NIKOLLË LOKA
Av. ALFDRED DUKA
NIKOLIN KURTI
Part twenty eight
– THE FORECAST MURDER OF A CLERGYMAN OF THE RENAISSANCE –
Memorie.al / Before we begin to briefly analyze the investigative and judicial file in charge of the defendant Shtjefën Kurti and others, for the reader we will make a parenthesis of the right and its history in human society, with the goal of coming to our criminal and procedural law, from its beginnings and throughout the years of the dictatorship.
Continues from last issue
A review of the first trial, to understand the second trial
Defendant Mark (Bardhok) Marku explains:
“… In the conversations that I, Shtjefën Kurti, Fran Noci, Agustin Preҁi, Pjetër Biba, Zef Nishi and Ndue Leti have had, sometimes with one and sometimes with the other as the case may be, we have presented the bad economic situation of our country, that the people are suffering for the bread of the mouth and this comes as a result of the implementation of the policy of the Party in the direction of collectivization, that cooperatives are not for the good of the people, that they have impoverished the people, so they should not exist at all…! We have raised the standard of living of the working masses in Western and revisionist countries…!
We have often talked to each other about the rapid change in the situation in Albania and the overthrow of power, as a result of the military intervention of the Soviet Union, just as it conquered Czechoslovakia, it will immediately conquer Albania too…! At the dinner we had at Stephen’s house, he told us that war has broken out in the four corners of the world and in this war the two big countries will win – America and B.S., which will divide the world in two. Albania belongs to the Soviet Union. We all agreed with Stephen’s words…! We often listened to foreign radio stations and talked about the news we heard…”.
While the defendant Agustin Preҁi explained to the investigator:
“…Discussing the invasion of Czechoslovakia by the Soviet forces, I, Frani and Bardhoku said that this government is overthrowing us as well, that they took our souls, they have left nothing behind and we cannot make a living. We spoke for the destruction of the cooperative system and for the return to private property, that in capitalist countries people are free, there is greater development, there is freedom and people live very well. Pjetër Biba, speaking against the government, said: these are vile, they think only to drink the blood of the people, and they impoverished the people and leave them nothing…!
In a conversation with Shtjefën Kurti, he told me that there is no way to stay with this power, God will bring it down because these are people without religion. Blessed are those who work against them because they will go to heaven. God will not tolerate their injustices and someday he will take revenge. When I asked Shtjefni how God tolerates communists who fight religion, he told me in the religious language that God sends the punisher, but God also punishes the punisher. The punishers for us are the communists, so God will also punish these communist punishers….
The defendant Pjetër Biba has stated to the investigator:
“…In the meetings with Shtjefën Kurti, Mark (Bardhok) Marku, Zef Nish, Agustin Preҁi and others, as well as in individual meetings, in the meetings at my house and Shtjefn’s house and at the mill, we have constantly spoken against the government, that we cannot we live in this government where poverty and injustice rule, where there is no freedom and people suffer even for bread.
Albania is to blame for the breakdown of relations with the Soviet Union. We have spoken about the measures taken by the Party against religion, considering them unfair and we used to say that I hope this government is overthrown and another government comes, so that our churches can be opened. We talked about changing the situation, the intervention of the Soviet Union as a great power, and that the work should end here, as it happened in Czechoslovakia.
The defendant Fran Noci told the investigator:
“… In conversations with Agustin, Bardhok, Pjetri and Ndue Leti, we talked about the life in our country, presenting the bad, and about the good life that is done in the countries of the West. When the Soviet Union invaded Czechoslovakia, we said that the Soviets will fall to Albania, this power will fall, we said that what we are sowing this year, we will reap for ourselves. When we talked about the destruction of the cooperative, I told them that I will take 40 dulams of land and my shops and in this way I have been able to live well. I told Agustin that I would also make him a partner…”!
“…In a meeting with Agustin, he told me to undermine the Stalin monument in Tirana and escape to Greece or Yugoslavia. Agustin told me that I have the dynamite, while you have the fuse, to do the mining. I told him that I agree to undermine the monument to Stalin and escape, but I don’t have the conditions, I don’t have anyone to leave at home. The demolition of the Stalin monument would serve as a guarantee for us, so that we would not be returned to Albania when we escaped…”!
Defendant Zef Nishi explains to the investigator: “…In conversations with Shtjefő Kurti, Mark (Bardhok) Marku and Pjetőr Bibő, in meetings at the mill, in our homes, we talked about the fact that in Western and revisionist countries there is freedom of speech, the press, freedom of organization by party and not like here where there is a dictatorship, no one lets you write and speak freely. We have talked about the change in the situation of power; it will shy away from the interventions of other countries, as happened in Czechoslovakia. We talked about escaping, we spoke against the revolutionary measures, calling them unjust and that they were done against the wishes of the people…”
The defendant Ndue Leti, in continuation of his hostile activity, in the meetings with the defendants Bardhok Marku, Pjetër Biba, Zef Nishi, Fran Noci and the witness D.M., has spoken badly about the economic situation of our country that the cooperative system is not for the good of the peasant, because, according to him, this impoverishes the people. They listened and commented on foreign radio stations, talked about the change of the socialist economic system and the return to private capitalist property, as well as the change of power as a result of the intervention of foreign countries.
Speaking badly about the economic situation in Albania, they boasted about the way of life in revisionist and capitalist countries. Such hostile conversations, which were aimed at weakening and undermining the popular power, the defendant Nue Leti, developed until the time of his arrest.
Regarding the above, the defendant Bardhok Marku explains:
“…In the conversation with Ndue Leti, we said that the cooperative system is not for the good of the people, but makes the people suffer…! We both said that this system is not going to stay like this anymore, that the Soviet Union will intervene and China is far away, there is no way to help, unless help comes from China, the work here has ended.
Speaking about the events in Czechoslovakia, we have called this the liberation of Czechoslovakia, something that we wanted for Albania and we said that it will happen to us too, we will fall asleep one night and in the morning we will find another government… ! They say in vain that in Albania, everything is done by dictatorship, without the will of the people…”!
The defendant Nue Leti, speaking to the investigator about the hostile conversations he developed against the government, says to the investigator:
“… Like me, Bardhok and Pjetri, we often talked at the mill, in Pjetri’s house, about the bad life in the cooperative. We said that collectivization is not for the good of the people that this system impoverishes the people and we were better off when we were private…! We discussed that there is a strong dictatorship here that the state has gathered the people into a fist and does not let them do as they please. We have expressed ourselves for more freedom, for the people to live as they want and to take back their properties…”!
Defendants Pjetër Biba and Fran Noci explain that with Ndue Leti, they listened to foreign radio programs in the Albanian language and discussed that in the Soviet Union, in Yugoslavia and other countries, the villagers live better than here because they have their lands, they have called life in agricultural cooperatives difficult and they have said that they lived better before. Talking in this way, they expressed that the cooperatives do not have to continue for long.
But the defendants forget that our people, united as a single body around the People’s Power Party, broke and reduced to ashes all the conspiracies and intrigues that the imperialists and revisionists conspired against our country. This great and invincible force of our people, showed the country and you the puppies of imperialism and revisionism, putting them on the bench of the accused to account for the crimes committed against the Party, power and our people. We are once again telling the defendants where the strength of our people’s power lies.
The defendant Ndue Leti, apart from the hostile activity of agitation and propaganda against the government, which was explained above, starting from 1962 to 1969, has continued the criminal activity in different groups by appropriating socialist wealth from time to time.
The activity of the defendant for the embezzlement of the socialist property was made concrete during the investigation in these episodes:
In 1962, he cooperated with the defendant Pjetër Biba in the mill of the Gurëz agricultural cooperative and they continued until 1965, when they were connected with the defendant Mark (Bardhok) Marku, specifically, by stealing the surpluses created in the mill of grain for the cooperative and in the realized irrigation. The defendants Ndue and Pjeter, in 1962-1963, sold 200 kg of corn flour. Easter Mirit, 150 kg. Fran Nokos, 100 kg. Baft Ali Hysen, 100 kg. Bajram Cafit. Whereas in 1964-1965, they sold 150 kg of corn flour again Pashkë Mirit and, in collaboration with the defendant Mark Marku, they sold 300 kg. corn flour Martin Rrokut, while 200 kg. corn Bjaram Cafit.
The defendant Ndue in 1966-1967, in cooperation with the defendant Fran Ndoci, also assisted by Bajram Cafi, stole 700 kg at night from the warehouse of the III brigade corn and the money realized from its sale, they divide between them.
In 1968, the defendant Ndue, in agreement with Gjok Niko, stole 330 kg in the mill of the Gurëz agricultural cooperative on four occasion’s corn from the surpluses created in the soil and water, dividing them between them.
Only the defendant Ndue in 1969, being a miller of the cooperative in Fush-Milot, stole 14 bags that were caught in the apartment during the control, 90 kg. 30 kg of wheat corn, which he sold to Kol Shtyti and 116 lek realized from water, dated 28/11/1969, from the agricultural cooperative of Ishull-Lezhë.
Calculating the value on the basis of the state prices of free sale, the defendant Ndue, in collaboration, has appropriated 5,954 lek, while his profit is 3,573 lek, thus consuming one of the elements of the crime provided by article 80/1, in combination with article 12 of the Criminal Code.
The guilt of the defendant Ndue Leti is proven with his statements to the investigator, with the attributions and confrontations with the implicated defendants, with the statements of the mentioned witnesses, with the water coupon and with the bags that are kept as material evidence.
Also, the defendants Ndue Leti and Pjetër Biba are accused of having gambled with other people for a long period until their arrest, which they played in several places in Gurëz, in nature and in apartments, in Tirana in the apartment and in the hotel “Vollga”. Tools for the game have been dominoes and cards made from them, as well as cards designed for gambling. The interest in this game was the use of money, where sometimes they won and sometimes they lost, especially in the game of 31.
In these conditions, the defendants have consumed the elements of the crime provided by article 285/2 of the Criminal Code.
The guilt of the defendants Ndue and Pjetër is proven in their statements and attributions made to the investigator and in the statements of Mark Mark and D.M.
The sabotage and agitation activity of hostile propaganda, as well as the embezzlements carried out by the above defendants, present significant social dangers, as do the defendants themselves due to the fact that they aim at undermining the cooperative economy, undermining and weakening the popular state. .
All the defendants have admitted their guilt and have given explanations to the investigator, while the defendant Fran Ndoci, once again showing the true spirit of a furious enemy of the people’s power, have tried to reduce his sabotaging activity towards the cooperative economy. .
The guilt of the defendants for the crime of sabotage, agitation of hostile propaganda against the government, embezzlement of socialist wealth and gambling, is fully proven by the statements of witnesses, evidence and written documents, the statements of the defendants and the attributions that one makes to the other. .
From what was said above:
1) SHTJEFāON KURTI, son of Jaku and Katerina, born in 1898, born in Prizren, Yugoslavia, living in Gurëz, wealthy class, with a high theological education, former priest, no party, unmarried, convicted of 25 years of imprisonment as a foreign intelligence agent, arrested on 11-6-1970:
2) MARK (BARDHOK) MARK NIKOLLA, son of Mark and Marie, born in 1934, born in Ras i But Mirdit village, resident of Gurëz, Krujë district, poor stratum, with Albanian nationality and citizenship, with self-taught education, without assets, married with two children, farmer member of the agricultural cooperative, arrested on 11/3/1970;
3) AGUSTIN PREÇI – the son of Mark and Mrika, born in 1939, born and resident in the village of Gurëz in the district of Krujë, poor class with Albanian nationality and citizenship, with seven years of education, no party affiliation, married with two children, arrested on 4-9-1970;
4) PJETĞOR BIBA – the son of Mark and Dile, born in 1921, born in Fan te Mirdita and resident in Gurëz, Krujë district, poor stratum with Albanian nationality and citizenship, married with three children, excluded from the party , arrested on 26-2-1970;
5) ZEF NISHI, son of Gjekő and Lukő, born in 1937, born and resident in Gurëz, Krujő district, of Albanian nationality and citizenship, middle class, with seven years of education, married with three children, professional motorist , not convicted, without a party, arrested on 7/2/1970.
6) FRAN NDOCI, son of Ndue and Mrika, born in 1943, born and resident in Gurëz, Krujë district, with Albanian nationality and citizenship, middle class, with seven years of education, no party, no convictions, married and with 5 children, member of the agricultural cooperative, arrested on 11-6-1970.
7) NDUE LETI, son of Lleshi and Prena, born in 1928, poor peasant, born and resident in Gurëz, Krujë district, with primary education, Albanian nationality and citizenship, excluded from the party, not convicted, married and with six children, arrested on 11-4-1970;
CHARGED
1) The defendants SHTJEFON KURTI, MARK MARKU, AGUSTIN PREÇI, PJETĞER BIBA, ZEF NISHI and FRAN NDOCI, in cooperation with each other, committed acts of sabotage to damage and destroy the agricultural cooperative of Fush Milot. They have developed hostile agitation and propaganda against the people’s power, these acts which are foreseen as crimes under Articles 72 and 73/I in combination with Article 12 of the Criminal Code. The defendant Pjetër Biba also for the crime provided by article 285/2 of the Criminal Code.
2) The defendant NDUE LETI, in collaboration with the other defendants, has carried out agitation and hostile propaganda against the popular government and has carried out large-scale embezzlement to the detriment of the economy of the agricultural cooperative “Ndoc Deda” as well as gambling, etc. these provided as crimes by articles 73/1, 80/1 in combination with article 12 of the Criminal Code as well as by article 285/2 Penal Code.
Considering the investigation of this case completed and the collected evidence sufficient to send the case to the court, in support of Article 202 of the Code of Criminal Procedure, I decided that the investigation file no. 117 in charge of the defendants Shtjefön Kurti, Mark Marku , Agustin Preçi, Pjetër Biba, Zef Nishi, Fran Ndoci and Ndue Leti, to send to the District Prosecutor’s Office of Krujë, to approve the indictment and to forward the case for trial.
The indictment was drawn up in Tirana on 26/11/1971. Memorie.al
The investigator
Koço Josif
The next issue follows
