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. With the kind permission of Mr. Surroi, Koha digests were originally posted on

http://koha.estudiosbalcanicos.org.

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Koha Digest # 151Front Page: Prison for the children of the RepublicDate: 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 theaccusation and, from the torturous nature of the extraction of the accusing material, andfinally, it didn't differ much from the draconian punishment. The Serbian judiciary seems tohave a blank form in which it fills out the names and last names of the accused, together withother personal data and thus, with the skimming two-three paragraphs' explanation in theindictment, 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 thejuridical 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 ofthousands of thousands of people during the disintegration of Yugoslavia, not only has nomoral right to accuse anyone of any "hostile activities" and "threatening the territorialintegrity", 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 theSerbian regime and the Kosovar society is entering the phase in which the generation thatgrew up in conditions under the 1990 occupation is being judged. The majority of the accusedhad been attending high school and university classes in the "parallel system", forced outfrom their school buildings. And the majority of them, since the initial euphoria following theproclamation of the Republic of Kosova, the years of the daily debate on the fate of Kosovaand up to the recognition of the "FRY" by the EU, were the daily subjects of the Kosovarcrisis of the '90s.

For the Kosovar society they are a barometer: lacking a thorough social survey on where thisgeneration is headed. Towards the dissatisfaction with the social stagnation, towards thedisappointment with the unachieved promises, towards understanding that the presentpolitical 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, itis now dealing with a generation, which has strengthened its conviction on the occupyingnature of the Serbian regime. The regime that has counted on that the political thinking andacting of the Albanians will become softer is now facing a strengthening and harsher newgeneration.

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We have maybe come to a symbol that shows the turning point and the trial could be only thetop of the iceberg, which talks of a much more serious movement inside the Kosovarpopulation. For the present political actors, this turning point brings an enormous number ofenigmas.

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, ArsimRetkoceri and Beton Retkoceri, charged for being members of the National Movement forLiberation 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 PrishtinaRegional 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 ofthe 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 chargedones have done "incriminating activities" from December 1992 and onto the day of theirarrest. It also says that they created an "illegal organization which threatened the territorialintegrity 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 chargedfor the preparation and the distribution of a bulletin called "Çlirimi" (Liberation), organ of theNational Movement for the Liberation of Kosova (LKÇK), for gathering guns andammunition, for sketching plans of Serbian military and police buildings in Prishtina. Theywere also charged for "terrorist activities", and for having planned the physical elimination ofthe members of the Serbian Interior Ministry.

All the sentenced were arrested during the campaign of arrests in January and February, when60 Albanians found themselves behind bars, as the police reported. The arrests were a signthat "stormy times" were coming, and Albanian subjects warned that "Albanians themselvescan not keep the peace in Kosova, and that the bloody conflict can be initiated only by Serbsand without the contribution of Albanians in this matter".

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

This process, from the very beginning, was called a "prefabricated and/or framed-up politicaltrial", which "aims at the incrimination of the freedom of expression", therefore Albaniansubjects 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, asattorney Fazli Balaj said, "the law does not exist to justify the charge of the prosecutor andstate". 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 underpressure 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 theirconsultations with their lawyers were obstructed by state institutions. And the absence ofproofs 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 replacedby the statements of the accused given during the investigating procedure carried out by theState Security. These statements were the "fundament" of the indictment and of theannounced verdict, because, except for a gun and "Çlirimi", there were no other proofs. Thisdidn'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. AsShukrie Rexha said, when she was addressing the court for the last time, "we are beingtortured 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 endof the 20th century and the beginning of the 21st century terrorism is conducted by pen, thenwe are terrorists".

This trial was given a high publicity in the media and also by the state top officials. In thebeginning of the campaign of arrests in Kosova, the head of the Serbian regime SlobodanMilosevic himself greeted the highest police officers for the "successful struggle againstterrorism 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, theleaders 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 acharacteristic of Kosova in these past years. Hundreds of Albanians sentenced in the trialsagainst 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. Thistrial represents an opening of a new period of "the struggle of the present regime for gainingpolitical 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 "thelegitimation of the Albanian terrorism".

But this trial was also an object of discussions among Albanians. Dr. Bukoshi's Governmentin Exile, reacting to the trial, said that "the leadership of Kosova should be put on trial". Andthe Party od the National Unity (UNIKOMB) said that this is a "result of the lack of thepreparedness of the Albanian leadership to accomplish the will of the people expressed in thereferendum". This party also asked for "protests in front of the court, refusals to talk toforeign delegations during the trial, and pressures on the jury. The Parliamentarian Party ofKosova said in a statement that "the stand of the accused inside the courtroom and their openstatement 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 insideSerbia". 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, willonly 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 thegeneral 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 cannot be understood and justified in any way. I consider that this trial is a result of the fact thatthe 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 makeplans for committing acts of terrorism or attempts for violent secession of the territory ofKosova from Yugoslavia in order to unite it with Albania. So we proposed that those gunsmentioned in the indictment be brought and demonstrated in the courtroom as a provingevidence. Since the indictment refers to guns, automatic rifles, explosive materials, the courtagreed to accept our proposal. The hearing was interrupted with the justification that thoseguns will be brought immediately and will be demonstrated as proofs in the session, but evenafter two hours of waiting in the hall-way, along with several diplomatic representatives ofsome foreign embassies in Belgrade, the president of the jury communicated us the fact thatthe guns do not exist. So, our suggestion was not registered in the minutes with thejustification that the nonexisting cannot be registered as a proofs. I insisted that this statementis included in the minutes of the hearing. Therefore, I think that since the culpability of theaccused was not proven, the severe punishments were given to create an impression in thedomestic and foreign opinion that there was no doubt regarding the guilt of the accused. Sothe court gave them the maximal punishment. This is one of the reasons that influenced theverdict. Since it was shown that there were no arms, the accused should either be released orgiven minimal punishments. But, instead, drastic sentences were given to show that the courtwas 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 theaccused, first of all of Liburn Aliu, Avni Klinaku, Dilber Beka before the court. They saidthat they disregard, that they do not recognize the court, that they consider it a occupier'scourt and that they do not expect any justice from it. So they did not present their defencebefore that court, stating that they would do it only before the people's court. This influencedthe head of the court, although they should have been judged for their incriminating actscommitted before being arrested and not for their stand or behavior in the court. Although thecourt does not say this, this is the second reason that influenced the verdict. Let me tell youthis: Mujë Prokupi, who had a different stand, although he is the second accused, andalthough he is being judged for the same crime, he got a lower sentence. And the third reasonis the intimidation of the Albanian population with these punishments, so they give up ontheir requests, thus telling them that every Albanian should expect such punishments. And asyou know, by law, the punishment has a preventive effect - to frighten others. We hadpolitical trials of this nature before, like the one against the so called Defense Ministry andagainst 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 theactivity of the accused or the threat they represent for the society. I consider this trial anabsurd and monstrous one. A trial that shows that these courts are not searching for the truthor justice. All of the accused are young people, mostly students, who had never before had aconflict 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 withthe State Security and who work by their orders?

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

KOHA: You have already stated that the presence of the attorneys is actually formal. OnJune 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 ofthe trial. If the lawyers were not present, nobody would find out that the guns mentioned inthe indictment did not exist. The lawyers cannot influence in the punishment of innocentpeople. This is a matter of their conscience. But how could all of this be revealed, if thelawyers weren't there. If Albanian lawyers were not present in this trial, nobody wouldsuggest that arms be brought for administration as proofs and the conclusion would be thatthose arms existed. After we made that request, the court called for a 15 minute pause sothose arms could be brought in. After two hours, not knowing how to justify this to thediplomatic representatives present in the session, the court said that arms do not exist andtherefore they can not be administrated as proofs. In the next trial which starts on the 3rd ofJune, 15 Albanians are accused of terrorism pursuant Article 125 in conjunction with Article139 of the Criminal Code of Yugoslavia. The punishments for these acts are very severe - 20years in prison, the maximum. Thirteen of the accused are fugitive and will be judged inabsence. One of the accused, Ali Nura, has since the beginning negated to have committedany terrorist acts. So, he is not accused of terrorism, but as an accessory - transporting andguarding the rest of the accused. This too is a serious charge. The other accused whom Idefend, 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 inVushtrri, 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 byviolence 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 ofrepression. 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 thedivisions, 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 thefact that this lasting politics has created an “institutional vacuum”, and has also caused anidentity crisis of the movement. The big losers, the conditionally small political partiesalways stress the monopoly of the “LDK” in Kosova, and it’s indetermination whether it is amovement or a political party. Despite the success in foreign diplomacy, the political "bazaar"considers that Albanian leadership showed no success in the internal aspect, thereforeproblems have layered. But, “PPK” claims that the identity crisis of the national movement iscaused by the internal crisis in the “LDK”. “LDK and Rugova are the personification ofmovement for independence, and in case they fail, the Albanian political movement forindependence 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, itsigned an agreement on education, secondly, it accepted Van der Stoel as negotiator forKosova, and third, it postponed the elections. Some political circles claim that “this must bepaid for”.

If nothing else, Rugova’s decision to postpone the elections has inflated the crisis inside LDKand crystallized the positions of different fractions inside it. The crisis that began before theSecond Convention of this party, and which reached it’s peak after it, has determined thedivisions. Bujar Bukoshi, second in the Albanian political hierarchy, joins the criticismsagainst Kosova's leaders, which confuses the political discourse of the Albanian movementeven more. His statements, made immediately after the trial in Prishtinë started, evidence thatthe splitting inside Albanian subject is real. He said that “the moral mandate of the Albanianleadership is ending, and the Government has no intentions to become a part of the deceptionand political hypocrisy.” Bukoshi states that: “there are unforgivable incompatibilitiesbetween 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 toclear itself from the accusations published in the ‘Çlirimi’ bulletin”. “Therefore”, saysKrasniqi, “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 toachieve the political and national objectives.”

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

Anyway, the disagreements in the relations between the Presidency and the Government iscaused 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 jointmeetings. “All are doing their daily job”, it was said then. Different leaders of political partiesin Kosova thus gave their support to either Rugova or Bukoshi.

Bajram Kosumi from the PPK, thinks that “there cannot be personal statements of onegovernment, and perhaps this kind of work, this ignoring of the statements issued by thegovernment, 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 supportsthe Government of Kosova in exile in its requests for the application of more active methodsof peaceful resistance in Kosova. But, the Social-Democratic Party of Kosova, BesimBokshi's wing, supports Rugova and his party thinks that "the Government should act withinthe 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 thecreation 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 twofractions have crystallised their positions, claim sources close to the LDK.

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

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

On the other hand, improvisations in the Albanian politics have pacified the generalmovement and have mystified the role of the Albanian leadership. By revealing this role ofthe 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 usedthe 1992 elections and the improvised institutions for internal purposes, and not for thecreation of the real institutions of the Republic of Kosova". According to Mr. Kosumi thepostponement of the elections "is masochism, or a marginalization of oneself, and theabandonment of Kosova in the hands of the foreign factors".

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

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

In order to at least maintain the level of communication inside the Albanian subject, Rugovaused one his press conferences to say this: "Somebody has to watch the house, even with badmen 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 completedestruction of the Albanian political subject will not be avoided. Perhaps, then, differentgroups, or radical and moderate alternatives, as they are being called, will appear on thescene. 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 inthe so called "Paracin Case", an incident occurred in 1987 and in which 4 soldiers wereshot 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 newlight 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 thearmy. By verdict of the Military Court, Aliu and other seven soldiers (Rizah Xhakli,Abdylxhemil Alimani, Afrim Mehemeti, Shefqet Paqarizi, Enver Behluli, Rizo Alibashiqand Islam Mahmuti) were found guilty.

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

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

ALIU: Following the shots in the room where we were sleeping - even though we wereaccused of not being in that room at all - we didn't know what happened. Not only me, but noone. 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 pulledthe bed sheets up, and immediately afterwards I noticed that it had a hole in the middle. Someother 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 oneaccused Aziz Kelmendi, me or any of us that were accused later. An hour later, some armyofficers came. Among them a captain came saying loudly: "This was done by AzizKelmendi!". Thus, by carrying on the "news", people started saying that it was AzizKelmendi. But, the truth is that the crime was committed by someone else. Someone whoseidentity 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 waskilled and other three wounded. One of the wounded, who declared being Albanian during thetrial, 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 theincident, I spoke to Afrim, who was in the room and escaped the wounding. He confirmedthat he hadn't heard a thing.

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

One of the officers asked for the on-duty register that held the names of the guards for thatnight. Aziz's name was not among the names of the guards, although he was on duty thatnight. 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 insidethe barracks, some say it happened outside, but in fact, no one knows where did this exactlyoccur.

All the soldiers, after the officers came, were put in the TV lounge. We were held inside till 5a.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 Kelmendiwas supposed to have stayed. None of the dogs went outside the fences. They stayed in frontof them.

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

At that time, Admiral Branko Mamula (then Minister of Defense of SFRY) came on ahelicopter. The guard who was with me at that time, had gone to receive the Admiral, while Iwas taking notes from the old shepherd. He said that he saw a soldier laying, and he didn'tknow if he was sleeping or if he was dead.

Once in court, we witnessed a completely different story, according to which the police foundhis 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 foundby the fence.

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

Aziz's body was brought into the barracks by soldiers that had come from Nish. Around seveno'clock of the same day, Aziz's father came in front of the gate. We were wearing civilianclothes, because we were waiting for him. He had brought Aziz's civilian clothes. As hereported 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, allconfused, what was going on. After she was told to climb down the car, we started inspectingit. We couldn't find anything, except the clothes that they had brought to him, because he wasabout to finish his military service. They confiscated the clothes, and told me to write thereport.

In the meantime, Aziz's father was accused, that he had come that day to pick up his son andtake 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 thislasted 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 AfrimMehmeti and Shefqet Paqarizi. As we were watching the news and when the incident wasmentioned, 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, allAlbanians 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 civilianclothes 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 securityofficers. Two people entered after them, and from 9 a.m. to 1:15 a.m the next day they didn'tsay a thing. That's when I realized that something was wrong. Some time after 1:15, theMilitary 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 hadnothing else until the beginning of the trial. They didn't let us speak in front of the jury, andkept 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 byall 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 tomajor following our case. During the investigation, he was only writing, without asking usany questions. He wrote every word of the statement. They set the whole case up. There wereno witnesses that spoke for or against us during the whole case. Some of the witnessesdefended themselves saying "I don't remember", while I, today, even after ten years spent injail, remember nearly all details of the night of the crime. The parents of the soldiers that werekilled 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'thave taught Aziz how to use the automatic gun, since he had one too. Also, he had a higherranking 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 werein court he turned to me at the end and said: "You are an evil man that doesn't admit it! Youare 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 spent1134 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 fromhome.

In the end. The thing I still think about is our last strike, after the death of Pjetër Duhani. Thatwas the moment in which the unity of all political prisoners was proved. We managed tosurvive 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 ofpluralism, these are going to be fourth parliamentary elections. In normal circumstances, onlytwo elections should have had to be organized. But everyone understands that after a longtime 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 thelast five years, caused their share of consequences. Compared to 1991 and 1992, the transitionperiod of the country, the pre-electoral situation seems to be very serious. A major part of thepopulation 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 innumbers shows 1.500 dead and around 2.000 wounded (a "dignifying" bulletin even forBeirut and Sarajevo, in their worst times). On the other hand, the political parties too, withpathological hatred among themselves, took their places in the respective barricades and aregetting their swords of war ready. The worse of all is the revealing of provincial hatred on thesurface. In these circumstances, a question appears to be coming out all the time: “Are thereany normal conditions for an electoral campaign?”. Even the most optimist Albanian wouldhesitate to answer positively to this question. On March 9, political parties and presidentBerisha, established a National Reconciliation Government for the coming elections. Twomain government’s tasks were the preparations of the elections and the settlement of publicorder. 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 theeyes 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 somemain tasks. Until now, the problem of the television is still unsolved and so is that of theelectoral commissions, then there is the problem of the mayors who are independent from thegovernment, but they are dependent from the Interior Ministry dominated by democrats. Thepresident of SHIK (Albanian Intelligence Service) has not been appointed yet, and hisabsence made it possible for these structures to escape the control by the state and allowedthem to be used by clans and criminal groups. The clearest case is the attack on MilitaryHospital in Tirana, perpetrated by some republican guards to revenge the death of theircolleague during an armed dispute in Cerrik. It is easy to imagine the electoral days, when theparty passions will captivate everyone. Then we must have in mind the brutality of the socalled “Republican Guard”. The government, besides having big problems, has tooccasionally face trials, that incites the dilemma about it's decisions to "get rid" of peoplesacked from public administration. Thus, the interior minister’s deputy, Agim Shehu, accusedby the opposition to be the persecutor of the opposition and the free press, sued thegovernment.

Police commissariats in most of the cases don’t have the necessary personnel, feelingabandoned and helpless to answer to all the threats. It's still unclear whether Albanians willvote 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, heescaped 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 hisparty’s interests for the national ones. Thirdly, a facade was created behind which he is hidinghis obstructive politics. Since from the beginning he chose the route of confrontation with thegovernment, he blocked the electoral law drafted by the government, he stopped theappointment of the mayors by the government and left them under the control of the InteriorMinistry. He has not appointed the new president of SHIK and has also not put under controlthe special troops. This was proven by the operations that took place in some parts of theregion, in Cerrik, Tepelenë and Kelcyrë, that caused the death of many soldiers. Thepresident's office in Tirana is not safeguarded any longer by ordinary soldiers, but by youthswearing civilian clothes, unshaved and unwashed, carrying machine guns while going aroundthe building. On the other hand, this government has, in a way, “freed” the president from hisresponsibilities. He, during his electoral campaign, accused the socialist minister of financefor withholding information on the pyramidal schemes, at the same time when it is him whois delaying the adoption of the Law on "Transparency". Likewise, the government is accusedof sacking people for political reasons; of cooperating with the socialist committees andbecoming port-parole of the Socialist Party.

Ultimately, now it is easier than before. If at that time the president had to carry all theresponsibilities 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 solvingthis, all political parties gathered on Tuesday to discuss the invitation of Democratic Party forthe 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 thelaw as far as the electoral campaign is concerned, in the sense that they have to be developedin tolerance, and where it could be possible, free political exchange of viewpoints and thepresence of each political party in all regions.

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

In general, parties consider that participation under the state of emergency will mean that thegovernment is not functioning, because in such case, the priority will be of the InteriorMinistry. But, DP didn’t give up on it’s decision to keep the status-quo. One of the argumentsused by it is that “being Sunday, people will go to the beach, so its better to extend the votingperiod so all can come”. According to the parties, DP’s stubbornness comes from the fact thatafter 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 ifthey give-up on some of their stands.

But, there are no news. Another element present in this pre-electoral situation is theprovincial hatred. Even though every time this element is mentioned, the politicians' reactionis immediate and pathetically-patriotic, saying that Albania is one and there is no South orNorth, 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, andmostly they are stimulated by uninformed media on the situation in Albania, that prefersensation or easy analysis. After the 22 March victory in 1992, DP quickly abandoned it’smotto on “the joint guilt and grief”. The party started very early to fly it's flag againstcommunism. Instead of healing the wounds from the painful past, DP opened them more. Itdidn’t let people to see up front, but kept them behind it. In this sense, a certain role was thatof the cultivation of hatred. For right wing parties, coming to power would mean revenge forthe past.

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

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 hatredwas 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 thisissue into a political debate. This phenomenon can be denominated as a quarrel inside a poorfamily in debts. The other side’s reaction concertize with the hatred of people who came fromthe North to Tirana, with the hatred towards Tropojë, the president's hometown, with thehatred 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 isconsidered to be independent and emancipated. Some days ago, a newspaper published anarticle on Vlorë's former chief of police, to whom it referred to as “Tropojan”, used in thepejorative sense.

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

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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 beenordered. It suggested the ban of the use of the all national flags but the Macedonian flag, withthe 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 thatthe Macedonian state should have a specific flag, but the national collectives should have theright to use their national flags.

The spokesman of Macedonian Constitutional Court, Jugoslav Milenkovic reiterated thataccording to the constitutional provisions, nationalities in Macedonia have no right to usetheir national symbols. On the other hand, the prefect of Tetova, Alajdin Demiri noted thatAlbanians will not give up on their right to use their flag: “It has become a practice inMacedonia to read the constitution partially. If rector Fadil Sylejmani was convictedaccording to the old law of the former Yugoslavia, although there was a new one, the verdictwas valid. In our case, when we use our flag according to the old law and the newconstitution, it comes out that our decision is not valid. This is a partial interpretation andvery tendentious one. The constitution itself, Article 48, includes the right of nations that livein Macedonia to express their specifics. We consider our flag as a specifics”, said Demiri. Inregard to this issue, “KOHA” publishes the speech of Gostivar’s prefect, Rufi Osmani, thathad to be delivered in last week’s rally for the defense of the Albanian flag, which hedelivered, without reading, to the masses:

"Citizens of Gostivar and all Albanian territories in Macedonia, welcome to the Assembly ofthe Albanian Flag in Macedonia! This protest rally for the defense of the national flag wascalled in the name of all Albanian municipalities in Macedonia, with the aim to clarify theindoctrinated 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 issueand 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 ofAlbanian regions in Macedonia, a big injustice has been eliminated. It was an injustice set bythe 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 essenceare black, send us a new note with the old message: “The official use of the Albanian flag isforbidden”.

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 bythe Constitution and laws is allowed”. There is no law that forbids the use of Albaniannational flag, therefore all decisions of Albanian municipalities in Macedonia are legaland 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 atthe 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 havedecided so and because God blessed it.

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

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

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

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

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

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

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

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

- Today, when general dissatisfaction points out those who are really to blame andthese 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 countryto the edge of abyss.

And, as always, by preferring and applying the recipes of big brother from the same ethnicand 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 theyare guilty because they are using the national flag, tomorrow because we will achieve theregionalization, and so on.

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

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

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

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

2. The Constitutional Court of Republic of Macedonia should review its decision to forbid theofficial 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 ConstitutionalCourt by force. In that case it will be responsible for the dangerous escalation of inter-ethnicrelations, especially the Albanian-Macedonian ones.

4. We appeal to the state institutions and citizens of Macedonia to preserve the peace as thehighest value of democracy and contribute to building a safe and equal life, in the spirit of thecenturies' 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!