Dashnor Kaloçi
Memorie.al/Daut Gumeni in court: “I am an enemy of the party and I am not a spy to denounce my brother”. The note of Hysni Kapos in the letter of the Tepelena Party Committee to the High Court and the answer of Enver Halili that covered the legal side in the Central Committee, where he explains; why Daut Gumeni could not be sentenced to death, as demanded by all the people of Kurvelesh…?!
As it has been known for years from dozens of testimonies and archival documents published after the fall of the communist regime of Enver Hoxha until today, that regime, through the so-called bodies of the “Dictatorship of the proletariat” (State Security, Investigation , The Prosecution, etc.) through macabre torture, physical and psychological violence, etc., forced many detainees to give false testimony, affirming and signing everything that was put in front of them. But among these thousands and thousands of convicts of conscience, there were also those who stood before torture and violence, not accepting anything of what was required of their executioners. They have even done the opposite, speaking, cursing and accusing in their trials enough witnesses, investigators, prosecutors, the judiciary, and even the Labor Party. One of them was Daut Gumeni (currently deputy chairman of the State Commission for the Opening of State Security files), who in 1970, when he was not more than 22 years old, then a teacher and poet, in the trial in Tepelena, in the presence of hundreds of participants gathered from all over the province of Kurvelesh, declared before the court with full conviction, that he was a sworn enemy of the party and popular power. He even did this when he was informed of the sentence of 25 years in prison, and the “people” dissatisfied with that sentence, demanded his death sentence and execution in his native village in Gusmar of Tepelena. In this regard, it is the archival document that is finally revealed and published for the first time exclusively by the newspaper “Tema”, where the secretary of the Tepelena Party Committee, Sherif Toraj, through a secret letter informs Hysni Kapo, regarding the trial against Daut Gumeni and his cousin brothers. As well as the notes of Hysni Kapos in the letter in question and the answer he receives from Enver Halili, who at that time covered the legal sector in the Central Committee of the ALP. We are publishing the documents in question in full and with the relevant handwritten notes.
The secret document of 1970, where the Tepelena Party Committee demands the Central Committee of the ALP, the death sentence of Daut Gumen and his execution in his native village in Gusmar.
ALBANIAN LABOR PARTY
SECRET
PARTY COMMITTEE OF EXAMPLE DISTRICT NO. 1
Nr. 104. Prot / Tepelena, on 15/4/1970
CENTRAL COMMITTEE OF ALP
TIRANA
From March 26-27, 1970 in Tepelena, a trial was held against the defendants Izet Mehmet Gumeni, Daut Mehmet Gumeni (brothers) and Dervish Haxhi Gumeni from the village of Gusmar in this district, the first for cooperation with the fugitive criminals, Izet Vrazhdo, La Nuro and Ahmet Kuka, in the assassination of the party secretary of the former district of Gusmar, Selman Lames in December 1945. While the other two for agitation and propaganda against the popular power, do not report a crime committed by Izet Gumeni for whom they were aware and attempting to flee to monarcho-fascist Greece.
The above-mentioned were sentenced by the popular court of our district, Izet e Daut Gumeni to 25 years each, while Dervish Gumeni to 20 years of imprisonment.
Considering the position of the criminal Daut Gumeni that he held in the trial about which we will inform you below, we think that he was not given the deserved punishment as a criminal and sworn enemy of the popular power, which he openly stated in the trial. judicial through the expressions listed below:
When asked by the judiciary why he had taken this wrong path, I declare: “I am an enemy of your party and the popular power.” Also, during the questions and unmasking that was done by the trial panel and the public, ay said:
– “You say that in Albania the river of goods has started to flow, but still no point has started to drip”.
“I am not a spy to unmask and report my brother, Izet, for collaborating with the saboteurs.”
“I’m probably a worm, in your opinion, but I dare not say that you are also a reptile.”
– “You mock the blood of Selman Lames”.
“The mass organizations are not the levers of the party, but its idiots.”
– “The views of foreign writers that you call reactionaries, you do not tell them everything children to judge and shape their own meaning ”.
“I felt deprived, I lacked freedom of speech and action.”
“I have opposed these poems because this is my meaning, the reality of my life, this is how I see life.”
– “When I went to the western world I would have the opportunity to get a full and accurate education”, etc.
His hostile attitude also appeared in the controversy he began to have with the discussants who harshly condemned from the courtroom this reactionary attitude of his, who tried to attack them with insult and elaborate irony.
The people of this district, indignant at his hostile activity and reactionary intent towards the court and the public in the courtroom, insisted that this betrayed enemy be sentenced to death, being executed in his village, at the place of activity. of crime. Even in this case, when he gave you the last word on self-defense, he said with hypocrisy and irony: “Implement the request of the measure”.
Considering the criminal activity, the hostile attitude he held in court and the opinion of the working masses of this district: we think that the sentence should be reviewed by applying it to death.
SECRETARY OF THE DISTRICT PARTY COMMITTEE
Sherif Toraj
Letter from Enver Halili, to Hysni Kapo
COMRADE HYSNI
After consulting with the judge of the case at the High Court, my wife Lumturi Reso, who has tried this case in the second instance and with the legal provisions that provide for the crimes of the convict Daut Gumeni, it turns out that:
-The attitude of the convict Daut Gumeni during the trial was as stated by the friends of Tepelena in the letter sent to the Central Committee of the Party.
-This person has been tried before, i.e. before this trial, for attempted escape and was sentenced to imprisonment.
-During the investigation process against the convict Izet Gumeni, Daut’s brother, the latter was implicated in two other crimes for agitation and propaganda against the government and for not escalating the crime (of the murder of the secretary of the party committee of the former district of Gusmari , Selman Lames in 1945).
-For these two crimes, which provide by the criminal code, the first up to 10 years in prison and the second up to 8 years in prison, was tried and convicted, committing the three crimes according to legal provisions, with 25 years of imprisonment. This is the maximum provided by law for the crimes he has committed.
-For Daut’s brother, Izet Gumeni, who has been tried and convicted of crimes: terrorist acts and agitation and propaganda against the government and that the law provides for the death penalty, the court has given him 25 years of imprisonment and has left this in force the high court for this reason, the first because this one at that time was young and only an accomplice, the second since the time when the crime was committed and until today many years have passed, and during these years there have been several amnesties and the last because his attitude in court has been correct, viz. not like that of Daut.
I think that the District Party Committee and then from this people of that area should be clarified that for Daut Gumen’s hostile activities before the trial and during the trial, he was given the maximum sentence provided by law by the court.
This explanation could and should be made before the people by the court once after the end of the trial./Memorie.al
Enver Halili
04/05/1970
