By Dr. Mirela Sinani
Memorie.al / Missing: Maliq Bushati, Pater Anton Harapi, Lef Nosi – accused as the three heads of treason. Father Anton Harapi, Lef Nosi Declaration of Independence, November 28, 1912. In the indictment for Malik Bushati it is stated: “He was a member of the Quisling government as the Minister of the Interior of the cabinet of Shefqet Vërlac and is responsible for the collaborationist policy of this cabinet. “…He was prime minister of the Quisling government in the period February 1943-May 1943”.
In the minutes dated 25.1.1946, Major Tuk Jakova, prosecutor of the Tirana Military Court, and secretary Thoma Rino, interrogated Malik Bushatin, son of Hysejn and Qamile, 56 years old, divorced, who claims that in the years 1921-1923, he was elected deputy of Shkodra. With the arrival of Zogu, he was again elected the Shkodra deputy until 1936. Due to the opposition with Musa Juka, in 1937 he and Kolë Bib Mirakaj emerged as independent candidates. In December 1938, Italy began to change its attitude towards Zog, aligning itself with those who were his opponents.
“I had agreed with Jakomon to fight only against armed gangs, not against the civilian population.” “Albania is not collapsing because Father Anton Harapi is being judged for it”. “Albania will not be destroyed if Father Anton Harapi is not judged for it” “…I am presenting a list of persons whom I have rescued and released from prison”. He claims that on January 25, 1939, he contacted Mustafa Kruja in Milan and they talked about the Italian plan for an uprising to overthrow Zog and to bring to power a Prince of Savoy. Mustafa Kruja, Ernest Koliqi, Bahri Omari, Kolë Tromara, Sejfi Vllamasi, Ali Këlcyra, Qazim Koculi, Rexhep Mitrovica agreed with this plan.
After the invasion of Albania on April 7, 1939, Shefqet Vërlaci went to Rome, where he handed over the crown of Albania to the King of Italy, Victor Emmanuel. In May 1939, Vërlac proposed Malik Bushati the position of Minister of the Interior, which he accepted and stayed in the government until 1941. Then, in February 1943, Maliq Bushati became prime minister of the Albanian government. He claims that in March 1943, partisan detachments attacked in Patos and killed 100 carabinieri, and he, as prime minister, gave orders against rebel gangs: “I had agreed with Jakomon to fight only against armed detachments, not against the civilian population. The Italians demanded reprisals in the operational area in Gjirokastër”.
He claims that he talked to Ali Këlcyra and Nuredi Vlora about this request of the Italians and they were alarmed. Based on this situation, Maliq Bushati arranged a meeting for them and others with General Dalmazzon. At the end of all these efforts, the protocol known as the Dalmazzo-Kelcyra protocol was signed. “As Prime Minister, I created the Albanian Gendarmerie, which stood alongside the Italian Carabinieri”, Bushati asserts. – “On May 10, 1943, I left my post as prime minister and went to Monte Casin to be cured. In August I returned to Tirana, without any political activity until the capitulation of Italy”.
“The German Legation invited various dignitaries to create an Executive Committee to govern the country in the situation of Italy’s capitulation.” “In January 1944, we gathered to organize a collaboration of groups with Legality against the communists. On May 15, 1944, the “Covenant of Shkodra, Dukagjin, Malësi e Madhe, Mirdita, Lezha, Puka” was created. In March 1943, partisan detachments attacked Patos and killed 100 carabinieri. I had agreed with Jacomon to fight only against armed gangs, not against the civilian population. The Italians demanded reprisals in the operational area in Gjirokastër.
In the Minutes dated 9.2.1946, pg. 62, of the trial by the Military Court, Tirana, the defense witness, Karl Teja, a resident of Tirana, affirms: “In 1938, I came to Tirana as an immigrant. 2-3 months before the Italian-Greek war, the Italians wanted to send me to Germany as the Israeli that I am. I went to Malik Bushati and begged him to cancel my shipment. Maliq Bushati promised me and later informed me that he had arranged the work to stay in Albania. Some of us stayed in Lushnja, some in Berat, and only 3-4 families stayed in Tirana. The defendant defended the Israelis who were against fascism and at that time he saved us. I also received Albanian citizenship, without escaping”.
The prosecutor asks: How do you explain the fact that he escaped, even though he was Israeli and we know that the Germans did not pursue them from a national point of view, but from a racial point of view? Witness: I have not worked since the Italians entered; I lived with the money I had before. Another defense witness, Skënder Allamani, 23 years old, born and resident in Tirana, testifies: In August 1944, I was imprisoned in Shkodër and was in danger of being deported to Pristina. I was arrested by Hasan Isuf’s gendarmes, but Malik Bushati saved me. I was in the council of the National Liberation Movement and declared in favor of the Movement.
Witness Hysni Peja, 66 years old, resident in Tirana, claims that: Malik Bushati, when he was Minister of Internal Affairs, was in conflict with Shefqet Vërlac. This one has tried to protect different people. When the Italians wanted to execute some young men, he opposed them. Even in the Kurveles operation, he opposed the suppression of the Movement, saying that these are Albanian partisans. Maliq Bushati himself, as a defendant, disputes the accusation that he participated in the deportation of many people: “It is not true that I participated in the deportations. The Germans did the internments and they happened suddenly. At that time, on May 15, 1944, the Covenant of Shkodra, Dukagjin, Malësia e Madhe, Mirdita, Lezha, Puka was created my cousin was also shot.
I housed two active communists, Koço Sotiri and Jorgji Spaho, and how could I allow my cousin to be arrested? I went to Hausdingu to free 2 people”. “Salus Patriae Suprema Lex Est” (Saving the Motherland is the supreme law) – this is how lawyer Vasil Xhaj titled his speech in defense of Malik Bushati. Lawyer Vasil Xhaj brought facts that proved the activity of Malik Bushati, to save the endangered lives of his compatriots. He listed facts that showed the human dimension of Malik Bushati, the sensitivity and solidarity with people in difficulties and in danger for their lives.
The defense lawyer mentioned how Maliq Bushati sheltered members of the Albanian Communist Party, Jorgji Spaho and Koço Sotiri, in his house. With false documents and his car, he drove from Shkodra to Tirana and hospitalized the communist partisan, Nezir Idriz Selmani, in the Tirana hospital. The defense lawyer asked the jury to take into account the statements from Nezir Idriz Selmani, Xhemal Idrizi, Ragip Gjyli, Ferit Bushati, Mehmet Bushati, Professor Ismail Anamali, Professor Taip Shkodra, Moja Kapisyzi, Ismail Kapisyzi, Ymer Kapisyzi, who brought facts for him the good that Maliq Bushati has done to these people. The lawyer requested that the court take into account the depositions of the defense witnesses, Karl Teja and Hysni Peja.
As for the entirety of the written documentation at the time he was the Minister of the Interior or even the Prime Minister, the defense lawyer emphasized that all the letters, circulars, are a logical and natural result of being a minister in a government under the foreign occupier. Contrary to the communist practice, according to which any government at the time of occupation is automatically called a collaborator of the occupier and a traitor, as well as any participant in such a government is accused as a collaborator of the occupier and a traitor, the defense lawyer brought to the attention of the jury, but also of public opinion, the fact of the logic of work even under a foreign invader, the fact of the naturalness of a government even under a foreign invader.
“It is more than normal that even under an invader a country has a government. There is no instance in the history of civil society that a nation or a people have not had any form of government under a foreign conqueror. If any government under an occupier is qualified a priori as a government collaborating with the occupier, then we must wait in such a situation that, in order to escape the charge of treason and collaboration with the occupier, no group of people will accept to assume the role and duties of government under a conqueror. Such a vacuum situation is not verified in history, because there is always a government. It must then follow that whenever governments under an occupation are automatically collaborators with the occupier.
On the other hand, even if a government in the case of the invasion of the country resigns, so as not to be considered as collaborators with the invader, in the endless line of people, there are always other people who create the government that represents the local state authority, despite the fact that “Salus Patriae Suprema Lex Est” (Salvation of the Fatherland is supreme law), under occupation. Is it right that these people are described as collaborators of the conqueror? Isn’t it better for the country to have its own representatives even in the most difficult situations of occupation, than for the state building to collapse completely and the void to produce anarchy? If historians would look at the issue of so-called cooperation with the invaders under this prism and without a priori, the results of the assessment of historical events during the war would be much different and so would the values displayed by people at that time.
In addition to these, a government, especially in times of occupation and in times of war, has very important tasks before it, such as protecting the lives of civilians, preserving peace at all costs and prolonging it as much as possible, providing economic means for living etc. In order to achieve these objectives, a government under occupation must use every means, every diplomacy, even negotiations and collaborations with the occupier. And here you should always see the purpose “for what”? This remark of the lawyer draws attention to the fact that the stack of documents of Malik Bushati’s entire official activity as Minister of the Interior and as Prime Minister should be seen differently, which means that not every official document is automatically collaboration with the occupier to the detriment of the homeland of the nation and compatriots.
The defense lawyer pointed out that in contrast to the defense witnesses who were concrete, “the depositions of the prosecution witnesses do not denounce concrete facts and have a strong passion against the defendant”. He questioned the depositions of a witness named Rasim Guri, imprisoned in Ventotene, Italy, according to whom, by order of Malik Bushati, he was forbidden to correspond with his family as a dangerous person and, as such, , had to be separated. Such letters are extremely secret and for this reason they cannot fall into the hands of the convict or other persons. Where was the witness based when he spoke about this? On the other hand, while this person was locked up in Ventotene, how did he know that Malik Bushati was spending 3000 lire every night in hotels in Rome?
On page 65 of the record of the trial, when they were asked for the last time, Maliq Bushati as the defendant said: “Since 1910 when I was a student in Istanbul, I have started the patriotic activity. I was among the only Muslims of Shkodra who went to war for the liberation of Shkodra. I cooperated with Muço Qullin for the defense of the Motherland. I published the notebook “Populli” with a popular spirit. I was against Zogu and Musa Juka”. On 12.2.1946, when the Military Court of the First Corps read the death sentence, the former prime minister who saved human lives during the war from the Nazi-fascist beast, sat down and wrote a request to the Supreme Military Court, for the pardon of his life , with the argument that during the Nazi occupation, he was not involved in politics at all, he even asked to raise this problem in the Constitutional Assembly, appreciating with this act the body that expresses the will of the people more broadly and higher.
In the minutes of the Military Court, Tirana, dated February 12, 1946, Father Anton Harapi is charged with the ridiculous accusation that he and Malik Bushati and Lef Nosi allowed the German occupation of Albania, as if they were bearers of the sovereignty of the nation which they handed over to the invaders. It continues with the accusation as: a member of the Regency, as a member of the ‘National Front’, he is accused of having created the Executive Committee, the National Assembly, that he “propagandized to set up a quisling state apparatus at all costs and for this he urged all the people to unite against the army and the National Liberation Movement, trying to divide the National Liberation Front, according to the propaganda of Gëbels, describing the freedom fighters as terrorists and sold to foreigners”.
“Father Anton Harapi, inside the Franciscan Assembly, was part of the editorial board of the magazine “Hylli i Drita” and propagated the big and deadly slogans of fascism, deceived the Albanian people about a great Albania, glorified the Duchess and King Viktor Emanueli, incited the people of the Highlands of Shkodra to mobilize against Montenegro, in the interest of fascism”. In the proceedings of the Supreme Military Court, on 14.2.1946, it is noted that: “Father Anton Harapi has allowed “Hylli i Drita” to be the best propaganda organ for fascism…! After the capitulation of Italy, he became a member of the Regency”. I have nothing to say that I have told you before, but I am presenting a list of people whom I have rescued and released from prison.
The decision of the Military Court of Tirana, dated 12.2.1946, “In the name of the people”, places all responsibility for the occupation of the country by fascist Italy on a handful of people: Maliq Bushati and Pater Anton Harapi prepared the fascist occupation before April 7 , contacting the traitors of Mustafa Kruja’s group and the National Union, such as Bahri Omari, Kolë Tromara, Qazim Koculi, etc., to overthrow Zogu and bring a King from the House of Savoy. After April 7, 1939, they welcomed the Italian fascist army in Shkodër as liberators. Father Anton Harapi has come to Tirana as a delegate of the Catholic Clergy, to participate in the Assembly for the presentation of the Crown of Skanderbeg to Viktor Emanuel, while Maliq Bushati participated in the first treacherous government of Shefqet Vërlac, as Minister of the Interior…!
The defendant, Father Anton Harapi, was assisted by his representative, lawyer Spiro Stringa. In the minutes of the Military Court of Tirana, the position of the defendants is further aggravated when it is emphasized that: Father Anton Harapi and Maliq Bushati, even after the liberation of the country, through their connections and in cooperation, organized the remaining forces of reaction in the north of Albania….! They have ordered the killing of many elements of the National Liberation Movement, as testified by M. N., A. Gj. etc., as evidenced by Malik Bushati’s signing of the Covenant program, or by Father Anton Harapi’s letter addressed to Javer Hurshit, etc.
After the court gave the decision, the defendants were asked for the last time, and as we find on page 65 of the process minutes, the defendant Father Anton Harapi, closed it with a monumental speech in which, full of elegance, the allegory of the taming of the wild beast, for to save human lives, rises and crashes on the faces of the jury, in front of whom these men were “begging” for a little nobility. We single out his epic expression: “Albania does not collapse because Father Anton Harapi is being judged for it.” Also, Albania will not be destroyed if Father Anton Harapi is not tried.”
“Mr. President, I don’t ask for tolerance: I, according to my ability, have poured sweat to make Albania. Civilized France, the example of popular revolutions, judged Petën and forgave him. Even Albania, when it judges the regents, if you forgive them, it has not been evil for Albania, but I believe that it has to be better. I, since I entered the mouth of Hausding’s wolves, have been trying to do good and save some life from the savages. As they were wild beasts, I could not take them, but with my efforts I saved quite a few. Are there any stupid Albanians like me who, in order to save people, go and put themselves in the wolf’s mouth?! There are few who make moral sacrifices. Long live Albania”.
In the minutes of the Military Court, Tirana, dated 12.2.1946, Lef Nosi is accused of “collaboration with Mustafa Krujë, he is accused of being the chairman of the Elbasan Commission, for the collection of fur aid for the fascist army, he is accused of being the chairman of the Committee Circular of Balli in Elbasan”. “After the capitulation of Fascist Italy, he is accused of creating the Quisling Executive Committee for the creation of the Quisling National Assembly, where he became chairman. During the time of the Nazi occupation, he was a member of the regency”.
“…It is accused that Lef Nosi, Mehdi Frashëri, Mid’hat Frashëri for the National Front, Abaz Kupi and Fiqiri Dine for Legality and Gjon Marka Gjoni for the Independents, accompanied to Tirana by Maliq Bushati, all together Kurdish the Coalition Government of the entire internal reaction… formed the ‘Kosova’ regiment”. “With the arrival of the Nazi occupation, Lef Nosi, in cooperation with the Gestapo agents, Von Scheinger and Noubacher, took the initiative, together with others, for the formation of the Executive Committee and became the chairman of the Quislinge Assembly. He also called Father Anton Harapin, and even called the Pope in Rome, to give permission for him to become a member of the Regency”.
“They proclaimed the ‘independence and neutrality of Albania’ under the Nazi occupation. They formed three governments: of Rexhep Mitrovica; of Fiqiri Dines created in Tufi, where Father Anton Harapi also participated, and of Biçak…”! “The defendants Lef Nosi, Father Anton Harapi, Maliq Bushati have continued the path of betrayal until the end…” Although they were not soldiers, they faced and were tried by a Military Court, and they were charged with “28 thousand killed and wounded by the civilian population, without mentioning the killed and wounded and To our heroic army; 18,800 Albanians interned or imprisoned in Albania, Italy and Germany and elsewhere… more than 50 thousand Albanians were killed and wounded, massacred or shot, died in torture in the camps of Dachau, Mat’hausen, Pristina, the islands of Italy”.
Lef Nosi was represented in the defense, through the lawyer Zoi Xoxa, who, in order to soften the severity of the trial, divided his activity into two periods: the First Period before 1942 – patriotic; The II period after 1942, when it started from a good intention, proved to be politically short-sighted. But the defense met the iron armor of the court. One of the witnesses in the defense of Lef Nos was Virgjil Papajani, 27 years old, a resident of Tirana. According to the minutes of the Military Court, Tirana, no. 24 of the Basic Book, he testified that in October 1943, when the Germans arrived in Pogradec, they captured him and registered him for internment in the Thessaloniki camp, but it was rumored that they would hang him in Korça. His father went to Lef Nosi and with his intercession released him. Lef Nosi was a member of the Regency at that time.
When asked what he had to say for the last time, the defendant Lef Nosi said: “I have nothing to say, I have told you before, but I am presenting a list of people I have rescued and released from prison”. The fact of saving the lives of dozens of people from the hands of the Nazis should have been the greatest proof of the release from serious charges, but facts do not count in propaganda trials, and this fact could not be translated into the saving of even one life – to that life that saved the lives of others before. Lef Nosi, Malik Bushati and Patër Anton Harapi, never being soldiers, were judged by a military court, in a theater hall, where for the first time the real tragedy of human lives was being played – in the hall of the Kino-Theatre “Kosova” .
The three were accused as: “The three heads of national treason: a former minister and prime minister of fascism and two members of the so-called Regency, of the Regency of the Gestapo”. The death sentence decision given by the Military Court, Tirana, was upheld by the Supreme Court. Thus, one day or one evening in the wilderness, three men who tried during the time of Nazi-fascist cholera to do something for their nation, even to bring a ray of hope, were shot on the outskirts of Tirana, in the place known as Kodra e To the priest. The quality of the Kino-Theatre fell! No one knows how they were buried and where their bodies are. Memorie.al
