Av. ALFDRED DUKA
– 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
THE PEOPLE’S REPUBLIC OF ALBANIA
KRUJA DISTRICT COURT
No. 54 of the decision
- 46 of the act
1-The defendant Shtjefën Kurti, for the crime provided by article 72, i.e. for sabotaging the economy. For the crime provided by article 73/1 Penal Code.
2-The defendant Mark Marku, for the crime provided by article 72 of the Criminal Code of article 73/1 of the Criminal Code.
3- Defendant Agustin Preçi, for the crime provided for by Article 72 of the Criminal Code, for the crime provided for by Article 73/1 of the Criminal Code.
4-The defendant Fran Ndoci, for the crime provided by article 72 of the Penal Code. For the crime provided by article 73/1 of the Penal Code.
5-The defendant Pjetër Biba, based on Article 72 of the Criminal Code. Based on Article 73/1 of the Criminal Code. Based on Article 285/2 of the Penal Code.
6-The defendant Zef Nishi, for the crime provided by article 72 of the Criminal Code. For the crime provided by article 73/1 Penal Code
Against all the above-mentioned defendants, the confiscation of property should be ordered and, based on articles 27-28 of the Criminal Code, the removal of the electoral right for 5 years should be ordered.
7-The defendant Ndue Leti, for the charge provided by article 80/1 Penal Code For the crime provided by article 73/1 Penal Code. For the crime provided by article 285/2 Penal Code
8-Ndue Leti, son of Lleshi and Prenë, born 1928, of poor peasant origin, with social status, member of the agricultural cooperative, born and resident in Gurëz Krujë village, with primary education, with Albanian citizenship and nationality, excluded from the party, repentant, married, with six children, arrested on 11.04.1970.
For the crime of sabotage and propaganda, the defendants: Shtjefën, Mark, Agustin, Pjetër and Fran, which are covered by articles 72 and 75 of the Criminal Code, while the defendant Pjetër Biba and for the crime of gambling is covered by article 275/ 2 of the Criminal Code, also the defendant Ndue Leti, is accused of the crime of agitation and propaganda, theft of socialist property and gambling based on article 75, 80/1, and 285/2 of the Criminal Code.
After reviewing the investigative materials and the evidence obtained during the trial, after listening to the prosecutor, who requested that all the defendants plead guilty and be sentenced:
- Kurti is sentenced to death and shooting on the basis of article 72 of the Criminal Code, with 6 years of imprisonment on the basis of article 73, and making the union on the basis of article 48 of the Criminal Code, to be sentenced to death by firing squad, with confiscation of property and removal of electoral rights for 5 years;
- Mark (Bardhok) Marku to be sentenced to 13 years of imprisonment on the basis of Article 72, 6 years of imprisonment on the basis of Article 73, making the union on the basis of Article 48 to 16 years of imprisonment, with confiscation of property and deprivation of rights electoral for 5 years;
- Agustin Preçi, with 13 years of imprisonment on the basis of Article 72, 6 years of imprisonment on the basis of Article 73 of the Penal Code, is making the union on the basis of Article 48 of the Penal Code, with 15 years with confiscation of assets, with removal of electoral rights for 5 years.
- Pjetër Biba, with 12 years’ imprisonment based on Article 72, 5 years imprisonment based on Article 73 of the Criminal Code, 6 months’ imprisonment based on Article 285/2 of the Criminal Code, combining the sentences according to Article 48 of Penal Code with 14 h.l, with confiscation of property and removal of electoral rights for 5 years;
- Fan Ndoci with 12 years’ imprisonment based on Article 72 of the Criminal Code, 5 years imprisonment based on Article 73 of the Criminal Code, making the union based on Article 48 of the Criminal Code with 14 years’ imprisonment, with confiscation of property and removal of electoral rights for 5 years;
- Zef Nishi with 12 years’ imprisonment based on Article 72 of the Criminal Code, 4 years imprisonment based on Article 73/1 of the Criminal Code, making the merger based on Article 48 of the Criminal Code with 12 years’ imprisonment, with confiscation of property and removal of electoral rights for 5 years.
- Ndue Leti with 7 years’ imprisonment based on Article 80/1, with 4 years’ imprisonment based on Article 73/1 of the Penal Code, with 6 months imprisonment on the basis of Article 275/2 of the Criminal Code, making confiscation based on Article 48 of the Criminal Code, with 10 years of imprisonment based on Article 27, 28 of the Criminal Code, with the removal of electoral rights for 3 years, as well as the last word of the defendants who requested:
- Defendant Shtjefën Kurti, mercy, Mark Marku, mercy, Agustin, Preçi mercy, Pjeter Biba, mercy, Zef Nishi, mercy, Fran Ndoci, mercy, Ndue Leti ease.
During the investigation and trial of the case, it was proven that the defendants Mark (Bardhok) Marku, Pjetër Biba, Fran Ndoci, and Ndue Leti, starting from 1964, have developed agitation and propaganda for the weakening and undermining of popular power.
During the conversations they had with each other, they presented as if the people in this government are suffering, that the government only thinks about itself, that this is not the way to live, that the people are living in a dictatorship. They talked about life in the cooperative, presenting it as bad compared to the period of existence of private property. We, – says the defendant Fran Ndoci, – lost faith in the agricultural cooperative, we liked our private life. Since that period, the defendants have developed listening to foreign radio stations and commenting on them among themselves, presenting as if there is freedom in foreign countries and they live better there, while the opposite happens here.
It was also proven that from the end of 1964, or the beginning of 1965; Agustin Preçi also developed hostile activities against the popular government. In the conversations with Martin Rroku (convicted of hostile activity), he presents the political situation of our country on the edge of the precipice, as if the situation will soon be changed, as a result of foreign intervention. Talking about the agricultural cooperative, they presented as if the people were suffering for bread and the cause of this situation was the cooperative system. And in this period, the defendant Agustin conducts hostile conversations with the defendants Fran Ndoci and Mark Marku, making comparisons between our country and other countries, boasting the capitalist system. They have presented as if there is no freedom of speech and for every word they can arrest you, they have held various conversations, up to the poisoning of the people of Gurezi.
In 1967, the hostile activities of the defendant Shtjefën Kurti came to light. He, at first with the defendants, Mark Marku and Agustin Preçi, then with the convict Luigj Vata, while at the beginning of 1969, with the defendants Pjetër Biba and Zef Nishi, and with Dava and Prenë Bibi, he conducts friendly conversations from the various ones against popular power and our socialist order. He presents the measures against religion as the denial of the last “particle” of freedom, which supposedly remained in our country. The situation of the village is presented by the defendant as if it is impoverished, that while the village produces butter, cheese and meat, there is no one to buy these products in the village, that the impoverishment of the village is the result of the cooperative system, that when the Soviet Union is a nation big could not raise the standard of living for 40 years (we are talking about the cooperative system, the less we can be as a small nation. He welcomed the so-called “Prague spring” and wished that the same thing would happen in our country. On the other hand, he explained the hope that what happened in Czechoslovakia, with the Soviet occupation, would also extend to other eastern countries and Albania. He also constantly listened to foreign radio stations and commented on them together with of the defendants Mark Marku, Pjetër Biba, Zef Nishi, with witnesses Dava and Prena Biba, etc. These four defendants have also talked about escaping out of our country, with the hope of a quick change in the political order of our country, time when they would return again.
In 1969, in the first months, the agitation and propaganda began and the defendant Zef Nishi, in the talks he had with the defendants Pjetër Biba and Mark Marku, said that: this is not the way to live, that this situation will change due to interventions of foreign countries. Later, he held such conversations with the defendant Shtjefën Kurti, to whom they listened to foreign radio stations and talked to each other. At the organized dinner, he says that the defendant Pjetër Biba, when Shtjfën Kurti said: “Glorified be Christ, God free us from the Party”, Zef Nishi replied: “May your wishes be fulfilled”.
In the conversations held during 1968, in the conversations between the defendant Mark Marku and Ndue Leti, the latter tells him that: now that the lights and water have come to our village, it is his turn for this power to take his spoils let us live free, while regarding the defendant Ndue Leti, the witness D. M. in the investigation, said that: in August 1968, when they were gambling with the defendant Ndue Leti, after the Soviet Union took over the Czech Republic, Nduja said : “Wait for one day to bring today’s leadership to Albania and establish democracy”.
During the continuous talks that the defendants Mark Marku, Agustin Preçi and Zef Noci have had, they have spoken against the cooperative system. In these conversations, they have exchanged opinions to damage the agricultural cooperative, by burning the stables, easels, straw and agricultural products. Everything in the eyes of these defendants was obscured.
The activity of the defendants Mark Marku, Pjetër Biba and Zef Nishi, after falling in contact with the defendant Shtjefën Kurti, intensifies and expands the hatred against the popular power increases. The defendant Pjetër Biba, speaking about this in court, said that: in the conversations I had with the defendant Shtjefën Kurti, the latter told him: “I have fought for Albania, now I am old, so you fight for the overthrow of this power”.
In this way, Mark Marku, Pjetër Biba, Zef Nishi, Agustin Preçi, and Ndue Leti, have committed the crime provided by paragraph of Article 73 of the Criminal Code.
The defendant’s guilt is proven by the statements and mutual attributions that are consistent with the statements of the witnesses: Luigj Vata, Dava Biba, Prenë Biba, Pjetër Mirashi and Kole Luka, as well as with the statements of the investigator Anton Doçi, Martin Rrokut and Dode Mir.
The defendant Ndue Leti in the trial tried to deny the counter-revolutionary character of his conversations and denied the statements of Mark Mark, Pjetër Bibë, and the witnesses Dodë Miri. The court considers that these claims are not credible. The defendant himself asserts that when the land was collectivized, they agreed, but with the deterioration of the cooperative, I also capitulated politically, that in the talks with the defendant Pjetër Biba, I told him in our cooperative, there is little income and it does not work, that the cooperative turned us off, that the cooperative system is not good, it is not in favor of the people. He explained that he listened to foreign radio stations, he also admitted that he talked with the defendant Mark Marku, regarding the water and lights in the village, but according to him he made a hint, as if it would be better to do this before, when they had income (that is, when they were private), not now that we have nothing.
The content of these conversations, as explained by the defendant Ndue himself, sheds light on their hostile character. Then the attributions of the defendant Mark Marku, Pjetër Biba as well as the statements of Dodő Miri, clarify and correspond precisely with the line where the hostile activity of the defendant consisted. The defendant had good relations with both the defendant Mark and the defendant Pjetër Biba, who continued to gamble from 1962, while with the defendant Bardhok, he himself admitted that he talked about the lights in 1968. He precisely because they were friends, they also committed thefts together with both Pjetri and Mark. Although Dode Miri was a kulak, the defendant Ndue maintained a friendly relationship with him. During the investigation and trial of the case, it became clear that the offering of the defendant Ndue with the declassified elements of the kulak, is an early manifestation that was noticed by the defendant in 1949, where he was expelled from the party, precisely for this reason. In these circumstances, there is no reason to doubt the accuracy of the attributions of the defendant Mark e Pjetër and the statements of the witness Dodë Miri.
The defendant Zef Nishi explained during the trial of the case that he listened to the conversations with hostile content that the defendants Biba, Mark Marku and Shtjefën Kurti made, but he claimed that he did not speak himself and did not make a mistake that he did not reported them to the authorities. This claim of the defendant is not correct because it does not correspond to the truth proven during the trial of the case. The defendant himself said in court that: when I started the thefts, I started with another goal, but after the hook was put in my nose, I ended up as an enemy, then he admits that at the dinner organized in the house of the defendant Shtjefën, there was a conversation about to escape, he only says that “escape time”, “we have not set”, he admits that on one occasion, they listened to Italian radio stations in Albanian, in the house of the defendant Shtjefën, and talked about them, he says that the defendant Shtjefën, he was telling me about foreign countries, and their level, since I had never seen it, I went back and changed from a thief to an enemy, because a month before the first theft, we started talking with Pjetër Bibi and Bardhok Marku, that this is not allowed, that the system will change, etc., then the other defendants. Shtjefën Kurti and Mark Marku and Pjetër Biba. affirmed that for all the things discussed both before and at the organized dinner they all agreed.
In these circumstances, it is considered that the claim of the defendant Zef Nishi should be rejected.
During the review of the case, it was proven that the defendants Mark Marku, Pjetër Biba, Fran Ndoci, have not been satisfied with the agitation and propaganda, but have expanded the hostile activity and have attempted to undermine and destroy the cooperative economy of the village of Gurëz.
Being enemies of the people’s power, against which they developed agitation and propaganda, the defendants talked about the weakening of the cooperative economy, the reduction of income, with the aim of increasing discontent, revolting the masses and raising them against the cooperative and the people’s power. . In order to achieve this goal, they have made it their duty to steal as much as possible and damage the cooperative property, so that it is weakened and undermined.
This is how it was proven that the defendant Mark Marku, only from 1964, who has been carrying out agitation and propaganda, until the day of his arrest, in cooperation with the defendant Pjetër Biba and Ndue Leti, has embezzled 300 kg. corn worth 720 ALL, in cooperation with the defendant Ndue Leti, 200 kg. corn worth 480 ALL, with the convict Luigj Vata, 380 kg. corn, 500 kg. wheat, 216 kg. grosho, and 6 kg. whole alfalfa worth 3,432 ALL, with the convict Ndue Vata, 255 kg. corn worth 612 ALL, in cooperation with the defendant Fran Noci, 90 kg. corn, 200 ml. wire, 4 electrical fuses worth 504 ALL; in cooperation with the defendant Zef Nishi and Pjetër Biba, 60 kg. wheat worth 180 ALL, with the defendant Pjetër Biba, 30 kg. corn and a barrel, worth 122 ALL, the defendant himself embezzled 320 kg. corn 100 kg. wheat, 100 kg. reed, 40 kg. cement, 10 kg. iron rod, 4 pieces of bags, 30 kg. Alfalfa, all valued at 2,448 ALL. The entire amount embezzled by the defendant Bardhok alone and in collaboration with others, amounts to 8996 ALL. The defendant Bardhok, mercilessly devoured everything he could, so much so that he managed to tell Zef Nishi that, for his soul, he also took the soil of the earth.
Similarly, the defendant Pjetër Biba, since 1954, in collaboration with the defendant Ndue Leti, has embezzled 700 kg. corn worth 1,680 ALL, in cooperation with the defendant Ndue Leti and Mark (Bardhok) Marku, 300 kg. corn worth 720 ALL, in cooperation with the defendant Zef Nishi and Mark Marku, 60 kg. wheat worth 180 ALL, in cooperation with the defendant Zef Nishi, 385 kg. worth 1,699 ALL, in cooperation with the defendant Mark Marku, 30 kg. corn and a barrel worth 11 ALL, and only the defendant embezzled 1 kg. wheat worth 300 ALL. The entire amount that the defendant Pjetër has appropriated, only from cooperation, only in cooperation with others, amounts to 4,701 ALL.
It was also proven that the defendant Fran Ndoci, in 1966 and 1968, embezzled 700 kg. corn valued at 1,680 ALL, in cooperation with the defendant Ndue Leti, 90 kg. corn, 200 ml of copper wire and 4 electric fuses, valued at 505 ALL, in cooperation with the defendant Mark Marku. The total amount appropriated amounts to 2,185 ALL. In addition to the thefts, it has been proven that in 1968, the defendant Fran Ndoci, in cooperation with the defendants Agustin Preçi and Mark Marku, with hostile intent, aimed at undermining the economy of the agricultural cooperative, badly damaged the corn, removing the good plants and , leaving the bad ones, after they talked, they left the fertilizer without spreading it, in a part of the surface where they were working, with the aim that the tractor that would plow that land would remain idle. The defendants, feeding their hatred towards the agricultural cooperative, this new organism of our socialist order, have tried in every way to purposefully destroy it.
During the trial of the case, it was proven that the defendant Shtjefën Kurti was aware of the hostile activity carried out by some of the above-mentioned defendants, and he tried to deepen and expand this activity, as well as to achieve that it was developed in a way organized, he gradually manages to become the spiritual inspirer and the main instigator of this activity. At first, this activity takes place in individual conversations with other defendants, while later it starts to take some organization, with 2, 3 to 4 defendants talking together.
The initial intention of the defendant Shtjefën’s activity, to undermine the agricultural cooperative, is unclear, however, the line that this activity followed was clear. He speaks to the defendants and other persons, about the actions that the cooperative system allegedly brought, that he calls this system unjustified and the cause of poverty, he talks about the impossibility of securing a living, with the income received in the cooperative, and begins to stimulate morally theft. In this regard, the defendant Mark Marku has explained that: in 1967 when the defendant Shtjefën was working, he said: “steal, because you steal your sweat”, that “theft is not a crime”, and these words he said the defendant Luigj Vata, I have heard it since then, even when the defendant Mark told the workers of the warehouse, where the defendant Shtjefën was working.
The correctness of this hostile slogan thrown by the defendant Shtjefën Kurti is verified by the later events when the activity of the defendant in this line increases, so at the beginning of 1969, the defendant Shtjefën comes into contact with the defendants Pjetër Biba and Zef Nishi and after being informed that these were stealing, it is set in motion to encourage this activity, with a counter-revolutionary purpose. For this purpose, in the conversations that the defendant Shtjefën Kurti had with the defendants Pjetër Biba and Zef Nishi, in Shtjefën ‘s house, in the summer of 1969, it was said that: “it is good to lift and steal others, because this way the people’s income will decrease, and the people will rise up and destroy the cooperative”. All three defendants approve of this. Later, from the end of 1969, at the “dinner” organized again in the house of the defendant Shtjefën, where the defendants: Shtjefën, Mark, Pjetër and Zef, as well as the witnesses Davë and Prena Biba, the defendant Shtjefën, took part addresses the other defendants, saying: “Steal as much as possible from the cooperative with the aim of destroying it”. This advice, the defendant emphasized in court, I told you because: “I am against communism, I am old in this worldview”, because “I know that everyone has their own work, they work for themselves”!
The effect of this activity is palpable, which can be seen in the promotion of thefts during 1969. This is how it was proven that Zef Nishi, who at the end of 1968, commits the first theft, and at the beginning of 1969, begins agitation and propaganda, only for the year 1969, until he was arrested, inspired by the hostile feelings against the popular power, he managed to embezzle significant sums from the property of the agricultural cooperative. During this time, the defendant Zef, in collaboration with the defendants Pjetër Biba and Mark Marku, steals 60 kg. wheat worth 180 ALL, in cooperation with the defendant Pjetër Biba, 385 kg. 227 kg of wheat. corn, worth 1,699 ALL. The defendant himself appropriates 860 kg of wheat, 495 kg. corn, with a value of 3,777 ALL, as well as 1,002.4 ALL from the mill, the total value of the appropriations made by the defendant Zef, himself and in cooperation with other persons, amounts to 6,658 ALL. It was proven that the thefts continued even after dinner, as explained by the defendants: Mark Marku, Pjetër Biba and Zef Nishi, in order to carry out this order, it was interrupted at the beginning of the arrests, which were quickly made against the defendants who carried out this activity.
In these circumstances, the defendants: Shtjefën Kurti, Mark Marku, Pjetër Biba, Fran Ndoci, and Agustin Preçi, have consumed the elements of the crime provided by articles 72 of the Criminal Code.
The criminal acts of the defendants are proven in their statements and with the statements of the witnesses: Prenő Biba, Dava Biba, Luigj Vata, Gjon Zef Leka, Pjetër e Zef, Dalip Leni and Luk Luka, as well as with the minutes of the apartment inspections and decision no. .32 dated 1375/1971 of the People’s Court.
The defendant Fran Noci in the apology, and during the defense, has denied the accusation of sabotage, for the episodes of this activity at his address, mainly related to leaving bad plants and destroying good plants during the sale, as well as for obstructing the work of the tractor. He admits that in some cases he worked badly, but this he said, I did it out of mania to realize the rate quickly and then, to go hunting, while not spreading the manure, he explains that it was more difficult to spread it by the wind.
The court carefully investigated these claims and came to the conclusion that they should be dismissed, based on these evidence and circumstances. The defendant Agustin Preçi explains that: after we talked with the defendants Mark (Bardhok) Marku and Fran Ndoci, regarding the bad situation, the cause of which, according to us, was the cooperative, we agreed that they were working badly and with the intention of sabotage we left manure without throwing, so that the tractor would remain idle; that at the time when the three were working with a plot of corn, the defendant Bardhok told us: as if mowing it for the cows, that with the intention of sabotage, we thinned the good plants and left the bad ones, because they did not want to have bad crops good, that these happened in the summer of 1968, while the defendant Mark (Bardhok) Marku, related to this matter, says that: in 1968, we left the land unfertilized and spoiled it badly with hostile intent.
The three defendants have always had good relations, even the defendant Agustin, is close to the defendant Fran, and they have always had a good time, as much as before the arrest, both of them swore not to expose each other’s secrets, regarding the activity hostile. Then the defendant Fran himself, affirmed in court that: I wanted the cooperative to be destroyed, I said that: “if I am asked, in the agricultural cooperative, I will not leave anything undone”. Taking into account the above, as well as the fact that the defendant Agustin, does not only charge the defendant Fran, but also himself in such a serious crime, as well as the self-critical analysis that the defendant has made of his actions, as well as Defendant Mark’s assertions, the court finds that these claims should be dismissed. Memorie.al
The next issue follows