Av. ALFDRED DUKA
The thirtieth part
– 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
For a long time, in various conversations, in a meeting of 2, 3 and sometimes 4 people, the defendants among themselves or with other people, have agitated and propagated against our popular government. This is how they have expressed themselves by distorting the reality of our country, presenting life in us as difficult and at the same time, they have compared it to life in other Western countries.
They spoke out against the agricultural cooperative, calling it the cause of the created situation and they wanted to break the cooperative system. They wanted and at the same time they had conversations about changing the social system in Albania, linking this to the intervention of foreign countries, especially the Soviet Union, as happened in Czechoslovakia. They have spoken against the leadership of our Party and have propagated as if there is no freedom and other words in our country.
The collected facts have proved that: The defendants Mark Marku, Pjetër Biba, Ndue Leti and Fran Ndoci, from 1963 to 1964, through conversations with each other, started this hostile activity. In this regard, the defendant Mark Marku stated: 8, 9 years ago we started the talks against the people’s power with Peter Bibi. In our conversation, even later, we spoke against the government that it only thinks about itself and not about the people that we are suffering in this government. We listened to the news on foreign radio stations and commented on them. Continuing in his explanations, the defendant Mark Marku says: “With Ndue Leti in 1964, at the mill in Gurze, we talked about cooperatives and the socialist system, we said that this is not allowed, that the people are living in a dictatorship… that for one to put them in prison, we said that we don’t have the right to speak”.
Regarding the conversations with the defendants Ndue Leti, the defendant Mark, has expressed: “We wanted our country to be occupied by the Soviet Union, that we will suffer like Czechoslovakia, we said that one night when we sleep, tomorrow we will find a power of the other system. On May 1, 1968, when the light came to Gurëz, Ndue Leti told me that the Party fixed the water and light for us, now collect the spoils and leave and leave us free”.
The explanations given by the defendant Mark Marku also confirm the defendants Pjetër Biba, Fran Ndoci and to some extent the defendant Ndue Leti. In this regard, the defendant Fran Ndoci explained: “We started the conversations in 1963, 1964 with Mark Mark, we talked about the bad life in the cooperative and the good ones when we were private. We wanted the cooperative system to change and the private system to follow. Below, the defendant Fran Ndoci explains that: in subsequent conversations with the defendant Agustin Preçi, we compared life in Albania with that in foreign countries. We talked about freedom in these countries; we talked about escape, about undermining Stalin’s moment, etc. Our conversations in this direction, – says the defendant Fran – are countless. I – says the defendant – I want the cooperative to join.
Even the defendant Ndue admitted to the investigator, as well as before the court, that others have had friendly conversations with the aforementioned defendant. The defendant explains: “We talked that the cooperative system is not good, it is not in favor of the people, it does not allow you to develop private wealth and have a good income.” In 1962 to 1965, with Mark Mark they said that the cooperative system is not for the good of the people. We spoke against the cooperative system. I called the measures to reduce personal gardens unfair, which impoverished the people. “The defendant Zef Nishi explained that: Ndue Leti spoke to me about the low income, about the difficulties and as the cause of this situation he called the cooperative and the cooperative system.
In these circumstances and in this period, the four defendants, specifically: Mark Marku, Ndue Leti, Fran Ndoci and Pjetër Biba, have started propagandizing against the people’s power, an activity that in later conversations has been expanding and more , meanwhile, the defendant Mark Marku and Pjetër Biba, have continued their embezzlements to the detriment of the agricultural cooperative, in a systematic way and in large proportions, starting from the counter-revolutionary goal, committing the crime of economic sabotage.
Thus, the defendant Bardhok Marku, in addition to continuing to develop hostile propaganda, has continued to embezzle from a wide circle of people, such as: Luigj Vatőn, Nush Vatőn, Zef Nishin, Pjetër Biben, etc. Even the defendant Pjetër Biba, in addition to continuing the hostile activity in the form of propaganda, has also continued embezzlement with Mark Marku, Zef Nish and others. The embezzlement of the defendant continued until the time of their arrest.
The defendant Shtjefën Kurti, even before in conversations with Zef Bibi, Anton Doçi, but especially in 1967, begins to develop his hostile activity, especially with the defendant Mark Marku, Agustin Preçi, Luigj Vatë, and later with Pjetër Bibi, Zef Nishin, Dava and Prena Bibën, etc. The defendant, Shtjefen Kurti, in connection with these, explained: “In a conversation with Mark Mark and other people in 1967, I told them that churches in foreign countries are free, while in our country they are not…this bit of freedom that we had was taken away from us. I told them that in the village we produce butter, cheese, meat, and in the village we no longer buy them, life in the village is poorer because of the cooperative, than when in the Soviet Union, they were not able to raise the standard of living for 40 years, which is a big nation, and how can we achieve it in a small nation.
Even the defendant Mark Marku says that even in 1967, Shtjefen Kurti was talking to us about Italy, America, etc., that they live well there, and not like us who live like animals. He and I have said when this system will be changed…that the cooperatives do not lead to a good life, that they are impoverishing the people. Asked about this, the defendant Agustin Preçi explained: “In 1967, Shtjefen Kurti told me that in Italy the workers dress well, there is culture, the Albanian does not know how to live, we have come to an end since the entry of To the party, we will reach a place where we will not recognize each other as sisters and brothers… because Albania is suffering for bread and butter, there are no material goods and the cause is the cooperative system”.
Their propaganda activity against the people’s power is taken over by the defendant Shtjefen Kurti together with other defendants, such as: Zef Nishi, Agustin Preçi, Mark Marku, Pjetër Biba, etc., and further developed in separate conversations or in meetings with many other people. Thus, the defendants listen to and comment on the news of foreign radio stations, show the desire for the occupation of Albania by the Soviet Union, with the aim of changing the power, propagandize about the way of life here and in other countries, show thoughts to escape abroad of the state, they speak against the leadership of the party, against the cooperative system, they express themselves for the burning of stables, products, straw easels and others.
In relation to these, the defendant Agustin Preçi explained that: in conversations with Fran and in many cases in the presence of Mark Mark, we said that we would damage the cooperative, by burning the stables, straw, corn and others. Defendant Mark Marku also asserts such a thing. The defendant, Shtjefën Kurti, explained that, in conversations with them, he told them that he liked the “Spring of Prague” and hoped that this would extend to other eastern countries and later in Albania. Pjetër Biba, in front of the Court, explained that Shtjefën Kurti told me: “I have fought for Albania, now I am old, so you should fight for the overthrow of this government.”
The hostile activity of these defendants reached the highest level under the direction of the defendant Shtjefön Kurti, during the year 1969. In the summer of 1969, the defendant Shtjefen Kurti, Zef Nishi and Pjetër Biba, meet in the room of the defendant Shtjefön, where all three have conversations of a hostile nature, such as the overthrow of the government and others. In these cases, the defendant Shtjefe became aware of the thefts that Zef Nishi was carrying out with Pjetër Bibi and at the end of the conversation, he said to the other defendants: steal, because you steal your sweat. Defendant Pjetër Biba explains: in the summer of 1969, at the end of our conversations, Shtjefëni said, steal that you get your sweat. Earlier, – says the defendant, – I had explained to Shtjefen, that Zef Nish and I used to steal.
In relation to this, the defendant Shtjefen Kurti said: I told Zef Nish that it is good that I got away with theft, so the income of the people decreases, and the people rise up and destroy the cooperative, even rise and others for stolen. At the end of 1969, at the dinner organized with the participation of the defendants: Shtjefën Kurti, Mark Marku, Zef Nishi and Pjetër Biba, where Dava and Prena Biba assisted for a time, in addition to talks about the overthrow of the government, for escaping abroad of the state and others, it is said by the defendant Shtjefën that, to steal on purpose, to make people unhappy, to reduce the value of the working day, to raise people in revolt, to destroy the cooperative. Even after that, the defendants Mark Marku, Zef Nishi and Pjetër Biba explain, we continued the thefts to carry out this order. Witnesses Dava and Prena Biba explain the conversations held at this dinner, apart from the four defendants.
In 1968, the defendants: Mark Marku, Agostin Preçi and Fran Ndoci, after having previously developed hostile activities between them in the form of agitation and propaganda, being connected since 1968, with the defendant Shtjefën Kurti, talk to someone – others who, with the intention of sabotaging, perform poor work in the agricultural cooperative. The defendant Agostin Preçi explained: “Me, Mark Marku and Fran Ndoci talked in 1968 about working badly in the cooperative for its destruction.
For this purpose, says the defendant Agostin, when we were working on the distribution of fertilizer, in order to prevent the tractor from working, we left a part of the chemical fertilizer without distribution. Also, says the defendant Agostin, when we were working with the sale of corn, the three of us together with the purpose of sabotage, we removed the healthy plants and left the weak ones. Such an assertion is fully confirmed by the defendant Mark Marku, who explained that in these two cases, we acted with the intention of damaging and destroying the cooperative.
We think that the statements of the defendants Agostin Preçi and Mark Marku are completely reliable, bearing in mind the remorseful and sincere attitude of these two defendants, as well as the negative attitude of the defendant Fran Ndoci regarding these charges. The fact that after 1968 the three defendants did not commit acts of this nature, should not serve as an argument to drop this charge, because as the defendants explain, they were separated from each other and were not given the opportunity to act together.
The defendant Ndue Leti for a long period of time, since 1962, in collaboration with the defendant Pjetër Biba and later from 1965, in collaboration with the defendant Mark Marku, has appropriated the surpluses created in the cooperative’s mill; giving those 200 kg were sold. Easter Mirit corn flour, 150 kg. Fran Nokos, 100 kg. Good luck to Ali Hysen. In the year 1964-1965, the defendant Ndue sold 150 kg of the appropriated grain. Happy Easter again. In cooperation with Mark Mark, they sold 300 kg. corn flour Martin Rrokut, while 200 kg. Bajram Cafit. In 1966-1967, the defendant Ndue Leti, in cooperation with the defendants Fran Ndoci and Bajram Cafi, stole 700 kg at night from the warehouse of the third brigade. corn and the realized money, they divided it between them.
In 1968, the defendant Ndue, in agreement with Gjok Niko, embezzled 330 kg on four occasions. corn, dividing it between them. In 1968, Ndue Leti acquired 12 bags of 100 kg from the cooperative’s mill wheat and 20 kg. corn, he sold it to Kol Shyti as well as 116 ALL, from the irrigation of the agricultural cooperative Lezhë Island. In these conditions, the defendant Ndue Leti, has committed the crime provided for by article 80/1 of the Criminal Code, by co-appropriating cooperative property, in an amount of 5,900 ALL. Also, the defendant Ndue Leti and Pjetër Biba, during the year 1968-1969 and with other persons, played gambling, thus committing the crime provided by article 285/11 of the Penal Code.
The guilt of the defendants: Shtjefën Kurti, Mark Marku, Agustin Preçi, Pjetër Biba, Zef Nishi and Fran Ndoci, for the accusation of articles 72 and 73 of the Criminal Code, are proven by their statements made to the investigator and the court, with the attributions of one – the other, as well as with the witnesses questioned in this regard. Even the accusations against the defendant Ndue Leti, according to articles 73/1, 80/1 and 285/2 of the Criminal Code, are proven with the statements made by him in the hetusi, with the attributions of the defendants: Mark Marku, Pjetër Biba, Zef Nishi, Fran Ndoci, as well as with the explanations of the witnesses Bajram Cefi, Pashkë Miri, Gjok Nika, Martin Rroku and others, with the process – the report of the inspection of the apartment, as well as with the document dated 28/11/1969.
Fellow Judges, the moment when you will evaluate this hostile activity with your decision, seeing the problem in the unity of things, i.e., looking at the social danger of the act and the personality of the persons who committed it. The crime committed by the defendants represents a significant social danger because it is directed against the economic base of the People’s Republic of Albania and for the weakening of the people’s power.
Looking at this activity in relation to the object it violates, in relation to the group of people involved in relation to the long period it has continued, as well as looking at this activity in relation to the fact how many other people have been compromised, breaking his conscience, the dangerousness of the crime committed by the defendants stands out and is better clarified.
In the evaluation of this activity, we think that the fact that it was developed in an agricultural cooperative with poor results, and for its execution, the ruling party in the district was constantly procured. On the other hand, we should not ignore the negative effects that this activity has had on the performance of the work in this cooperative. All this activity must be closely related to the personality of the persons who have carried it out, in relation to their good and bad sides.
The defendant Shtjefën Kurti, reactionary cleric, representative of the religious ideology that with his idealistic thoughts and feelings is against the Party’s policy for the revolutionary class education of the working masses. But he is not only a reactionary in his thoughts, but also a man of action who, with his activities, develops in a wide style and for a long time agitation and propaganda against the people’s power and at the same time throwing the hostile slogan steal and take the fight and your sweat, steal and damage to destroy the cooperative, he becomes the inspirer and inspirer of all this sabotaging activity.
He is a consistent enemy of our people’s power, sentenced in 1946 to 20 years of imprisonment for treason against the country, as an agent of foreign intelligence, a fraudulent element, a man with two faces, who, depending on the occasion, sometimes presents himself as Shtjefen and sometimes presents himself like Don Shtjefni. He comes from rich backgrounds, has a high theological education. Although he admitted his guilt to the investigator and before the court, he has lost the slightest hope for rehabilitation, he wants to die as a representative of his reactionary ideology and at the same time, as an enemy until the end of our power.
The defendant Mark Nikolla, has developed the agitation and propaganda with a wide circle of people, almost all the defendants, has begun to systematically and in large proportions since 1958 until the time of his arrest, has sabotaged the economy as with in terms of thefts as well as in terms of damages, it is implicated with 8 groups of embezzlers and has the largest number of episodes compared to all the other defendants.
He comes from a family with poor peasant origins, he benefited from the reforms of popular power, he is illiterate and at a young age. Although he maintained a remorseful attitude both in court and in court, contributing to the discovery of his activity and that of the other defendants, this circumstance must be taken into account when determining the punishment measures against him, but again the dangerousness of the defendant Mark It is big, considering the breadth and continuity of his activity.
The defendant Agustin Preçi has been carrying out the propaganda activity with some of the defendants for several years, while the sabotaging activity by causing damages during the performance of various works in the cooperative. He was an educator, raised culturally, with a young age. He comes from a poor background, he has admitted his guilt, both to the investigator and before the Court, and he is remorseful. His uncle was convicted of crimes against the state.
The defendant, Fran Ndoci, has been developing hostile propaganda for several years. He has systematically appropriated the property of the cooperative. He committed the act of sabotage by damaging the property during the execution of the works. He comes from a family of middle-class origin. He has 7 years of education and at a young age. In the investigator and in the court, he did not fully accept the accusation, but he tried to avoid the responsibility.
The defendant Pjetër Biba, has a long hostile activity, he carried out the embezzlements in a systematic way and in large proportions. He carried out the act of sabotage through the theft of cooperative property. He was convicted of theft. He comes from a poor background, a lazy element and a gambler. In court and before the Court, he admits his guilt and appears repentant, without education and without any intellectual development, excluded from the Party.
The defendant, Zef Nishi, developed the hostile activity only during 1969. He systematically and in large percentages in 1969 appropriated the cooperative property. He comes from a family with a middle-class peasant origin, he has 7 years of education, at the age of 10, and he has generally accepted his guilt and has shown himself to be very remorseful.
The defendant Ndue Leti, has developed the agitation and propaganda with the other defendants and has appropriated the socialist wealth in large proportions and in cooperation with others. He comes from a poor peasant family, excluded from the Party, with primary education, unconvicted gambling element.
Keeping in mind the social danger of the crime committed by the aforementioned defendants, as well as their personality, we request that after the defendants plead guilty, they be sentenced:
1 – The defendant Shtjefën Kurti, for the crime provided by Article 72, i.e., for economic sabotage, shall be sentenced to death, shooting. For the crime provided by Article 73/1 of the Penal Code, he shall be sentenced to 10 years of imprisonment. Finally, by combining the sentences, according to articles 48 of the Penal Code, we request that the defendant Shtjefën Kurti be sentenced to death by firing squad.
2 – The defendant Mark Marku, for the crime provided for by Article 72 of the Penal Code shall be sentenced to 13 years of imprisonment. On the basis of Article 73/1 of the Criminal Code, he shall be sentenced to 6 years of imprisonment. Finally, by combining the sentences, according to Article 48 of the Criminal Code, he is sentenced to 16 years of imprisonment.
3 – The defendant Agustin Preçi, for the crime provided for by Article 72 of the Penal Code shall be sentenced to 12 years of imprisonment. For the crime provided for by article 73/1 of the Criminal Code, to be sentenced to 6 years of imprisonment. Finally, by combining the sentences according to Article 48 of the Penal Code, he is sentenced to 15 years of imprisonment.
4 – The defendant Fran Ndoci, for the crime provided by article 72 of the Criminal Code, be sentenced to 12 years of imprisonment. For the crime provided by article 73/1 of the Penal Code, with 5 years of imprisonment. Finally, by combining the sentences based on Article 48 of the Criminal Code, he was sentenced to 14 years of imprisonment.
5 – The defendant Pjetër Biba, based on Article 72 of the Criminal Code, is sentenced to 12 years of imprisonment. Based on Article 73/1 of the Criminal Code, he is sentenced to 5 years of imprisonment. On the basis of Article 285/2 of the Criminal Code, he is sentenced to 6 months of imprisonment. Finally, by combining the sentences, according to Article 48 of the Criminal Code, he is sentenced to 14 years of imprisonment.
6 – The defendant Zef Nishi, for the crime provided by Article 72 of the Criminal Code, shall be sentenced to 12 years of imprisonment. For the crime provided for by Article 73/1 of the Penal Code, he shall be sentenced to 4 years of imprisonment. Finally, by combining the sentences according to Article 48 of the Criminal Code, he is sentenced to 12 years of imprisonment.
Against all the above-mentioned defendants, the confiscation of the property should be imposed and, based on articles 27-28 of the Criminal Code, the electoral right should be revoked for 5 years.
7 – The defendant Ndue Leti, for the charge provided by article 80/1 of the Criminal Code, shall be sentenced to 7 years of imprisonment. For the crime provided for by Article 73/1 of the Penal Code, he shall be sentenced to 4 years of imprisonment. For the crime provided by article 285/2 of the Penal Code, be sentenced to 6 months of imprisonment. Finally, by combining the sentences, according to article 48 of the Penal Code, he is sentenced to 10 years of imprisonment. On the basis of article 27, 28, of the Penal Code, the removal of the electoral right for a period of 3 years. Memorie.al
Gurez on 28/11/1971
The next issue follows