Documenti
We offer you our support
Dear Fatos,
I write to you, to express you my great pleasure and that of the parliamentary group I represent, on your success in the general elections. We send you our cordial greetings and wish you to be successful in your difficult obligations to return back to the Albanian people the confidence and faith to the Government.
I would like, at the same time, to offer you our active support
in confronting the difficult situation of the future. The deputy chairman of our parliamentary group, encharged on foreign affairs, Harmez Swaboda, will establish very soon contacts to plan our future meetings.
With the best wishes
Sincerely yours
Pauline Green
No legal obstacle for Fatos Nano
An interview with the lawyer, Perparim Sanxhaku
Being asked about the pretences of some DP leaders that Nano can not become a deputy and the Prime Minister of Albania, because alleged legal obstacles, according to the Article 35 of the Penal Code, where, someone sentenced with more than 10 years of imprisonment and being charged for violating his official post, the lawyer Perparim Sanxhaku, who has been the defence lawyer of Nano as well, and has had a good grasp on the legal process, answered:
Regarding this issue, I would like to be very clear and sharp, due to the referring of the legal dispositions which actually are in force in our country, I can say that Fatos Nano does not have legal obstacles to exercise the function of the Prime Minister of the country.
The Article 35 of the Penal Code, to which the authors of the accusations refer, has to do with an extra sentence, granted by the court, when a person is judged for a precise penal act. Based on the dispositions of the Penal Code, which is on power, despite of any punishments for any crimes or any other acts against law, the Court gives an extra punishment. It is this kind of extra punishment, which is foreseen in Article 35 of the Penal Code.
In the case of the leader of Socialist Party, Fatos Nano, the Court has not granted any extra punishment to Mr. Nano, when it granted the main verdict, and no one can strip him down from the right to exercise state or public functions. Like, this there is no legal obstacles for Nano to exercise top official functions.
Referring to the other part of the accusation that Nano has not the right to become a deputy of the People's Assembly, as well, Mr. Sanxhaku said that, to my opinion, this is a law deformation on purpose. In order to make things clear to the public opinion, I would like to refer to Article 19 of the Law on the Human Rights, where it is mentioned literally: "The detained persons and those punished, being experiencing their sentence by being kept behind the bars, do not enjoy the right to be elected. These persons have only the right to elect". Thus, the legal obstacle is only to the detained persons and to those who are experiencing the imprisonment sentences. This is the juridical understanding of the Article 19 of this Constitutional Law.
Fatos Nano's juridical process, has been completely an invention of political character. Very soon, numerous people came to realise that they did not have to do with a real penal case, carried out by the Chairman of the Socialist Party. Fatos Nano is completely innocent. The people's plebiscite vote in the general elections proved the innocence of the leader of the Socialist Party and of its party, he leads since 1991.
Berisha's mandate drags out the final results of the elections
An interview with the deputy chairman of CEC, Prof.Dr. Fatos Klosi
The core of the letter we addressed to the President of the country, Sali Berisha, lays down the demand to the President to make public his decision on the post he will carry in the future. If he will continue to run the President of the Republic, he looses his right to be the candidate of the Democratic Party in the proportional list. If he will agree to become a deputy in the proportional list of the Democratic Party, he should resign at once, because he can not be simultaneously the President of the Republic and a deputy. The Constitutional package prohibits this.
We have to mention here that our letter did not have an official character and we do not expect any official answer. What we expect is a kind of a public statement on his side. I think that he should provide a public response, as far as the law is pretended to be violated. He should make public his decision, in order not to violate law.
A strong debate has run off in the Central Electoral Commission (CEC). The members of CEC, representing Democratic Party, but even others, as well, used to think that by following the experience of the elections of 1996, could easily allow the President to be a deputy, as well, at a time that this is very clearly stated in the constitutional package, it is illegal, it should not be let to occur. According to the supporters of the previous version, when the parliament will be convened, the President will choose the task of the deputy and after that he would resign as a President. While, according to me, he will be proclaimed as a deputy since the moment that he is proclaimed like this by the Central Electoral Commission. If we are going to sign, he is to be considered as a deputy. The names of the proportional lists are issued by CEC, based on the lists political subjects have provided to it before. We expect to make public the final results of the elections, according to the law. But, we can not do that, because, in order to compile the final lists, we should be supported by the two-thirds. But, the two-thirds are not formed by any grouping in CEC. As we can not reach it, we will issue a statement to make public why the final results of the elections are not made public.
By law we should make public the final results of the elections. The other part in CEC knows this, but they do not want to implement it. This kind of delay can be up to the time that they will surrender.
By this, they try to give the mandate of deputy to Berisha, at a time that he is the President of the Republic.
In the course of our work we have not had any pressure from the political parties in this direction, but to be mentioned is their changing of the proportional lists up to the last moments.
By law, these changes are not allowed, but we have accepted them, because in these elections such kind of minor things seemed to be common. The Party of Legality, for example, has removed Spartak Ngjela, the present Minister of Justice, from the position number 7 into number 2 etc.