and justified in any way. I consider that this trial is a result of the fact that
the framed political trial was obviously discredited and compromised during the hearing.
We wanted to verify our claims that the accused did not posses guns, that they did not make
plans for committing acts of terrorism or attempts for violent secession of the territory of
Kosova from Yugoslavia in order to unite it with Albania. So we proposed that those guns
mentioned in the indictment be brought and demonstrated in the courtroom as a proving
evidence. Since the indictment refers to guns, automatic rifles, explosive materials, the court
agreed to accept our proposal. The hearing was interrupted with the justification that those
guns will be brought immediately and will be demonstrated as proofs in the session, but even
after two hours of waiting in the hall-way, along with several diplomatic representatives of
some foreign embassies in Belgrade, the president of the jury communicated us the fact that
the guns do not exist. So, our suggestion was not registered in the minutes with the
justification that the nonexisting cannot be registered as a proofs. I insisted that this statement
is included in the minutes of the hearing. Therefore, I think that since the culpability of the
accused was not proven, the severe punishments were given to create an impression in the
domestic and foreign opinion that there was no doubt regarding the guilt of the accused. So
the court gave them the maximal punishment. This is one of the reasons that influenced the
verdict. Since it was shown that there were no arms, the accused should either be released or
given minimal punishments. But, instead, drastic sentences were given to show that the court
was fully convinced of their guilt.

KOHA: What are other reasons for such severe sentences?

KELMENDI: This was only the first reason. The other reason is the dignifying posture of the
accused, first of all of Liburn Aliu, Avni Klinaku, Dilber Beka before the court. They said
that they disregard, that they do not recognize the court, that they consider it a occupier's
court and that they do not expect any justice from it. So they did not present their defence
before that court, stating that they would do it only before the people's court. This influenced
the head of the court, although they should have been judged for their incriminating acts
committed before being arrested and not for their stand or behavior in the court. Although the
court does not say this, this is the second reason that influenced the verdict. Let me tell you
this: Mujë Prokupi, who had a different stand, although he is the second accused, and
although he is being judged for the same crime, he got a lower sentence. And the third reason
is the intimidation of the Albanian population with these punishments, so they give up on
their requests, thus telling them that every Albanian should expect such punishments. And as
you know, by law, the punishment has a preventive effect - to frighten others. We had
political trials of this nature before, like the one against the so called Defense Ministry and
against the Ministry of Interior. And in these trials, such high sentences were not applied.

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These three are the reasons for the pronunciation of such severe punishments and not the
activity of the accused or the threat they represent for the society. I consider this trial an
absurd and monstrous one. A trial that shows that these courts are not searching for the truth
or justice. All of the accused are young people, mostly students, who had never before had a
conflict with the law. Nevertheless, the court sentenced them to maximum punishments.

KOHA: You know the Zdravkovic-Jovanovic double. Are they people who have close ties with
the State Security and who work by their orders?

KELMENDI: I said it before that courts and attorneys in these political trials are only
instruments of the bodies of the police. During the whole procedure, the defense was
neglected the rights guaranteed by the Law on Criminal Procedure. The police bodies order
the courts to exclude the defense from the penal procedure. Thus, during the whole inquiry
the accused were denied professional assistance. The defending attorneys had no access to the
files, they can't assist the interrogation or at least look at the proofs. The courts serve the daily
politics. These courts do not seek justice, but they rather try to find someone guilty. The
hearing which is the most important phase of the penal procedure, is nothing more than a
farce here, a parade. The decision of the court in this case was based only on the statements of
the accused which were extracted illegally during the inquiry, just after they were tortured in
the premises of the secret police and were interrogated by the investigating judge during the
night and without the presence of the defense. What court can call itself a court if it does not
accept the suggestion of the defense to send it's client to be medically examined and make the
verification of the injuries the accused suffered during interrogations. There are no courts
here. This court, as it acted in this case and in previous cases, can do it's judging without any
sessions at all. The verdict of the court is based only on proofs. Then, if in the main session it
is stated that there are no weapons and therefore they can not be administrated as proofs, how
can such punishing verdict with such severe sentences be proclaimed?

KOHA: You have already stated that the presence of the attorneys is actually formal. On
June 3, another trial is going to take place. Will your presence there be only formal again?

KELMENDI: Unfortunately, our presence is important only to dissemble the construction of

the trial. If the lawyers were not present, nobody would find out that the guns mentioned in
the indictment did not exist. The lawyers cannot influence in the punishment of innocent
people. This is a matter of their conscience. But how could all of this be revealed, if the
lawyers weren't there. If Albanian lawyers were not present in this trial, nobody would
suggest that arms be brought for administration as proofs and the conclusion would be that
those arms existed. After we made that request, the court called for a 15 minute pause so
those arms could be brought in. After two hours, not knowing how to justify this to the
diplomatic representatives present in the session, the court said that arms do not exist and
therefore they can not be administrated as proofs. In the next trial which starts on the 3rd of
June, 15 Albanians are accused of terrorism pursuant Article 125 in conjunction with Article
139 of the Criminal Code of Yugoslavia. The punishments for these acts are very severe - 20
years in prison, the maximum. Thirteen of the accused are fugitive and will be judged in
absence. One of the accused, Ali Nura, has since the beginning negated to have committed
any terrorist acts. So, he is not accused of terrorism, but as an accessory - transporting and
guarding the rest of the accused. This too is a serious charge. The other accused whom I
defend, Idriz Asllani, is accused of two terrorist acts which resulted with no human casualties.
One of them was committed in the refugee camp and the other one in the military garrison in
Vushtrri, where allegedly two bombs were thrown, and only material damage was caused.

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Both acts are negated by my client. He also claims that his statements were extracted by
violence applied against him by the police services.

KOHA: Some say this is a shameful trial of the occupier, but, also a shameful silence of ours.
What are your comments on this?

KELMENDI: The occupier does not choose means and this trial is another aspect of
repression. And when it regards our stand, I think I'd better not comment it.

KOSOVA

UPSIDE-DOWN

by ARBËR VLLAHIU / Prishtinë

If the national movement in Kosova cannot consolidate and if it does not overcome the
divisions, different alternatives will appear in the Albanian political scene; starting from a
“moderate group” and up to a kind of radicalization. Different political circles accentuate the
fact that this lasting politics has created an “institutional vacuum”, and has also caused an
identity crisis of the movement. The big losers, the conditionally small political parties
always stress the monopoly of the “LDK” in Kosova, and it’s indetermination whether it is a
movement or a political party. Despite the success in foreign diplomacy, the political "bazaar"
considers that Albanian leadership showed no success in the internal aspect, therefore
problems have layered. But, “PPK” claims that the identity crisis of the national movement is
caused by the internal crisis in the “LDK”. “LDK and Rugova are the personification of
movement for independence, and in case they fail, the Albanian political movement for
independence will suffer a big blow”, they add. Bajram Kosumi, vice-chairman of PPK,
stresses that the Albanian factor made three mistakes in the past couple of years: first, it
signed an agreement on education, secondly, it accepted Van der Stoel as negotiator for
Kosova, and third, it postponed the elections. Some political circles claim that “this must be
paid for”.

If nothing else, Rugova’s decision to postpone the elections has inflated the crisis inside LDK
and crystallized the positions of different fractions inside it. The crisis that began before the
Second Convention of this party, and which reached it’s peak after it, has determined the
divisions. Bujar Bukoshi, second in the Albanian political hierarchy, joins the criticisms
against Kosova's leaders, which confuses the political discourse of the Albanian movement
even more. His statements, made immediately after the trial in Prishtinë started, evidence that
the splitting inside Albanian subject is real. He said that “the moral mandate of the Albanian
leadership is ending, and the Government has no intentions to become a part of the deception
and political hypocrisy.” Bukoshi states that: “there are unforgivable incompatibilities
between people's aspirations and the activities of the political leadership of Kosova.”
“Therefore”, he adds, “the ones that are being judged today shouldn't be sitting on the bench.
Instead, the Albanian politics should be judged”.

Meanwhile, analyst Milazim Krasniqi, thinks that “the Government of Kosova is trying to
clear itself from the accusations published in the ‘Çlirimi’ bulletin”. “Therefore”, says
Krasniqi, “organizations like this one, made up of the youths that are being judged, appear in

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times when people lose their faith in politicians and leaders that do not do all they can to
achieve the political and national objectives.”

Statements made by Bukoshi, that are considered to be very severe, were evaluated by
Rugova, not only once, as “personal statements of the Prime Minister”. Rugova added: “It is
very popular these days to criticize the president, and everybody has this right, but the
president will continue his work.” The clash of the two leaders has provoked divisions in the
Albanian electorate. But, the main factor is still unclear; where does the cause of this
disagreement stand: is it in the political aspect or perhaps in the financial aspect? Observers
can emphasize the fact that disputes between Rugova and Bukoshi increased following the
separate decisions on the appointment of the “chief of the Office in Tirana and the subsequent
affair”. Certain political circles give the right to Rugova because he won that right in the
elections. However, Bukoshi said that he is willing to face consequences if political parties
decide that “he is wrong”.

Anyway, the disagreements in the relations between the Presidency and the Government is
caused by and is a direct consequence of all what is happening in Kosova, say the analysts.
“Reciprocal mistrust” was seen during Rugova's trips abroad and the elusion of joint
meetings. “All are doing their daily job”, it was said then. Different leaders of political parties
in Kosova thus gave their support to either Rugova or Bukoshi.

Bajram Kosumi from the PPK, thinks that “there cannot be personal statements of one
government, and perhaps this kind of work, this ignoring of the statements issued by the
government, brought Rugova and the LDK to the position they are today.”

On the other hand, the vice-chairman of UNIKOMB, Afrim Morina, stressed that he supports
the Government of Kosova in exile in its requests for the application of more active methods
of peaceful resistance in Kosova. But, the Social-Democratic Party of Kosova, Besim
Bokshi's wing, supports Rugova and his party thinks that "the Government should act within
the framework of its competencies and responsibilities."

Anyway, the crisis inside the Albanian political subject seems to have begun much earlier,
and the biggest split will be the one inside LDK itself. This seems to have started with the
creation of fractions inside this party, and now it is said that this has reached it's peak,
following the postponement of parliamentary and presidential elections. Two leaders of two
fractions have crystallised their positions, claim sources close to the LDK.

It must be accentuated that "President Rugova was warned on time about the constitutional
foundation of the decision". One of the vice-chairmen of the LDK, known as "more radical
and leftist", Hydajet Hyseni, added that, "the decision for postponing the elections in Kosova
is a decision of the President, that has once again ignored the Parliament, that in fact had to
decide about the elections". Hyseni even added that "his party leadership did not agree with
the postponement of the elections, but asked for the constitution of the Parliament". Such a
statement of one of the vice-chairmen instigated reaction of the other vice-chairman, known
to the public as "the creator of the biggest Albanian party in Kosova". Fehmi Agani
emphasised that the LDK had discussed the issue of the elections in the presidency, "and had
agreed to postpone the elections due to the actual moment". Agani, denied his fellow
colleague's statement, adding that "in the meeting of the LDK presidency, the opinion that the
elections should be postponed prevailed, and among the suggestions, there were some on the
constitution of the parliament".

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Such relations within one party have also reflected within the Albanian community, and
transformed the institutional policy in a bazaar policy. Still, the latest developments in the
political scene of Kosova, started to crystallize positions, and thus clarifying the attitude of
the foreign factor toward Kosova.

On the other hand, improvisations in the Albanian politics have pacified the general
movement and have mystified the role of the Albanian leadership. By revealing this role of
the Albanian political subject, Bajram Kosumi declared that: "Since the beginning,
institutions in Kosova have been improvisations. We had a president, but an improvised one.
We had a Parliament and Parliamentary Commissions, but they were also improvised. But,
the parties agreed to accept this improvisation under the condition to do something". But,
Kosumi stresses that "a number of political parties, and a small group inside LDK, has used
the 1992 elections and the improvised institutions for internal purposes, and not for the
creation of the real institutions of the Republic of Kosova". According to Mr. Kosumi the
postponement of the elections "is masochism, or a marginalization of oneself, and the
abandonment of Kosova in the hands of the foreign factors".

LDK's Secretary General, Fatmir Sejdiu, considers such statements to be "in disproportion
with the juridical and political aspects." He noticed that there is no de-legitimation of the
statal institutions, but there is only a "need for their existence and their development, till new
elections".

Anyhow, the growing institutional crisis in Kosova and the complete neglecting of all
mechanisms, has jeopardised the Albanian political subject. And, it has thrown-down the
Albanians to the level of an amateur politics.

In order to at least maintain the level of communication inside the Albanian subject, Rugova
used one his press conferences to say this: "Somebody has to watch the house, even with bad
men around."

Analysts think that problems in the Albanian political scene will disappear only when
"ignorance is sorted out". They add that if elections are not held as scheduled, the complete
destruction of the Albanian political subject will not be avoided. Perhaps, then, different
groups, or radical and moderate alternatives, as they are being called, will appear on the
scene. In the meantime, the movement will linger somewhere between these two.

INTERVIEW

PAJAZIT ALIU, one of the convicted in the Paracin Case

"WE SHOULD KILL ALL OF YOU"

Interviewed by FISNIK ABRASHI & HASAN PËRVETICA

Pajazit Aliu was released from prison last Tuesday. He was one of the eight convicted in
the so called "Paracin Case", an incident occurred in 1987 and in which 4 soldiers were
shot dead and five others were wounded. He was convicted to 13 years in prison and was

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actually released after 9 years and 8 months. In this exclusive for KOHA, Aliu puts a new
light on the case that condemned six Albanians to more than 80 years of prison altogether.
Pajazit Aliu was arrested on 13 September 1987, while he was going out, finishing the
army. By verdict of the Military Court, Aliu and other seven soldiers (Rizah Xhakli,
Abdylxhemil Alimani, Afrim Mehemeti, Shefqet Paqarizi, Enver Behluli, Rizo Alibashiq
and Islam Mahmuti) were found guilty.

On this occasion, the following soldiers were killed: Safet Dudakovic, Srdjan Simic, Goran
Begic, and Hazim Djananovic. The wounded were: Ante Jazic, Nedip Mehmedovic, Andrej
Presern, Petar Djekiq and Huso Kovacevic.

KOHA: You were just released from prison, in there for, as it was said then, "being an
accessory to Aziz Kelmendi" in the murder of Yugoslav soldiers in the Paracin military
barracks in 1987. What do you think about the whole case today and what really happened
on that particular day?

ALIU: Following the shots in the room where we were sleeping - even though we were
accused of not being in that room at all - we didn't know what happened. Not only me, but no
one. Automatic burst filled up the room. There was no place that was not hit.

In the room where I was sleeping, there was one more Albanian. When the incident occurred,
all of us were sleeping, and no one was missing in the room. After I heard the shots, I pulled
the bed sheets up, and immediately afterwards I noticed that it had a hole in the middle. Some
other things around me were hit, as well.

I have no idea how we got out of the room. People shouted, and asked who did it. No one
accused Aziz Kelmendi, me or any of us that were accused later. An hour later, some army
officers came. Among them a captain came saying loudly: "This was done by Aziz
Kelmendi!". Thus, by carrying on the "news", people started saying that it was Aziz
Kelmendi. But, the truth is that the crime was committed by someone else. Someone whose
identity is still unknown. And, it is not true that Aziz Kelmendi committed suicide.
Three people were killed and one wounded in my room. In the other room, one soldier was
killed and other three wounded. One of the wounded, who declared being Albanian during the
trial, jumped through the window and got slightly injured.

KOHA: Was the shooting heard in both rooms, at the same time?

ALIU: The shooting in the other room wasn't heard at all. I didn't hear that shooting. After the
incident, I spoke to Afrim, who was in the room and escaped the wounding. He confirmed
that he hadn't heard a thing.

Like I said, after an hour came the army officers, and they informed us that Aziz had allegedly
committed the crime.

One of the officers asked for the on-duty register that held the names of the guards for that
night. Aziz's name was not among the names of the guards, although he was on duty that
night. The officer wanted to put Aziz's name on the register.

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There are number of versions on the way Aziz was shot. Some say that he was killed inside
the barracks, some say it happened outside, but in fact, no one knows where did this exactly
occur.

All the soldiers, after the officers came, were put in the TV lounge. We were held inside till 5
a.m. After 5 a.m., I was asked to go and replace the guard.

The Military Police, came after. With their dogs, they went to the place where Aziz Kelmendi
was supposed to have stayed. None of the dogs went outside the fences. They stayed in front
of them.

The body of Aziz Kelmendi was found by an old shepherd, around seven o'clock in the
morning. At five o'clock of that same day, shooting was reported by a guard. Before, each
time there was a shooting heard, the barracks not only in Paracin but also in Cuprija would be
alarmed and the perpetrator would be caught.

At that time, Admiral Branko Mamula (then Minister of Defense of SFRY) came on a
helicopter. The guard who was with me at that time, had gone to receive the Admiral, while I
was taking notes from the old shepherd. He said that he saw a soldier laying, and he didn't
know if he was sleeping or if he was dead.

Once in court, we witnessed a completely different story, according to which the police found
his body. I know it was the shepherd who had found him.

Ten minutes after the old shepherd left, an old lady brought a charger, which she had found
by the fence.

During that day, not only Albanians but all soldiers were forced to write a statement. They
wanted to know if Aziz hated the others. Not only we, the Albanians, but all the soldiers
wrote that this was not true.

Aziz's body was brought into the barracks by soldiers that had come from Nish. Around seven
o'clock of the same day, Aziz's father came in front of the gate. We were wearing civilian
clothes, because we were waiting for him. He had brought Aziz's civilian clothes. As he
reported at the gate, he was arrested by the military police and taken to the pavilion.

I was asked to check their car. Aziz's mother was sitting in the front seat of the car, asking, all
confused, what was going on. After she was told to climb down the car, we started inspecting
it. We couldn't find anything, except the clothes that they had brought to him, because he was
about to finish his military service. They confiscated the clothes, and told me to write the
report.

In the meantime, Aziz's father was accused, that he had come that day to pick up his son and
take him abroad. Allegedly, they found a gun, during that inspection, even though in that car,
in the moment when we inspected it, we found nothing.

KOHA: When did the investigation start?

ALIU: After lunch, all Albanians were supposed to appear in groups of two or three. All this
lasted till midnight. Then, they let us go to sleep. But, after this, we were gathered once more,

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this time to watch the TV news. On this occasion, I was in the same room with Afrim
Mehmeti and Shefqet Paqarizi. As we were watching the news and when the incident was
mentioned, one of the officers wearing civilian clothes shouted: "We should kill all of you".
From this night and until the night of 7 September, no one came for us. On 7 September, all
Albanians were taken in the barracks of Nish. Every Albanian was accompanied by one Serb.
In the barrack in which I was supposed to stay, there was no other Albanians.

The day I was supposed to finish my military service, I was arrested with a pair of civilian
clothes in my hands. Instead of being on my way home - they sent me to prison.

They sent me to a ten story building and put me in a room where there were 5 or 6 security
officers. Two people entered after them, and from 9 a.m. to 1:15 a.m the next day they didn't
say a thing. That's when I realized that something was wrong. Some time after 1:15, the
Military Police officers came in and told me that I was supposed to stay two days in prison.
During those two days, they didn't stop beating me.

After some time, they gave me a document that I let go off, as soon as I read the contents.
They didn't ask for anything from us, only our signatures. Other than our signatures, they had
nothing else until the beginning of the trial. They didn't let us speak in front of the jury, and
kept shouting: "Stop! Stop!". The first investigating judge withdrew from the case, saying that
"I don't have a thing to do with all of this". The document we were given had been signed by
all of us, but we didn't admit anything in the presence of the investigating judge.

The second investigating judge was from Belgrade, a first class captain, who was promoted to
major following our case. During the investigation, he was only writing, without asking us
any questions. He wrote every word of the statement. They set the whole case up. There were
no witnesses that spoke for or against us during the whole case. Some of the witnesses
defended themselves saying "I don't remember", while I, today, even after ten years spent in
jail, remember nearly all details of the night of the crime. The parents of the soldiers that were
killed never accused us. The whole responsibility is of the army, they said.

The indictment claimed that I taught Aziz Kelmendi how to use an automatic gun?! I couldn't
have taught Aziz how to use the automatic gun, since he had one too. Also, he had a higher
ranking than I did; he was a corporal.

We were separated in groups of four during the trial. Shefqet Paqarizi, who is now abroad,
harmed us most, since he admitted the crimes accusing us of doing the same. While we were
in court he turned to me at the end and said: "You are an evil man that doesn't admit it! You
are the main criminal and you were the one that incited us to do everything!"

During the time we spent in prison, we were considered the main public enemies, and I spent
1134 days in isolation. We often had hunger strikes, and they never lasted less than five days.
During our hunger strikes, we didn't even accept to eat the packages that were sent to us from
home.

In the end. The thing I still think about is our last strike, after the death of Pjetër Duhani. That
was the moment in which the unity of all political prisoners was proved. We managed to
survive the strike. That was the moment that I am going to remember for the rest of my life.

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ALBANIA

ALBANIA AS BOSNIA AND BEIRUT

by ARTAN PUTO / Tirana

In one month, early parliamentary elections are going to be held in Albania. Since the time of
pluralism, these are going to be fourth parliamentary elections. In normal circumstances, only
two elections should have had to be organized. But everyone understands that after a long
time under the dictatorial siege that isolated Albania completely from the rest of the world,
taking the right path was not easy. Even the heavy deformations that democracy had in the
last five years, caused their share of consequences. Compared to 1991 and 1992, the transition
period of the country, the pre-electoral situation seems to be very serious. A major part of the
population is armed, different regions in the country don’t respond to central state authorities.
The three months long crisis has left behind a long trace of bloodshed, that interpreted in
numbers shows 1.500 dead and around 2.000 wounded (a "dignifying" bulletin even for
Beirut and Sarajevo, in their worst times). On the other hand, the political parties too, with
pathological hatred among themselves, took their places in the respective barricades and are
getting their swords of war ready. The worse of all is the revealing of provincial hatred on the
surface. In these circumstances, a question appears to be coming out all the time: “Are there
any normal conditions for an electoral campaign?”. Even the most optimist Albanian would
hesitate to answer positively to this question. On March 9, political parties and president
Berisha, established a National Reconciliation Government for the coming elections. Two
main government’s tasks were the preparations of the elections and the settlement of public
order. What is then it’s balance? It is difficult to say that it’s objectives have been achieved.
The Prime-minister’s government is publicly supported because it is a product of the multi-
party agreement and because, in times where the president’s figure is heavily damaged in the
eyes of international public, it becomes the reefer spot for foreign diplomacy. But, the prime-
minister, without denying the dialogue feeling, has not shown to be firm in completing some
main tasks. Until now, the problem of the television is still unsolved and so is that of the
electoral commissions, then there is the problem of the mayors who are independent from the
government, but they are dependent from the Interior Ministry dominated by democrats. The
president of SHIK (Albanian Intelligence Service) has not been appointed yet, and his
absence made it possible for these structures to escape the control by the state and allowed
them to be used by clans and criminal groups. The clearest case is the attack on Military
Hospital in Tirana, perpetrated by some republican guards to revenge the death of their
colleague during an armed dispute in Cerrik. It is easy to imagine the electoral days, when the
party passions will captivate everyone. Then we must have in mind the brutality of the so
called “Republican Guard”. The government, besides having big problems, has to
occasionally face trials, that incites the dilemma about it's decisions to "get rid" of people
sacked from public administration. Thus, the interior minister’s deputy, Agim Shehu, accused
by the opposition to be the persecutor of the opposition and the free press, sued the
government.

Police commissariats in most of the cases don’t have the necessary personnel, feeling
abandoned and helpless to answer to all the threats. It's still unclear whether Albanians will
vote under the state of emergency or by time, it will be suspended.

From his side, president Berisha seems to have a lot of advantages from all this. Firstly, he
escaped from the forced resignation. Secondly, he wanted to create an image of one person

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who was ready to cooperate with the opposition and in certain times could sacrifice his
party’s interests for the national ones. Thirdly, a facade was created behind which he is hiding
his obstructive politics. Since from the beginning he chose the route of confrontation with the
government, he blocked the electoral law drafted by the government, he stopped the
appointment of the mayors by the government and left them under the control of the Interior
Ministry. He has not appointed the new president of SHIK and has also not put under control
the special troops. This was proven by the operations that took place in some parts of the
region, in Cerrik, Tepelenë and Kelcyrë, that caused the death of many soldiers. The
president's office in Tirana is not safeguarded any longer by ordinary soldiers, but by youths
wearing civilian clothes, unshaved and unwashed, carrying machine guns while going around
the building. On the other hand, this government has, in a way, “freed” the president from his
responsibilities. He, during his electoral campaign, accused the socialist minister of finance
for withholding information on the pyramidal schemes, at the same time when it is him who
is delaying the adoption of the Law on "Transparency". Likewise, the government is accused
of sacking people for political reasons; of cooperating with the socialist committees and
becoming port-parole of the Socialist Party.

Ultimately, now it is easier than before. If at that time the president had to carry all the
responsibilities on his shoulders, now it is the government that is making it easier for him,
even more, when the help is coming from a socialist. Subsequently, and aiming at solving
this, all political parties gathered on Tuesday to discuss the invitation of Democratic Party for
the signing of a social pact on the involvement of all parties in the electoral campaign.
DP's proposals were centered in the organization of the 29 June elections, in respecting the
law as far as the electoral campaign is concerned, in the sense that they have to be developed
in tolerance, and where it could be possible, free political exchange of viewpoints and the
presence of each political party in all regions.

The proposal called on the government to restore the public order and to allow the local state
structures to function. At the end, it stated that electoral results are not to be contested and
that Fino's government has to be transparent on the pyramidal schemes before June 29. With
this proposition, the Democratic Party intends to keep the political initiative in the country, by
appearing in front of foreign public as a party interested in solving the electoral problems and
holding the elections in peace. Secondly, with this proposition DP tries to close the paths for
the boycott of the opposition, which has threatened not to participate in the elections if the
state of emergency was not lifted. Thirdly, being in advantage, if the electoral law is taken
into consideration, the commissions and the division of electoral zones, DP invites all the
parties to promise that they will not dispute the electoral results. As expected, this meeting
ended with no results. The main reason why this meeting failed was the democratic initiative
for the state of emergency. The opposition parties conditioned their participation in the
elections with the suspension of the state emergency. According to party leaders, the legal
way is to call the Parliament's urgent meeting, using the prime minister’s law initiative or the
presidential decree.

In general, parties consider that participation under the state of emergency will mean that the
government is not functioning, because in such case, the priority will be of the Interior
Ministry. But, DP didn’t give up on it’s decision to keep the status-quo. One of the arguments
used by it is that “being Sunday, people will go to the beach, so its better to extend the voting
period so all can come”. According to the parties, DP’s stubbornness comes from the fact that
after the curfew, only the DP armed groups have the right to move freely. The discussion on

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the social pact is not finished yet. The democrats hope for the realization of the agreement if
they give-up on some of their stands.

But, there are no news. Another element present in this pre-electoral situation is the
provincial hatred. Even though every time this element is mentioned, the politicians' reaction
is immediate and pathetically-patriotic, saying that Albania is one and there is no South or
North, there are no Gegë or Toskë, but the provincialism still exists.

It is totally true that provincial differences in this region are as normal as in other places, and
mostly they are stimulated by uninformed media on the situation in Albania, that prefer
sensation or easy analysis. After the 22 March victory in 1992, DP quickly abandoned it’s
motto on “the joint guilt and grief”. The party started very early to fly it's flag against
communism. Instead of healing the wounds from the painful past, DP opened them more. It
didn’t let people to see up front, but kept them behind it. In this sense, a certain role was that
of the cultivation of hatred. For right wing parties, coming to power would mean revenge for
the past.

In Enver Hoxha’s time, it was the South that was in charge, maybe that’s why now the North
thinks it is it’s turn. In practice this could be seen with the filling of the administration with
loyal people, that were mainly employed based on their political background and region of
origin.

The events in Vlorë are self-explanatory. Some government officials, hiding the real reason,
presented the crisis in this little town as the South’s protests against the North. The hatred
was so strong, that even some of Tirana’s walls said: “Vlorë is a Slut”. The blame for all this,
of course, falls into those that held the power in the past years and on those who turned this
issue into a political debate. This phenomenon can be denominated as a quarrel inside a poor
family in debts. The other side’s reaction concertize with the hatred of people who came from
the North to Tirana, with the hatred towards Tropojë, the president's hometown, with the
hatred towards the northern dialect and considering the northerners almost as foreign people.
It is said that this deplorable phenomenon, in most occasions appears in the press that is
considered to be independent and emancipated. Some days ago, a newspaper published an
article on Vlorë's former chief of police, to whom it referred to as “Tropojan”, used in the
pejorative sense.

Further on though, the same newspaper, trying to be very cultured and balanced, made a
ridiculous statement, that in the Security Institution’s Main Board there was not even one
member from North. This practice is not only embarrassing, it is also dangerous for the
cultivation of hatred. So, before we accuse the foreign press, it is better for us to critically
look into our stands towards these kinds of social phenomena. Anyway, the actual electoral
campaign will be remembered for the really difficult circumstances, in which they going to be
held.

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MACEDONIA

WE'LL PROTECT THE RIGHT OF OFFICIAL USE OF OUR NATIONAL FLAG

by SELADIN XHEZAIRI / GOSTIVAR

Following the "Gostivar case", the Macedonian Constitutional Court introduced also the
"cases" of Tetova and Sermnova, where the use of Albanian national symbols has been
ordered. It suggested the ban of the use of the all national flags but the Macedonian flag, with
the argument that municipalities are incompetent to make these decisions. On the other hand,
the leader of PPDSH, Arbër Xhaferi, proposed to the Macedonian leadership in Shkup that
the Macedonian state should have a specific flag, but the national collectives should have the
right to use their national flags.

The spokesman of Macedonian Constitutional Court, Jugoslav Milenkovic reiterated that

according to the constitutional provisions, nationalities in Macedonia have no right to use
their national symbols. On the other hand, the prefect of Tetova, Alajdin Demiri noted that
Albanians will not give up on their right to use their flag: “It has become a practice in
Macedonia to read the constitution partially. If rector Fadil Sylejmani was convicted
according to the old law of the former Yugoslavia, although there was a new one, the verdict
was valid. In our case, when we use our flag according to the old law and the new
constitution, it comes out that our decision is not valid. This is a partial interpretation and
very tendentious one. The constitution itself, Article 48, includes the right of nations that live
in Macedonia to express their specifics. We consider our flag as a specifics”, said Demiri. In
regard to this issue, “KOHA” publishes the speech of Gostivar’s prefect, Rufi Osmani, that
had to be delivered in last week’s rally for the defense of the Albanian flag, which he
delivered, without reading, to the masses:

"Citizens of Gostivar and all Albanian territories in Macedonia, welcome to the Assembly of
the Albanian Flag in Macedonia! This protest rally for the defense of the national flag was
called in the name of all Albanian municipalities in Macedonia, with the aim to clarify the
indoctrinated minds of actual Macedonian establishment that this is the end of their Anti-
Albanian policy.

Your presence tells how important is the issue of Albanian flag. It is beyond any other issue
and for this sake, we will be united as in times of Gjergj Kastrioti.

With the decision to officially use the Albanian flag and it’s public use in the majority of
Albanian regions in Macedonia, a big injustice has been eliminated. It was an injustice set by
the former communists during the anti-Albanian hysteria in the 80s.

And the same ones that were red yesterday and now have become blue, but who in essence
are black, send us a new note with the old message: “The official use of the Albanian flag is
forbidden”.

And, we will never agree with such a decision. Will we?

Let’s remind the authors of suich decisions about the following:

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 - The Macedonian Constitution foresees, I quote: “Everything that is not forbidden by
the Constitution and laws is allowed”. There is no law that forbids the use of Albanian
national flag, therefore all decisions of Albanian municipalities in Macedonia are legal
and legitimate;

- The Albanian national flag is the flag of all Albanians regardless of where they live.
It is not the flag of another foreign country, as some are saying and writing, but it is at
the same time the flag of Republic of Albania and the Republic of Kosova;

- It was like this in the past, it is so today and it will always be since Albanians have
decided so and because God blessed it.

The Albanian flag has the tradition of public use for more than five centuries. It is a supreme
will of Gjergj Kastrioti that will last a lifetime;

- Generations of Albanians fought for centuries for their motherland under this flag
and gave their lives for this flag, just as they did during the World War II and
contributed in the creation of the Republic of Macedonia, precisely being led by this
flag;

- Today, when the economic, social, moral and institutional crisis reaches it’s peak
and has become our everyday life;

- Today when the biggest robbery of the century in Macedonia by the process of
privatization is ending and creating a new capitalist gang harming the wide social
structures;

- Today when numerous financial and economic affairs are shaking the foundations of
this state;

- Today, when bribery, corruption and fraud are the governing ethics of the
administration and government of this country;

- Today when drugs, prostitution, criminality, incriminated economy are most wanted
goods;

- Today, when the degeneration of the young people and their lack of prospects
jeopardizes the future of this country;

- Today, when general dissatisfaction points out those who are really to blame and
these are those that have been governing this country for more that 50 years;

As always, the guilt is sought somewhere else and not among those who brought the country
to the edge of abyss.

And, as always, by preferring and applying the recipes of big brother from the same ethnic
and cultural provenance, nobody else is guilty but the Albanians!

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Albanians were guilty yesterday because they established the University of Tetova, today they
are guilty because they are using the national flag, tomorrow because we will achieve the
regionalization, and so on.

But, the Macedonian establishment should have learned the first lesson from economy: “If
one country has no stability and equal relationships between nations, then this country has a
high political risk and is improper for foreign investments”. Today Macedonia is such a
country, and the consequences are catastrophic for all.

It is the last moment for the Macedonian establishment to stop using the actual situation of
the Albanian people in Albania and Kosova.

We are sending this message to the wide public opinion and especially the state institutions
and foreign factors:

1. All Albanian municipalities in Macedonia will stand strong in the defense of the use of
Albanian flag in Macedonia, using all democratic means in its disposition.

2. The Constitutional Court of Republic of Macedonia should review its decision to forbid the
official use of Albanian flag, and suspend it until a new law on the use of flags is adopted.

3. The Government of Macedonia should not attempt to apply the decision of Constitutional
Court by force. In that case it will be responsible for the dangerous escalation of inter-ethnic
relations, especially the Albanian-Macedonian ones.

4. We appeal to the state institutions and citizens of Macedonia to preserve the peace as the
highest value of democracy and contribute to building a safe and equal life, in the spirit of the
centuries' old tolerance.

The people's will and decisions are beyond all other decisions.

Keep away from the Albanian national flag. God bless the Albanian flag and the Albanians!

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