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uL stration and eV tting in post-communist Albania inter-linked
with civic trust in governmental institutions
fact this is just a trick. Indeed, this law assumes a serious political speculation. This law proclaims
Fatos Nano by 31 March responsible for the genocide. It is a bitter historical irony when it is
known that he was elected a member of the people in the city of Tirana on 31 March. He was the
only leftist who managed to win the capital. Subsequently, the first pluralistic assembly elected
Fatos Nano as prime minister and no one dared at that time accuse his person as a representative
of the genocide42.
Socialist Party MPs, strongly were against the law arguing that the law was for political vengance.
Another member of Parliament, Leontiev Çuci, argues:
“Dear MPs. I am one of those who this letter, or rather this political order, wants to implicate
in the so-called genocide, because from 25 February to 31 March 1991 I was chairman of the
State Plan Commission. So, for 40 days, I was in the position of minister when it was declared
pluralism, in a department dealing with the economy alone”43.
Also the argument of the Socialist Party MPs about this law was that already what is predicted
in this was part of Criminal Code and the main porpose of the law was the acceleration of the
crimes commited against humanity for political, ideological, class and religions motives. In legal
point of view Genicide Law was already part of Criminal Code.
MPs from the ruling party argued the law as a need for justice of communist suffering and the
defense of democracy in the country and that the need for such a law is been born from some
times.
Verification Law
In parlamentarian debate in 20.11.1995 for the Law no.8043, date 30.11.1995 “On the verification of
the moral character of officials and other persons connected with the defence of the democratic
state”, Aleksander Meksi, Prime Minister of Albania stated that in the begining of the years 1990
and 1992 many files from former Sigurimi were destroyed44. This fact will be admitted years later
also from Ramiz Alia, the last communist president of Albania. In the debates about the law
the opposition accused the government that this law was a accelerated procedure and the main
reason of this law was to eleminate the political opponents (opposition). The law predicted a
wide range of high position to be banned from office and the categories were very wide including
the President, elected persons, senior position in public administration and juridical sector, also
mass media and universities. All these categories that served during the entire period 28.11.1944
up to 31.03.1991, Politburo member, elected or director in state administration, an officer and
collaborator of State Security or any analogous foreign service, a false witness or denouncer in
political processes, an investigator, prosecutor or judge in special political processes are subject
of the control of figure. The verification or control of character were conducted from Verification
Commision.
The Commision was composed by 7 member, the chair appointed by the parliament, the deputy
chair and 1 member form the Council of Ministers, 3 member from ministries of Justice, Interior
and Defence, and 1 member from Informative State Service. Each decision of the Commision
could be appealed in Casacion Court within 7 days from the day of notification to the person
subject of the law. The judged of this court were nominated also from Albanian Parliament. The
members of Commision could not garantee impartiality and being independent from executive
power.
42. Parlamentarian Debate, Year 1995, p.1236
43. Parlamentarian Debate, Year 1995, p.1256
44. Aleksander Meksi, Parlamentarian debate, year 1995, p.1535
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