Dashnor Kaloçi
Memorie.al publishes the unknown story of the discovery and crackdown of the so-called “Union of the Albanian Anti-Communist Liberation”, led by Lieutenant Koco Kondili, originally from the village of Vidhkuq of Gjirokastra, which was also comprised of Gjergj Simoni, Llesh Koleci, Prel Syku, Pjeter Toma, Ndue Shyti, and Ndrek Syku, from the Mata Coast, who were charged with “belonging to an enemy group, with espionage functions, called the” Union of the Albanian Anti-Communist Liberation “. created under the direction of the UDB, a Yugoslav Titoist, for its own benefit, and with duties directed against the independence of the People’s Republic of Albania. ” What were the allegations made by each of the defendants of that “group” what position did they hold during the hearings and why did the Supreme Court Panel consisting of President Shuaip Panariti and members Mustafa Qilimi and Loni Dimoshi impose capital punishment on lieutenant Koco Kondili, which was executed according to the instructions of Major General, Mihallaq Ziçishti… ?!
“From the examination of the case materials, it is fully established that the seven defendants, Koco Kondili, Gjergj Simon, Llesh Koleci, Prel Syku, Pjeter Toma, Ndue Shyti, and Ndrek Syku, have joined an enemy group, with functions espionage, dubbed the “Union of the Albanian Anti-Communist Liberation” created under the direction of the UDB, a Yugoslav Titist, for its own benefit, and with tasks directed against the independence of the People’s Republic of Albania. Kocho Kondili, Gjergj Simon, and Ndue Shyti were among the defendants in the lead. Of the three responsible, it turns out to have been Koco Kondili. In the group, the three defendants above, having sworn to stay true to the case, and the offense, have begun to discuss the organizational form of their network, and the concrete tasks they would perform. ” This is stated, inter alia, in a judicial decision drawn up by the Supreme Court of the People’s Republic of Albania, dated 2.II.1953, concerning the trial of a group of seven defendants, accused as the “Union” organization. of Albanian Anti-Communist Liberation ”, headed by Lieutenant Koco Kondili, originally from the village of Vidhkuq of Gjirokastra. But what was this group, who were the other members, what offenses were they charged with, and what was their attitude in the trial that took place in Tirana on January 9, 1953? In this regard, Memorie.al is publishing in two consecutive numbers a portion of the judicial file contained in the Archives of the Ministry of Internal Affairs in Tirana, upon the decision of the Supreme Military College, chaired by President Shuaip Panariti, and members, Major Mustafa Qilimi and Major Loni Dimoshi, who in the end, were sentenced to death by firing Lieutenant Koco Kondili, while other members of this “group” who were from the Mata Coast in Lezha District were sentenced to long prison terms.
POPULAR REPUBLIC OF ALBANIA V.F.L.P
SUPREME COURT
Military College
Nr. 22 Reg. Them.
Nr. 53 of the decision
IN THE NAME OF THE PEOPLE
Supreme Court Military College composed of Shuaip Panarit, president, Major Mustafa Qilimi, and Major Loni Dimoshi, members. At the meeting dated 2.2.1953, have given this
DECISION:
For the main trial, the death sentences of KOCHO KONDILI have come to this court: besides the other convicts, Gjergj Simon, Llesh Koleci, Prel Syku, Pjeter Toma, Ndue Shyti, and Ndrek Syku, with the decision no. 4 Dated 9.1.1953. of the Military Court of Tirana, and from the examination of the acts, the following content is found:
Koco Kondili, son of Thanas, 35, from Vithkuq village of Gjirokastra district, with three unique classes, an employee, married to a child, a poor peasant, sentenced to 10 years in prison at the time of the occupation, arrested in dated 22.2.1952. Gjergj Simon, son of Gjergji, 45, from Kryezi village of Rreshen village and resident of Isle of Lezha village, former head of the Lezha People’s Bookstore, married with 5 children, middle-aged peasant, convicted, no party, arrested on 31.5.1952. Llesh Koleci, son of Ndues, 26 years old, residing in Rrela village of Lezha, with primary education, farmer, secondary peasant, married, with two children, not convicted, expelled from the Party, arrested on 31.5. 1952.
Ndue Shyti, son of Lekë, 39 years old, resident of Rilë village of Lezha, illiterate, farmer, married, with 5 children, poor peasant, convicted, without the party, arrested 31.5.1952.
Ndrek Syku, son of Mark, age 33, born and resident in Gorge village of Lezha River, with three elementary classes, driver, married, with one child, middle-aged peasant, convicted, no party, arrested in dated 1.9.1952.
Prel Syku, son of Kola, 21, from the village of Breg River, Lezha, with 5 elementary classes, a soldier in the Military Department Nr. 7710. Enlisted in the People’s Army, November 1951, single, wealthy, unpunished, party-free peasant, arrested on May 24, 1952.
Pjeter Kola, son of Tom, 24 years old, resident in Tale village of Lezha, with three elementary classes, a farmer, married, with three children, a middle-aged peasant, not convicted, without a party, arrested on 20.2.1952, on the charge that:
Since 1950, in collaboration with each other, they have organized a counter-revolutionary group, led by the defendant Koco Kondili, called the “Anti-Communist Organization”, in order to overthrow the popular power by force. agitation and propaganda against power, provided information of political, economic character, and assisted armed gangs against power, the offenses provided for in Articles 3, Nos. 7, and 8 of Law no. 372, Dated 12.12.1946. and Article 72, Article 225 of the Code of Criminal Procedure.
The Military Court of Tirana, at the conclusion of the trial, declared the defendants guilty of the foregoing crimes, pursuant to Articles 75, 64, and 72 of the Code of Criminal Procedure. and Article 10 of Law no. 372, as follows:
Koco Kondili, death, loss of the electoral right to life, and confiscation of movable and immovable property.
Gjergj Simoni, with 20 years in prison, loss of electoral rights for 5 years, and confiscation of movable and immovable property.
Llesh Kolecin, with 15 years in prison, loss of electoral rights for 3 years, and confiscation of movable and immovable property.
Ndue Shyti, sentenced to 20 years in prison, loss of electoral rights for 5 years, and confiscation of movable and immovable property.
Ndrekë Sykun, with 5 years in prison.
Pjetër Toma, with 10 years in prison, loss of electoral rights for 2 years, and confiscation of movable and immovable property.
Prelë Syku, with 20 years in prison, loss of electoral rights for 15 years, and confiscation of movable and immovable property.
The above defendants, with their appeals, dismiss the above decision and state the following reasons:
I – KOCO KONDILI: a) I do not appear to have been the organizer and president of the anti-communist organization, b) There is no direct evidence that the defendant Koco Kondili had any contact with foreign espionage agents, c) for Koco Kondili to have carried out any widespread activity against the People’s Government; d) In determining the sentence, the personality of the defendant Koco Kondili must also be taken into account.
II – GJERGJ SIMONI: a) It is not true that I belonged to the “Anti-Communist” group, b) I did not agitate and propagate against the People’s Government, c) For the sons of Hasan Dosti, I did not think of escapism, d) Diversant Fran Col Gjoka, I wrote a few words in a letter in order to get to know him and bring him to Security, d) I am a poor class, not a middle class as defined court.
III – LLESH KOLECI: a) Fascist brochures, no one gave them to me, and I have not the slightest knowledge of such things, b) With Peter Kolec, we have never talked about economic sabotage, c) Peter Koleci, everything against me is defamatory, ç) Everything was born when he was expelled from the Party, and in the end, the enemy found the moment with the most-lied.
IV – NDUE SHYTI: a) The guilt of treachery against the Fatherland dissolves any other crime a member of an organization may commit, the prosecution should be given only a single sentence, not two, b) The court did not consider the extent proper, mitigating causes, c) It is not true that I started people in Yugoslavia, d) I got engaged in agitation and propaganda and recruited people, but since I repented, I have not done any activity, d) since I’m poor, to review the seizure issue.
V-NDREK SYKAJ: a) The offense I committed was the least that could be done, to consider me a participant as the other detainees, b) I made half a promise, and only repeated once, a few days later, c) I did everything possible to get away from criminal activity except for reporting, d) I have a very good past.
Military College of the High Court
After hearing the report of Major Mustafa Qilimi, in the conduct of the trial, in the first degree, and on all acts related to the case. After receiving the notification of the Prosecutor General no. 46 Dated 27.1.1953. in which the impugned decision is required. Paid listened, talked, and analyzed the issue at length.
In the form: Recourses are submitted within the deadline. The case is mainly examined for the defendants Prel Syku and Pjeter Toma, although they have not filed a recourse as they are related.
Basically: From the case study material, it is fully proven that the seven defendants, Koco Kondili, Gjergj Simon, Llesh Koleci, Prel Syku, Pjeter Toma, Ndue Shyti, and Ndrek Syku, have joined an enemy group, with espionage functions, dubbed the “Union of the Albanian Anti-Communist Liberation” created under the direction of the UDB, the Yugoslav Titoite, for its own benefit, and with tasks directed against the independence of the People’s Republic of Albania. Kocho Kondili, Gjergj Simon, and Ndue Shyti were among the defendants in the lead. Of the three responsible, it turns out to have been Koco Kondili. In the group, the three defendants above, having sworn allegiance to the case, and the offense, have begun to discuss the organizational form of their network, and the specific tasks they would perform. In order to make it harder to discover, and to ensure secrecy, they have decided that with the elements they would recruit, each member of the team would maintain a personal vertical connection. There would always be rows of enemies of the kulak class or dissatisfied with popular power. Elements who would be recruited early would submit their personal photos, along with the signature. Also behind their picture, they would agree to sign that they agreed to become members of the anti-communist group. Like the aquatics, the group would develop agitation and propaganda as well as sabotage the socialist economy. They would gather information on the political and economic character on the people of A.P. with power in the Party and Security, which would give their masters, the Yugoslav UDB. As a result of these decisions, the leadership of the group has recruited the other 4 defendants, and others currently on the run as fugitives, saboteurs, at the service of the UDB, who keep in touch with each other vertical. All but the defendant Ndrek Syku have been agitating and propaganda against the people of the state through tracts and newspapers brought to our country by divers from Trotskyist Titoism, links and encounters with fugitives, information of a political, economic, and social nature were collected, and this was forwarded to the Yugoslav UDB.
Defendant Koco Kondili was the main figure of the group. In spite of the great conspiracy, almost all the defendants know that the defendant Koco is at the forefront of the predilection for hostile work, and creates his own circle of enemies and bullies, affected by our reforms. Like Gjergj Simon, Kol Preçin, Ndrek Kakarici, and Gjok Nikolla, etc. With them, he was closely associated with hostile work, and in his life, he often goes to feasting on their homes. But at the same time, he also performs the functions of his agent work. Talks with these and others against the People’s Government. Of the people in his district, some are in jail, some are on the run as enemies and criminals, and in the service of UDB’s Yugoslav Titoist enemies.
Later in the course of his acting career, he created the entire group that would lead the work with George Simone and Ndue Shyti, who, having sworn allegiance, activated them. He got in touch with fugitive Gjok Nikolla from whom he received specific instructions and instructions for activating the group. Among the other elements being enemies, it has also received links with diversions circulating in the Lezha district sent by the UDB. His actions pose a significant danger. In fact, they have seriously damaged the interest of the state. Considering both the defendant’s position in society and his rank, they, as traitors to the people and the homeland, deserve the most ruthless punishment.
The defendant with the consummated crimes has violated the military oath, and from a sound and ready element of the defense of the homeland to his blood, has become an enemy and a traitor, and a tool in the hands of the fiercest enemies. of the peace camp of his homeland, in the hands of the Titoist clique, working there with full conscience of the enemy. The causes of his recourse are disregarded because they are not based on fairness. His activity is proven in his direct and indirect assertions. In the attributes of others and especially of Ndue Shyti, despite the other circumstances of the case.
Defendant Gjergj Simoni, a member of the group, recruited Ndue Leka (Shytin) with hostile work, whom he introduced to Koco and admitted to the group. Has carried out propaganda activity against the state and the people. He held meetings with saboteurs like Frrok Kol Gjoka from whom he received a letter announcing that the UDB had appointed him as the battalion commander. It has provided diversitors with information of a political, economic, and social nature. In the course of his activity, in agreement with a third party, he helps to get people out of the country, fugitives, and saboteurs, especially Hasan Dost’s two sons. His actions as above present a danger, as well as his personality. The causes of his recourse are ignored as they are not fair. His guilt is proven completely. The allegation of how the talks with the divorced Frok Kol Gjoka, made in order to bring him to the door, the State Security Bodies, contradicts all the materials of the case. Its military activity is large, multi-faceted, and not a single case.
The defendant Llesh Koleci, was organized by the defendant Ndue Leka, while he himself organized the defendant Prel Kol Syku, who also instructed him how to work. It has propagated against farms and cooperatives in the village, and against the collection plan. It has collected information on political, economic, and social nature and submitted it to Ndue Leka. The allegation that Pjeter Koleci is defamatory is not correct but rather reveals that the defendant is consensual in his military way. Defendant Prel’s depositions are conciliatory and hostile in all circumstances of the case and therefore do not have to deal with suspicious and defamatory cases.
Defendant Ndue Shyti (Leka), has joined the Kocho Kondil and Gjergj Simon group. She has been active at work, organized by Llesh Ndue Kolec, and instructed this to work on recruiting others. Has collected lists and features for A.P. of the district of Lezha. It has collected information on the families of internees and fugitives, carried out anti-state propaganda activities, and disseminated propaganda material. The claims in the recourse are disregarded as they are not substantiated. As to the allegation that the crime of treachery dissolves any other crime, this too is not fair in the present case. The crime of agitation and propaganda is not dissolved by the crime of treason. Betrayal is directed against the independence of the homeland, its external security, and its military power, while agitation and propaganda is a crime directed against popular power to undermine or weaken it. So the fact-finding court’s decision is just. The decision of the Supreme Court Military College in Bulletin No. 5 is not about agitation and propaganda, but about providing information about the cooperation.
Defendant Ndrek Syku: Has admitted to being part of the enemy group, although he has not shown any hostile activity. So as a crime figure, we only have that acceptance of joining a counter-revolutionary organization. In determining the sentence, the court of fact, having regard to all the mitigating circumstances of the defendant, applied the sentence according to its riskiness. Even his allegations of sentencing mitigation are not fair. The defendant admitted to being part of the intelligence group, having taught his intentions beforehand, but did not show any activity. However the figure of the crime of admission to be a part stands. From these circumstances, it is concluded that the Court of Fact has correctly determined the criminal conduct of the defendants. The individualism of the sentences is also considered just. Defendant Koco Kondili, who is the leader in the group, is the most active and determined for the hostile work, deserves a ruthless capital punishment. The offenses of the defendants are foreseen and punished: That of the form of co-operation under Article 75 of the CC, that of treason against the homeland provided for by Article 64 of the CC, but since at the time the crime was committed there were other provisions which, are more favorable to the defendant. Pursuant to Article 62 of the Code of Criminal Procedure applies, as a punishment provision, Article 4 paragraph 1 and Article 10 of Law No. 372 dated 12.12.1946, that of agitation and propaganda, provided for and punished by Article 72 K.P. For these reasons, the Military College of the Supreme Court, see also Article 19 of the Minister of Justice on certain procedural letters, decided: 4 of 9.1.1953. of the Tirana Military Court containing the sentences of the defendants as follows:
Pleads guilty KOCO KONDILI of the crime of treason against the fatherland, provided for in Article 64 of the Criminal Code. and pursuant to Article 4 of paragraph 1, and Article 10 of Law no. 372, dated 12.12.1946., Convicts him to death by firing, pleads guilty to the crime of agitation and propaganda and pursuant to Article 72 of the Criminal Code. sentenced him to 10 years in prison.
Finally pursuant to section 48 of the Criminal Code. which unites crimes, and condemns it to DEATH, PUNISHMENT, the loss of electoral rights forever, and the confiscation of movable and immovable property. Pursuant to Article 34 of the Code of Criminal Procedure. and Article 27 (b) of the Code of Criminal Procedure. removal of rank and decorations./Memorie.al
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