Dashnor Kaloçi
The first part
Memorie.al publishes some archival documents extracted from the Archives of the Ministry of the Interior in Tirana, which belong to the years 1966-1975, in a file in charge of the former Director of State Security in the Ministry of People’s Defense, Major General Halim Xhelo, which contains the documents of his investigative and judicial process, etc., starting from February 8, 1966, when he was arrested by his State Security colleagues (because of an anonymous letter that he had made to the first secretary of the PPSh Central Committee, Enver Hoxha), and ending on May 25, 1975, when the record of his death was compiled, in Burrel prison, where he was serving his new sentence punishment, “for agitation and propaganda”! As we will see in the said documents of the court file in charge of Major-General Halim Xhelo Koçi, originally from the village of Dukat i Vlora and residing in Tirana, the main accusation against him is the anonymous letter he wrote to the dictator at that time Enver Hoxha. He analyzed in detail the wrong political line that was being followed by the senior leadership of the PPSh, (copying and imitating Mao Zedong’s China), which had led the people to complete misery, so much so that the cooperative peasantry was also suffering for the bread of the mouth. In addition to this accusation, the investigative and judicial bodies of that time, by order from “above”, to discredit the dissident general, have also accused him of “theft of state property”, by embezzling some monetary sums (in dollars and lek), for a television set that he had bought abroad and several meters of cable, which, by court decision, were charged and seized. However, it seems that the senior leadership of PPSh, personally Enver Hoxha, were not satisfied with the sentence of seven years, which was initially given to Halim Xhelos by the Military College of the Supreme Court (headed by Colonel Vangjel Kocani and his two assistants, Colonel Koço Tollkuçi and Minella Trebicka), two years later, in 1968, while he was serving his sentence in Burrel prison, he was re-sentenced again, by another panel of judges (Sybi Dedej, Hajri Shehu and Frederik Nosi ), based on some testimonies given by some of his co-sufferers in that prison, former soldiers of the Ministry of Internal Affairs. At the end of these documents, we will also publish the minutes of his death in Burrel prison dated May 25, 1975, signed by the doctor, Myslym Hysa, the deputy district prosecutor, Vangjel Muzina, and the prison commander. Idajet Deda who considered it “suicide”! For more about these, we know the documents in question, which are published for the first time by Memorie.al
The document of 1966. with the decision of the Military College of the Supreme Court, for the conviction of Major General Halim Xhelos
THE PEOPLE’S REPUBLIC OF ALBANIA “MILITARY COLLEGE”
SUPREME COURT No. 16 Reg. charter
No. 13 of the decision
Decided
IN THE NAME OF THE PEOPLE
The judicial council of the Military College of the Supreme Court, formed under the chairmanship of:
Colonel Vangjel Kocani, Judge of the Supreme Court, help me. Judge, Colonel Koço Tollkuçi, – Assist. – Trial.
Colonel Minella Trebicka – Help. – Trial.
Assisted by the secretary, Vangjeli Terova, with the participation of the Deputy Prosecutor General, Colonel Faik Minarolli, with the closed sessions of 9 and 10.3.1966, considered the case with No. 16 belonging to the defendant:
HALIM XHELO, son of Koçi and Xhiko, born in 1923, born in Dukat t Vlora and resident in Tirana, social origin, wealthy peasant, officer with the rank of Major General, married, has three children, A.P., previously unconvicted, holds the following decorations: the order of the Flag, three orders of Skanderbeg, (1 of the II class and three of the III class), the Partizan order of the II and III class, the order of Military Service, the order of Bravery, the medal of Remembrance, Liberation and Bravery, the order of the Red Star and the 10th Anniversary of the Army, arrested on February 8, 1966, represented by Lawyer Gaqo Progri.
Accused that:
He has developed hostile propaganda against the people’s power, has appropriated state property more than once, as well as abused his official position, thus committing the crimes provided by articles 73 point I, 80 point I and 323 point I of the Criminal Code.
JUDICIAL COUNCIL OF THE HIGH COURT MILITARY COLLEGE
After listening to the defendant’s apology, the claim of the prosecutor, who asked to plead guilty and, based on Article 73 point I of the Criminal Code, be sentenced to 10 years of imprisonment, based on Article 51 of the Criminal Code with 2 years of deprivation of liberty, and based on article 325 point I of the Criminal Code with 5 years of deprivation of liberty.
Finally, based on Article 40 of the Criminal Code, he asked to be sentenced to 10 (ten) years of deprivation of liberty and the removal of the rank of Major General, after hearing the defense, the last word of the defendant, who asked for mercy, and after considering and analyzed the evidence as a whole:
SAY:
Defendant Halim Xhelo, having the post of Deputy Director of State Security and the rank of Major General, instead of fighting against enemy elements and defending the Party’s line, protecting the interests of the homeland and the people, he, on the contrary, as a person reactionary, has been put in opposition with the Marxist-Leninist policy of our Party and State and has developed agitation and propaganda against popular power.
At a time when the Party and the Government addressed a letter to the communists and the broad masses to support and discuss measures against bureaucracy and a revolutionary style at work, at a time when our people responded to the call of the Party and were discussing with enthusiasm showing creative thoughts and proposals, the defendant Halim Xhelo, has sent an anonymous letter to the Party and State Leadership, with clearly hostile content.
During the course of the trial, it was proved that the defendant has expressed defamatory words in this letter against the policy of the Party and the State in general, against the great victories of our people’s revolution. He wrote in this letter that, during these 22 years of people’s power, our people have been in dire straits, for their bread and butter, that the peasantry is also being robbed, that the rope is being tightened around the throats of all classes, etc. etc. In this way, the defendant has become a pillar of hateful imperialist-revisionist propaganda.
It was proven that in this letter the defendant also slandered against the steel unity: party-leadership-people and in an unparalleled hostility emphasized that allegedly in a serious and dangerous situation for our country, the working masses will not follow the leadership of the Party and the State, so if the Greeks, Serbs or the devil himself attack you, the defendant writes in the letter, go out yourself to defend the homeland, because we are not in danger.
In the letter, the defendant also stated that they are right to call us dogmatic. In this way, he has completely agreed with the Khrushchev and Titist revisionists, who are furious enemies of the Party and our people.
The above slanders and other hostile expressions contained in the letter were made with the aim of discrediting the straight Marxist-Leninist line of the Party and our State; therefore they are essentially considered calls against the people’s power. The fact that the defendant sent this letter with hostile content to the destination proves that his goal was to spread these views that undermine the people’s power, and at the same time he wanted to put pressure on the Party leadership and To the State, to deviate from the right path, regarding the measures against the bureaucracy.
In these circumstances, in the actions of the defendant, the court finds the figure of the crime of agitation and propaganda, against the popular power, confirmed.
This crime is proven by the anonymous letter, with the acts of technical expertise that prove that this letter was typed by the “Oliveti” machine, with No. 21.0073, which belonged to the sector where the defendant worked, and with the defendant’s own statements, who claims that he compiled the anonymous letter himself, and printed it on the aforementioned machine.
It was also proven that the defendant committed the theft of state property, appropriating 169 US dollars, which according to the certificate of the Albanian State Bank, dated 3.3.1966, is valued at 2112.50. No.
The above crime was committed by the defendant under the following circumstances: in April-May 1964, he was interested in purchasing some materials, ferro-magnetic strips, for the sector he was dependent on. For this reason, the defendant talked to the witness Gaqo Peristeri, who assured him the amount of 169 US dollars and handed it over to the defendant, to be sent by couriers outside the country, for the purchase of materials.
However, the defendant did not hand over this money to the man, but kept it in his safe. Later, the required materials were purchased in France by another fund from the Ministry of Internal Affairs. The witness Gaqo Peristeri, when he took delivery of the materials purchased in France, compiled a certificate on the spending of 169 dollars for the purchase of 30 pieces of ferro-magnetic strips, remembering that these materials were bought exactly with the amount of 169 dollars, which he had handed over to him the defendants.
This certificate is dated 15.5.1964, also signed by the defendant. In this way, the spending of 169 dollars was justified with the above document, while in fact, the defendant kept these he. After a few months, thinking that their case was closed and no one wanted them anymore, the defendant decided that these dollars, state property, would buy a television. Thus, in December 1964, through a person, he bought a “Vest” brand television abroad.
The court no longer considers the defendant’s claim that he should not answer for the embezzlement of 169 dollars, because he had issued a receipt to Gaqo Perister, for their receipt. The witness Gaqo Peristeri pointed out that, when he handed over the 169 dollars, he did not receive any receipt and on the other hand, when he received the materials, he compiled the document proving that the 169 dollars had been spent on the required materials, document which was also signed by the defendant.
I knew, the witness added, that the materials that were handed over to me were bought exactly with the amount of 169 dollars that I had given to the defendant, if I knew that they were bought with another fund, then I didn’t have to compile the document the aforementioned. In this way, the embezzlement of the amount of 169 dollars has been proven by the statements of the witness Gaqo Peristeri, with the document bearing the date 15.6.1964, in which the spending of the amount of 169 dollars for the purchase of materials in France and in the partial statements of the defendant, who claimed that he used this amount to buy a television for himself.
The defendant was also accused of embezzling 2,000 new leks from N.T.L.A.P. Durrës, for the reason that he had submitted a technical report dated 16/X/1964, was really wasted by the defendant. For this, witnesses Ismail Vathi, Alfred Xhufka, Qerim Allushi and Leko Xhimirtiku pointed out in court, of which the first three have drawn up and signed the aforementioned process. Under these conditions, the defendant does not have to answer for the embezzlement of the new 2000 ALL.
The defendant was also accused of embezzling 500 L.r. new, for receiving 20 meters of new cable brand R.K.-3 (75 cm.), which he used for the TV antenna. During the trial, the witness said and pointed out that the aforementioned cable was received from the Radiolocation office with regular documents. In these circumstances, the elements of the crime of embezzlement of 500 L.r. are missing.
Finally, the defendant was charged on the basis of Article 80 point I of the Criminal Code, since the embezzled amount of 169 dollars, equal to 2112.50 L.r., and the other amount of 2500 L.r., embezzlement of television materials and cables was considered as is worth in large proportions, but during the course of the trial, it turned out that the defendant has appropriated only the amount of 169 dollars, which is estimated at 2112.50 L.r. Since this amount is small, the offense qualifies under Article 81 of the Criminal Code.
The defendant was also held criminally responsible based on Article 351 of the Criminal Code for abuse of official position.
During the judicial investigation, it was not proven that the defendant misused his official position to pass the “Vest” television through customs without being checked. The customs officer, Demir Kapllani, questioned as a witness, has pointed out that he did not know the defendant at all and that the latter had told him something about a television to pass without paying the customs tax.
Regarding the mediation of the defendant, in order to employ some undesirable elements, such as: Nail Çani, Fori Dhrami and Klizaverta Xhali, it was proved that this activity of his is not to the extent that it would bring, or could bring any significant damage to the interests of the state, in the sense of Article 323 of the Criminal Code. Therefore, in the acts of the defendant, the elements of the crime of abuse of official position are missing.
In determining the measure of punishment, the court will take into account the social dangerousness of the crimes committed by the defendant, and in particular the crime of agitation and propaganda, a crime directed against popular power. The court will also take into account the fact that the defendant has been appointed to an important post, precisely to detect any hostile activity. On the other hand, it will also take into account the defendant’s repentance and his positive activity during the War and after liberation.
FOR THESE REASONS:
The judicial council of the Military College of the Supreme Court, in support of articles 275 and 279 of the K.Pr. P.
Decided
I declare the defendant Halim Xhelo guilty of the crime of agitation and propaganda and, based on Article 75, point I of the Criminal Code, sentence him to 7 (seven) years of imprisonment and confiscation of the “Vest” brand television. on the basis of article 34 of the K.P., with the removal of the rank of Major General, as unworthy of holding it, and on the basis of article 28 of the K.P., with the loss of the electoral right for two years.
It changes the definition of the criminal offense from Article 80, point I, to Article 81 of the Criminal Code and on the basis of this last article, punish him with 1 (one), years of deprivation of liberty.
Finally, based on Article 48 of the Criminal Code, he is sentenced to 7 (seven) years of imprisonment, confiscation of the “Vest” brand television, the removal of the rank of Major General, and the removal of the electoral right for two years’ time.
He declares him innocent of the crime of abuse of official position, provided for by article 323 of the Criminal Code, for lack of evidence, regarding the passage of the “Vest” brand television at customs and for the lack of elements of the crime for other episodes.
The serving of the sentence starts from the day of arrest, 8.II.1966.
It obliges him to pay the lawyer 200 L.r.
This decision is final.
He announced it in Tirana, on 10. III. 1966. / Memorie.al
Help. Judge Help Judge Presiding Judge
Col. Minella Trebicka Col. Koço Tollkuçi Col. Vangjel Kocani
IT IS VERIFIED TO BE ONE WITH THE ORIGINAL
CHIEF SECRETARY OF THE MILITARY COLLEGE
Ramiz Chitozi
The next issue follows
