Dashnor Kaloçi
Second 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
Continues from last issue
The 1966 document, compiled by the Military College of the Supreme Court, confirming the conviction of Major General Halim Xhelo Koçi
THE PEOPLE’S REPUBLIC OF ALBANIA “Military College”
HIGH COURT Tirana, on 15/3/1966
No. 16 Act
VERIFICATION – SENTENCE
Halim Xhelo, son of Koçi and Xhiko, born in 1923, born in the Dukat of Vlora and resident in Tirana, of social origin, rich peasant, with a social status below work, (officer with the rank of Major General), married, has three children, former A.P., not previously convicted, holds various orders and decorations, arrested on February 8, 1966, represented by Lawyer, Gaqo Progri.
With decision No. 13. dated 9-10/3/1966, of the judicial council of the Military College of the Supreme Court, pleaded guilty and was sentenced:
For the crime of agitation and propaganda, according to article 73 – item I of the Criminal Code. has sentenced him to 7 (seven) years of deprivation of liberty and the confiscation of the “Vest” television, based on Article 34 of the Criminal Code with the removal of the rank of Major General, and based on the Criminal Code, 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 based on this last article, punish him with 1 (one year) deprivation of liberty.
Finally, based on Article 48 of the Criminal Code. sentences him with 7 (seven) years of deprivation of liberty, with the confiscation of a “Vest” television, with the removal of the rank of Major General, and with the removal of the electoral right for two years.
He declares him innocent of the crime of abuse of official position, provided for by Article 325 of the Criminal Code for the lack of evidence regarding the passage of the “Vest” television at customs and for the lack of elements of the crime for the other episodes.
The serving of the sentence begins from the date of arrest, February 8, 1966.
We issue this conviction certificate to be sent to the department where the defendant will serve the sentence.
CHIEF SECRETARY OF THE MILITARY COLLEGE
Ramiz Chitozi
The 1968 document, compiled by the Military College of the Supreme Court, headed by Sybi Dedej, for the re-sentence of Major General Halim Xhelo Koçi
THE PEOPLE’S REPUBLIC OF ALBANIA PENAL COLLEGE
HIGH COURT No, 63 of Reg. charter
No. 60. of the decision
DECISION
IN THE NAME OF THE PEOPLE
The Judicial Council of the Military College of the Supreme Court, under the chairmanship of:
Sybi Dedej, – Member of the Supreme Court, with member:
Frederik Nosi – ” ”
Hajri Shehu – ” ”
in the open session on 17.5.1968, they examined the criminal case No. 63, which belongs to the judged:
HALIM KOÇIU, son of Xhelo and Xhiko, 45 years old, born in Dukat t Vlora, resident in Tirana, social origin middle peasant, social status major officer, with 2 years of higher education, married, with 3 children , without a party, convicted on the basis of Article 73/I and 81 of the Criminal Code with 7 years of deprivation of liberty, and has been serving this sentence since 8.2.1966.
ACCUSED OF:
Being in prison, he developed agitation and propaganda for the undermining and weakening of popular power, i.e., he committed the crime provided for by article 73 point 1 of the Criminal Code.
With decision No. 7. date 13. IV. 1968, the District Court of Tirana (Peshkopi), declared Halim Xhelo Koçi guilty and based on Article 73, point I, of the Criminal Code sentenced him to 8 (eight) years of imprisonment, based on Article 49 of the Criminal Code, by combining the sentences, finally sentenced him to 12 (twelve) years of imprisonment.
The punishment will start from 13.4.1968.
The judge Halim Xhelo Koçiu complained against this decision, who presented the following reasons for its cancellation:
The court’s decision is not based on evidence. The prosecution witnesses are persons convicted of crimes against the state and such that they cannot be trusted. One such person can be mentioned, Ramadan Huda, whom I arrested when I was working in the Ministry of Internal Affairs, and in this case, he will take revenge against me. I am completely innocent and I attack the above decision as not based, neither in law nor in facts.
I want to plead not guilty.
JUDICIAL COUNCIL OF THE CRIMINAL COLLEGE OF THE SUPREME COURT
After listening to the report of the member Hajri Shehu, the opinion of the prosecutors, Enver Hicka, about leaving the decision in force and after examining the case as a whole,
SAY:
During the trial, it emerged that the defendant Halim Xhelo Koçiu, while serving the sentence given in 1966, continued to conduct agitation and propaganda against the popular power in conversations with political prisoners.
The measures taken by the Party and the Government for the eradication of bureaucracy and the further revolutionization of the country’s life have been commented on as Chinese copies and as such, which have allegedly increased the number of dissatisfied people. He, in continuation of the conversations with hostile content, has stated that the laws of our state are not in order and that supposedly in prisons, many innocent people are kept, past the age and who do not know anything about politics. He called the collaborators of the State Security as dishonest people and incited in the prisoners, the feeling of revenge against them.
He praised the revisionist Khrushchev clique of the Soviet Union: as if it had further developed the democratic freedoms of citizens. He spoke about the economic-military potential of the USA and the Soviet Union and in the current conditions; he questioned the possibility of the victory of the great Proletarian Cultural Revolution in China and the war of the Vietnamese people. He has stated that Li Shao Chia and other people who follow him are better known in the international arena than Chairman Mao Zedong, because they supposedly have most of China’s provinces under their influence.
Evaluating the development of international events in the opposite of their perspective, the defendant hinted at the possibility of overthrowing the People’s Power in Albania. Thus, in one case, when one of the prisoners expressed the hope of early release, the judge answered in Greek, that they will be released, only after the overthrow, which according to him, will happen in three years.
While reading the daily press, it has been expressed among the prisoners that our newspapers allegedly do not tell the truth about the events in China and Vietnam.
Having hatred towards the leaders of the Party and the State, in one case he expressed insulting words against one of them.
The defendant, both in the investigation and in the trial, maintained a denial position, but his guilt was proven by the statements of the witnesses: Pandeli Varezi, Vangjel Koçaj, Niko Ligu and Ramadan Huta.
The defendant’s claim that he is innocent and that the prosecution’s witnesses should not be trusted is unfounded. Despite being imprisoned, the witnesses Pandeli Varezi, Vangjel Koçaj and Niko Ligu, have no reason to attribute the admitted guilt to the defendant. Their statements to the investigator and in court also agree with the statements of the witness, Ramadan Huta, which the judge unjustly considered biased.
Contrary to what is claimed, the court, in determining the amount of the punishment, correctly appreciated the social dangerousness of the crime and the author himself, who, although he is serving the punishment for such a crime, has not given up his hostile activity against the popular power negatively affecting the rehabilitation of other convicted persons.
In these circumstances, the court’s decision is fair and should be upheld.
FOR THESE REASONS
The judicial council of the Criminal College of the Supreme Court based on article 313 point I of the Criminal Procedure Code.
Decided
Enforcing decision No. 7, dated 13.4.1968, of the District Court of Tirana (Peshkopi).
Tirana, on 17/V/1968
MEMBER MEMBER CHAIRMAN
Hajri Shehu Frederik Nosi Sybi Dedei
The document from 1975, with the minutes compiled in Burrel prison, about the circumstances of the death of Major General Halim Xhelo Koçi
Verbal process of death
Held today, 25.6.1975, at 12 o’clock, in the office of the Command of Department 321, in the presence of the assistant district prosecutor, Vangjel Muzina, the commander of the Department, Idajet Deda and the coroner, Myslym Hysa, on the death of convicts Halim Xhelo, son of Koç and Dzhiko, dt. 1923, in the village of Dukat in the district of Vlora, and now in Ward 321 Burrel, with Albanian citizenship, married with 4 children, with two years of higher education, profession N/Punês, arrested on 23.4.1968, and convicted by the Episcopal Court, with decision No. 7. date 23. 4.1968, with 12 years of deprivation of liberty, due to the fact that he carried out agitation and propaganda against the popular government. After his body was checked and visited, it was established that the above-mentioned person died on dt. 24.6.1975, at around 10:00 a.m., due to the disease of mechanical asphyxia, he hanged himself.
This record was printed in three copies, one of which is taken by the District Prosecutor’s Office, one remains in the Command of Department 321, and the other is given to the Office of Civil Status. Memorie.al
Doctor Delegate of the Prosecution Com. Rep. 321
Myslym Hysa Vangjel Muzina Idajet Deda
