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Basha, Leskaj, Bumçi,
the four ministers who failed
“Time to change” in the Berisha
cabinet
The replacement of the “cult of corruption” with the
“cult of incapacity” is giving the actual government an undeserved price.
Young yet old in ideas, it’s “Time to change”
“The change” as a concept is generally perceived as the “motor” of
development. No doubt, the slogan the DP used in the elections of July 3rd,
2005, had no little influence for the return on power of the Albanian
right-winged. When “change” is seen as a necessity, after the missing of
achievements, it is welcome however, even if it’s just the change of the
nominal configuration of the government, as it is the Berisha
cabinet.
Many ratings indicate the necessity for “refreshment” in the name of
the “change” in the actual Albanian Government. How successful it is until
now the government of the right-winged coalition, according to the promises
made during the campaign? Success is totally linked to what you’ve promised
and been able to do during the 100 and more days since you got the
authorization from people.
The “Zogu i Zi”
question is a cramp for the Berisha Government. It
looks like the “trendy” ad very rich Minister Lulzim
Basha, and then even Berisha
and his cabinet fell in the trap of the next local elections. While in
opposition, the DP chose a parliamentary investigation committee, trying to
harm Edi Rama before the elections of 2003. Now on power, the same strategy
is being used, yet giving many legal engines to the blue executive. It’s not
a secret that the DP now, and especially the “Young Luli”,
is preparing to find another “Spartak Ngjela” to face Edi Rama or the SP in the elections in
Tirana. Who obtains the capital is morally the winner of the elections;
moreover because in this contest might “surrender” not only the Municipality of Tirana, but also the ASP. The first
will be because of the votes, while the second will be because of the
“institution of resignation”, promised by Rama in case of loss of elections.
The visit of Giovanni di Stasi, President of the Congress of Local
Authorities in the EU and his clear standing for Edi Rama, is a sign for the
“young” Luli, but also for Berisha,
the head of the Government, who “followed him”. Berisha
shouldn’t follow such a strategy, not only against Rama as Mayor of Tirana,
but also as the chief of the actual opposition. Luli,
a friend of Berisha’s family during “the time of
colossal earnings in Kosovo”, misused his charge for further electoral
profits, yet lowering the image of the actual Government, as far as Europe is concerned, although he considers di Stasi as
the chairman of an association. All these things, likewise the huge richness
of Basha, unjustifiable with his activity in
Kosovo, but also some “reliable rumor” about his activity in the service of
foreigners in disfavor of some Kosovar leaders who left, returned or will
leave toward Hague, are a good indicator that it’s “Time to change”, after a
total failure, willingly, in this case. In a state that is really build on
professional and democracy basis, the dismissing of the chairmen of at least
two important institutions of the Albanian culture, like Moikom
Zeqo and Aurrel Plasari, would be what’s necessary for the Minister of Turism, Culture, Youth and Sports (something more is
missing here, I suppose), Bujar Leskaj
to give his resignations. I didn’t know them personally and I don’t think
I’ll ever have the chance to know them (though you never know). I don’t think
there’s any Albanian here or abroad who knows not only their names but also
their real contribution for our history, culture and our best values. If for Zeqo, who would want to “dig in prehistory” would find
some common with the actual opposition, in order to use it in the usual
“blindness” of hate and political revenge; this cannot be said about Plasari. Despite the fact that he declared it or not, he
is a demochristian,
in his heart at least. They are two individuals of whom every European nation
would be proud to have within. On the other side, I don’t think that
positions like that of the Director of the Museum or the Library would have a
“bad” influence on the new generation, even if they would stay in those
positions. None of their dependents, whom they found or left in those
institutions, was ever fired or employed because of political convictions. Of
course, Leskaj would find the excuse that the fire
orders were received by the interested with the signature of the Prime
Minister Berisha. Who can believe that a minister,
though risking his position, wouldn’t refuse such firings, though with the
proposal (can’t believe this!) of the Prime Minister himself! Only a
question: whom shall the Minister Leskaj introduce
beside him as a researcher of the Albanian culture; any veterinary or specialist
of tourism? Which were the results of the Minister of Culture, Leskaj, after 100 days? His answer was that “he found,
discovered and reported the irregularities of is
predecessors”?! It’s all in line with the “Clean Hands”, but it’s really
wanting in “Contribution” in his work, what is like a drop of water in the
ocean in comparison with the work of Zeqo or Plasari. If the Executive needs investigators or
prosecutors, institutions in Albania
are independent, the Government should show clear results. The Albanian
culture needs some powder removed, but let the Minister do this first, for
“it’s up to him”, and Berisha has to accept or ask
him away.
Aldo Bumçi, another man from north, whose
surname remembers my friends of some executioner revisers of the magazines
and newspapers of many years ago, almost unknown for his activity in the
interest of the Albanian Justice, committed to reform the Albanian Justice.
Many others have failed, though having experience in this field, even though
they didn’t belong to the principle of “Clean Hands”, as they were coming
from the “corrupted socialist flock”. As a member of OCP with experience, he as called in the cabinet, surely to improve religious and
provincial balances etc. The “weak back” of Bumçi
wasn’t much promising in front of the heavy burden and problems of the
Albanian Justice. He is a good man with culture and great vision.
Nevertheless, he did very little, or nothing for the “purification” of the
Albanian Justice. “Not a chip was removed” from those who once were called
“corruption, corrupted” in the system of Justice, there’s no improvement in
the work of the Prosecution and tribunals for the benefit of the citizens,
while every day there are public reports against prosecutors and judges,
there’s no change in the system of detention or prisons, yet the first
“mushroom” of the “battle” against corruption germinates. The weak point of
the system of Justice is the 15 men and women who nominate and promote
themselves. We’re talking about the law on the High Council of Justice (HCJ).
The opinion of specialists (against this law) is public now. To understand
how legally exact is this law, it is enough to read it and you understand
that even the head of the State should chose either
to be the head of the State or the chairman of the HCJ. It’s a question of
interpretation, of course, but the articles of this law demand exactly this.
It looks like the goal of the Minister or the Executive institution, is to
raise up some “comfortable positions” for attorneys, simple judges,
prosecutors, either decorated or not, who have to replace the members of the
HCJ, which will leave their position of judges keeping only that of the
members of HCJ. To see the “blooming” of the Albanian Justice, as a
contribution of the “tool” Minister, it is necessary to wait a long time, so
that even a 4 years authorizations isn’t enough.
The early dream of Albanians (what is turning into a nightmare, I
suppose) is their European integration. Besides the bad management of the
institution of integration by our respectful co citizen, Trashani,
whose only guilt is the lack of political experience, but also of a
professional team, none in Albania
can say it for sure if the agreement with the EU for
Stabilization-Association will be signed in the spring of 2006. Unfortunately
for the docent-deputy-minister Trashani, there is
no positive sign about this from EU, even more at this time when Austria,
traditionally friendly to Albania, has the turn of chairman, declaring also
that during the 6 months of presidency, the Western Balcans
will be its’ priority in this process. Albanians and the inhabitants of Shkodra are proud to have a representative in an Albanian
Cabinet. It sounds like today when Arenca Trashani was declared for a soon free movement in Europe,
without the actual bureaucracies (this was really astonishing), yet Albania
keeps on going further and further from Europe, this also thanks to the
“contribution” of the Minister herself. The “self reward”
of the authorities during the government of the socialists, turning into a
cult by the former Prime Minister, Nano, engorged with its “attraction” even
a minister of the “Clean Hands”, who was prey of temptation. Excuses that
“orders of the socialist government are being executed”, sound unbelievable,
while everything that was done during the last 8 years is being undone,
improved (according to the actual majority) and renewed. The Prime Minister Berisha, and our fellow citizen, Trashani,
we suppose, have understood now that it’s time to apply the slogan of the DP,
“Time to Change”.
There were no direct reports against the ministers of the Berisha cabinet, for corruption, and the main part of the
“Clean Hands” principle is fulfilled. This isn’t little success, but it
should be followed by visible results on this walk of Albania, what
is very important to our image abroad. Knowing the nature of Berisha, it will be difficult for him to swallow the
clearly expressed inability of some members of his team, which are not only
those mentioned in this analysis. Nevertheless, Berisha
is conscious that the selected ones weren’t the best ever. The selection is
an art which belongs to Berisha, but time and
possibility was little for him, trying to keep the regional and religious
balances, as well as of those who supported DP. The success or failure,
however, of this cabinet is first of all a bill to be paid by the Prime
Minister. We suppose that Berisha has now received
various messages, even by democrats or right-winged. It’s “Time to Change”.
The slogan that brought the victory on July 3rd can bring the
wanted but lacking success during this right-winged leadership. A colleague
of mine established June as the term of positive changes in the Cabinet. I
think Berisha should move quickly, otherwise the
actual opposition will get much space; in its’ position it’s being cleaned
becoming parallel with the majority, but this one should “heal” from
incapability or the lack of needed political experience, as well as that of
selection of professional teams. Everyone now, either form the right, the
left, the center are waiting for concrete results, waiting to go forward. The
best report for the misrule of the past 8 years was given by the electors on
July 3, 2005, condemning the SP to go in opposition.
Blerti Delija
NIS
and
Our Civil Rights
The national Security Services of
Albania has been known over the years for its brutality, unlimited power, and
vicious nature when it came to serving the government of the day. During the
communist regime, this Service was known as Sigurimi.
Following the political transition of the early 1990’s, it became known as
SHIKU and SHISHI and
NIS
,
and God only knows what it will be called in the future. May be Gestapo
Regardless of what name it bore over the
years, or it may bear in the future, it has always been, and it always will
be, used for one purpose and one purpose only: to suppress political dissent
in Albania. Enver Hoxha
used it very effectively for more then 40 years,
then came Ramiz Alia, Sali
Berisha, Fatos Nano and
again Berisha, who used it, and continue to use it,
for the same purpose and in the same way as Hoxha
did.
Constitutionally,
NIS
is not supposed to be used for
political purposes, or suppress political dissent. It is, broadly speaking,
supposed to be intelligence agency which collects intelligence for national
security reasons and present that information the intelligence to the proper
organs of government.
Since Berisha
returned to power, my colleagues and I have had a chance of seeing first hand how NIS is used for political purposes:
On January 23, 2006, two
NIS
agents came to my
offices. I was there with my staff. They told me that they had requested
previously tat I send them copies of certain files
and that I had failed to meet their demand. They then demanded that I show
all the files that I had in my office to them. They wanted to review them and
make copies of various documents. Mind you, they had no search warrant, no
court order or any other forms of authorization empowering them to do that.
When asked about the authority under which they were operating, they claimed
that their authority came from the fact that they were “Agent of NIS”.
I informed them that there was an
attorney client privilege and that they were not entitled to see these files
unless they showed up with a court order specifying the reason for the
searching. That was the turning point. They arrested me, as my staff watched
in horror. They searched my office, took the files (over 70 files),
confiscated all of my attorney notes, and my telephone book.
They then took me to the
NIS
headquarters and
interrogated me about my clients, my dealings with the People’s Advocate and
my job. For 24 hours, all they did was review those files, make copies of
various documents, and question me about them. They threatened to get “those
people”, my clients, “one by one”.
If I ever doubted by clients’ stories
that they had told me about the police, the NIS or any other government
entity , now I was convinced beyond any reasonable doubt that they had been
telling me the truth all along. I had a chance to witness my government’s
power, brutality, viciousness and its ability to violate my rights, be them
constitutional, or civil rights.
My clients are mainly individuals with
civil rights complaints. Their complaints are against the government, the
police, the
NIS
,
and other state institution. They are purely political cases. I believe that
if their civil rights are not violated by the government, or an entity at the
government’s disposal, they have the right to complain and file claims
against the government. The government, or its servants, are not supposed to
be untouchable or above the law. Government should have no other powers but
what the Constitution vests upon it.
This government should concentrate on
restraining the
NIS
instead of using it to oppress and suppress political dissent. In a
democracy, which
Albania
does not even resemble one; people should be able to disagree with the
government without the fear of having their civil rights violated by the
state’s security forces. They should not fear, nor experience, arrests,
beatings, torture, rape or even be killed for daring to disagree with the
government. The government is there to protect the God-given rights of the
citizens, and not to abuse and violate them. Our rights come from God, the
Constitution guaranties them, and the government is charged with protecting
them.
Albania
does not need political oppression, it needs political freedom. We do not
need a Gestapo, which persecutes individuals of suspected disloyalty. We need
a Security Agency that fights corruption, theft, terrorism, organized crime,
prostitution, and human trafficking, which are abundant in
Albania
,
instead of searching law offices and confiscated files that contain data and
information that may be of political nature.
As an attorney, I take cases that I
believe are true and correct. I represent my clients without any racial,
religious, or political prejudice. I fight for their rights, even if it means
infuriating the Socialists, the Democrats, or their machinery of oppression,
the Sigurimi, the SHIK-u, the SHISH or the
NIS
, as they call it
now. I have represented clients under the socialist regime and I intend to
represent them now that Berisha came to power. I am
an attorney, and as an attorney, I will fight for my client’s rights. That is
what an attorney does. Too bad if the
NIS
does not like it. If they do not like it, they should stop violate citizen’s
civil and constitutional rights.
I believe that my rights as an attorney
were violated. My clients’ rights were violated and every Albanians’ civil
rights were violated with us. We in the legal profession must take a stance
against the
NIS
and the Prime Minister, who unconstitutionally has gathered too much power in
violation of the separation of powers doctrine. We have a Constitution that
is supposed to be the law of the land. Neither
NIS
nor a Prime Minister should be allowed
to violate it.
NIS
should not be in the position of deciding who is loyal to the government and
who is not. People have the right to disagree with the government. And the
Constitution guarantees such a right. At least that is what I believed until
January 23, 2006.
During the communist regime, I was young
and I did not know what it meant to be persecuted. Now I understand what it
means to live in a totalitarian system. This should serve as a reminder to I
and to every Albanian that Albania is still a communist country, and it will
continue to be such for as long as government changes hands between the
“Democrats” and the “Socialists” who loyally follow the path of their
mentors, Hoxha and Alia, and use the Security
Services as effectively as they did to ensure their power.
By Mimoza Tartari, Attorney-at-Law
Note: Ms.Tartari is a Civil Right Attorney. She has an LLB from
the
University
of
Tirana
and an LLM in Human Rights from the
University
of
Malta
. She speaks
Albania
,
Italian and English. She practices in Tirana at Tartari
and Associates.
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