Dashnor Kaloçi
second part
Memorie.al publishes for the first time the court file with the decision of the People’s Court of Tirana of January 31, 1977, chaired by Alex Varfi, for the much-discussed event of “poisoning of Baldushk cows”, which “ate” four heads people and sent many other innocent people behind bars. How the accusation was staged and edited by the State Security in cooperation with the Investigation, the Prosecution and the Court, creating the so-called “Sabotage criminal group” of seven people, which included: Refat Daja, Nuri Allmuça, Selman Balla, Agim Akcani, Bashkim Allmuça, Emine Shima and Nadire Shimta, who were also accused as “supporters of Beqir Balluku’s Group and who had threatened the senior leadership of the ALP through an anonymous letter, as well as the Toxicological Expertise Act No.365, prepared by experts Nexhmedin Misiri, Raqi Qirici, Thoma Nano, Napoleon Shomo and Afrim Tabaku, where, among others, it is stated: “It shows the presence of mercury, phosphorus, nitrate, and nitrite preparations in both cow urine and drinking water. The experts explained that in the bucket where the poisons were allegedly mixed by the defendants, super mercury phosphate and nitrate were found.
“Thus, the two agreed to send an anonymous letter to the main leaders of the Party full of slander and fabrications and with hostile expressions, mainly against the cadres of the Party in the area of Baldushk. But the defendants, seeing that this wish of theirs was not realized, thought to carry out more concrete actions. So, from August 1975 they thought of poisoning Koop’s cattle. Agricultural initially in the stable of Mumajesi, but for this they did not find suitable conditions as they needed other collaborators, they decided to withdraw in this activity initially the defendant Emine Shima as a midwife. After this also accepted their plan, they jointly decided to expand the group by introducing other dissatisfied people who work in the cattle stable in Baldushk because without their help the poisoning of cows in this stable could not be realized. Each of them has taken on the task of ensuring the poisoning of cows, but especially this task has been taken over by Refat and Nuriu. In addition, Emine Shima is in charge of introducing her sister defendant Nadire Shima as the latter is a milkmaid in Baldushk’s stable. “Nuri and Bashkim Allmuça undertook to withdraw Selmani while Refat was charged with withdrawing Agim Akçani, and by the end of 1975, taking advantage of the hostility against the government, they accepted without difficulty the participation in the group, knowing his intentions”.
This was stated, among other things, in the decision of the People’s Court of the Tirana district on January 31, 1977, where it “exposed” the activity of the so-called “hostile sabotage group of Baldushk cows”, which included: Refat Daja, Nuri Allmuça, Selman Balla, Agim Akcani, Bashkim Allmuça, Emine Shima and Nadire Shimta, who were accused of collaborating with each other, had poisoned over 100 cows of the Baldushk Cooperative! For more about this, the document in question informs us about the decision of the People’s Court of Tirana headed by Aleks Varfi, which Memorie.al publishes in full and for the first time.
Continued from the previous issue
The decision of the People’s Court of Tirana for the “hostile sabotage group” of Baldushk
THE PEOPLE’S REPUBLIC OF ALBANIA
POPULAR COURT OF TIRANA DISTRICT
Nr. 35 Act
Nr. 39 Decision
Dt. 31. I. 1977
Decision: “In the name of the people”
How 98 breed cows died from poisoning
As a result, 98 breed cows died as a result of this poisoning. The guilt as above was proved by the detailed statement of the defendants: Refat Daja, Nuri Allmuça, Agim Akçani, Bashkim Allmuça, Nadire and Aishe Shima. All of them, both during the investigation and during the trial, clearly acknowledged that the poisoning of the cows was committed by them. As for the defendant Selman Balla, it is noted that he has maintained a negative attitude. While everyone else, gave explanations that Selmani participated in the crime, forcing the defendant to admit his guilt. The latter’s allegations’s alleged disputes with the other defendants were rejected by all of them, thus acknowledging complicity in this counter-revolutionary action. Defendant Selman, in order to escape his responsibility, tried to raise the alibi that allegedly on the night of the crime, he was at a dinner in his house with several people, thus unable to be at the scene. Witnesses questioned about this fact, named Sherif Ibrahimi and Dalip Ismaili, testified that although they had been to dinner at Selman’s house, they did not remember the date and in their opinion, this happened many days before the poisoning of the cows. All this shows that even Selman Balla, despite his negative attitude, is part of the group that has poisoned Baldushk’s cows. Other evidence proving their guilt is: Graphic expertise dated 17 November 1975, which confirms the anonymous letter addressed to the main leader of the Party, written by Nuri Allmuça.
Expertise act: cows have been poisoned with mercury
Toxicological act No. 365, prepared by experts Nexhmedin Misiri, Raqi Qirici, Thoma Nano, Napoleon Shomo and Afrim Tabaku, which shows the presence of mercury, phosphorus, nitrate, and nitrite preparations in both cow urine and water drinking. The experts explained that in the bucket where the poisons were allegedly mixed by the defendants, super mercury phosphate and nitrate were found. From the explanations given by the experts before the court, the possibility that their poisoning had occurred by their own body was excluded, as there is no special analysis that confirms this. Also, the possibility of food poisoning is excluded. Experts showed that the combination of poisons in food could not be done with the presence of a single person. It was also proved that the food warehouse has three gates, where the key of one of them was held by Agim Akçani, while the other two, the chief storekeeper Hazis Balla. This proves that all these people have entered this stable, only with the help of people like Hazisi and Agimi. A series of other pieces of evidence indirectly prove that Nuri Allmuça, a few days before the event, indirectly expressed his views on the damage that could be done to the cooperative. Thus, the witness Nuri Allmuça stated that 10 days before this event, the defendant Nuri said that he would send a letter to K.Q. of P.P.SH., anonymous, that they did not support him in Baldushk. Our cooperative in this case, would be severely damaged. Zyber Allmuça stated as above, that Nuriu has shown that cows have been poisoned with black mercury. Lutfi Allmuça testified that Nuri had told him to leave the stable, as something serious could happen to him. These expressions were also witnessed by the witness Petrit Allmuça. It has been proven that in the Agricultural Cooperative in Baldushk, a careless attitude has been taken regarding the storage of poisons.
Cow poisoning, diversionist offense and crime
The act committed by the defendants forms the crime of diversion which resulted in severe damage to the property of the cooperative, launched with special counter-revolutionary goals. This happened, to create in the people a feeling of fear and insecurity, a crime provided in Article 70 of the Criminal Code. The indictment alleges that the defendants, in order to realize their counter-revolutionary goals, created a criminal organization. This conclusion of the accusation on the existence of a criminal organization is unfounded for the following reasons: In order to have a criminal organization it is necessary for the following conditions to exist: More than two persons participate in it. Be organized. Be consistent in carrying out ongoing activities against the government in a high form of organization. In the present case, there is a lack of consistency and high organization, because the defendants intended to commit only that counter-revolutionary act of poisoning the cows, and for this purpose they united within a short time, holding only one meeting there. from the end of October, when it became clear to everyone that they would act on the poisoning of cows on November 7, 1975 and after that their activity ended. So, it does not appear that they had other intentions. As for the crime of agitation and propaganda against the popular power, this of some of them was committed before they agreed on the poisoning of cows and was committed with specific persons and was not even in their work program. Criminal organization is the highest form of organization to commit various crimes, so in this case these elements are missing, and consequently the offense was committed by an organized group of persons. With their actions, the defendants have damaged the agricultural cooperative in lek 350,000 for which they must be held jointly liable.
Threatening letters to the leadership: You will eat your heads off!
The defendants also committed the crime of agitation and propaganda and specifically as follows: The defendants Rifat Daja and Nuri Allmuça, jointly prepared an anonymous letter to the Party leadership, full of slander and fabrications about Baldushk’s communists, and at the same time in this letter they express even hostile words against the Party leadership. “If you do not solve these problems, you will eat your heads off.” This is proven by the letter as the object of the crime as well as by their allegations. In addition, the defendants have expressed dissatisfaction with the measures taken by the party against Beqir Balluku, calling them unfair. Defendant Nuri Allmuça, in addition to the facts, agitated against collectivization and the fight against religion. This fact is also proven by the allegations of the other defendants. Also, the defendants Emine and Nadire Shima, have agitated against agricultural cooperatives, have supported religion, as well as in conversations they have had with many other people in Baldushk, have stated that: the general standard of living and the Albanian economy is in catastrophic level, as this work did not last long.
The two defendant sisters supported Beqir Balluku!
The defendants in question also supported Beqir Balluku. This fact is also proven. The defendant Agim Akçani is also responsible for the crime of agitation and propaganda, as he stated with his mouth about the low level of cooperatives and the Albanian economy. This is corroborated by his allegations during the investigation. These offenses convicted according to article 73/1 of K.P. Defendants Bashkim Allmuça and Selman Balla were also charged with agitation and propaganda, but have consistently denied this. The indictment bases their guilt mainly on the attributions of defendant Nadire Shima, which are vague, so it is insufficient for these two defendants to be acquitted of this fact. These acts committed by the defendants, have posed a great danger. For the measure of punishment, the court considers the degree of participation of each defendant in the commission of this crime. The initiators of this criminal act are Refat Daja and Nuri Allmuça, who from the very beginning wrote the anonymous letter, and seeing that this did not bring any success, they undertook to commit the act of poisoning cows. For this they initially attracted Emine Shima to their group and then took the decision to expand and consolidate this group. These things were done by exploiting their grievances. Both of these are the main leaders of the cow poisoning group. As such they pose a higher risk than other defendants. Defendant Agim Akçani, using his position as a brigadier, has deliberately influenced the execution of this crime. As for the defendant Bashkim Allmuça, he is less dangerous than the others, as he has stated his participation in the crime from the very beginning. Defendants Nadire and Emine Shima also pleaded guilty to the crime. But the court, considering their young age, judged their character to be less dangerous.
Verdict: Two to death, others to long prison terms
For this reason: Pursuant to Article 78 of K. Pr. Criminal Court:
Decided
- To plead guilty to the defendant Refat Daja for the crime of diversion and pursuant to Article 70, 12, and 8 of K.P. sentences him to DEATH by shooting and confiscation of his property with the loss of the right to vote for 5 years. Pursuant to Article 73/1 of K.P. sentences him to 8 years in prison. Finally, under Article 48 of the K.P. punishes him with shooting as well as confiscation of his property with the loss of the electoral right for 5 years.
- Declares guilty the defendant Nuri Allmuça for the crime of diversion committed in collaboration under Article 70, 12 and 73/1 of K.P. sentences him to DEATH by shooting and confiscation of his property with the loss of the right to vote for 5 years. Finally, under Article 48 of the K.P. punishes him with shooting as well as confiscation of his property with the loss of the electoral right for 5 years.
- Declares guilty the defendant Selman Balla for the crime of diversion committed in collaboration under Article 70, 12, of K.P. sentences him to 22 years in prison and confiscation of his property with the loss of the right to vote for 4 years.
- Declares guilty the defendant Agim Akçani for the crime of diversion committed in collaboration and pursuant to Article 70, 12 and 28 of K.P. punishes him with 20 years of imprisonment and confiscation of his property with loss of electoral right for 4 years. Finally finds him guilty of Article 73/1 of the K.P. and sentences him to 21 years of imprisonment and confiscation of his property with loss of electoral right for 4 years.
- Declares guilty the defendant Bashkim Allmuça for the crime of diversion committed in collaboration and pursuant to Article 70, 12 and 28 of K.P. sentences him to 16 years imprisonment and confiscation of his property with loss of electoral right for 4 years.
- Declares guilty the defendant Emine Shima for the crime of diversion committed in collaboration and pursuant to Article 70, 12 and 28 of K.P. sentences her to 14 years in prison and confiscation of her property with loss of electoral rights for 4 years. Finally finds him guilty of Article 73/1 of the K.P. and punishes her with 15 years of imprisonment and confiscation of her property with loss of electoral right for 4 years.
- Declares guilty the defendant Nadire Shima for the crime of diversion committed in collaboration and pursuant to Article 70, 12 and 28 of K.P. sentences her to 13 years in prison and confiscation of her property with the loss of her electoral right for 4 years. Finally finds him guilty of Article 73/1 of the K.P. and sentences her to 14 years of imprisonment and confiscation of her property with loss of electoral right for 4 years.
The obligation of all defendants to pay the damage caused to the Baldushk Agricultural Cooperative of 350,000,000 ALL. The serving of the sentence for the defendants Selman Balla starts from 10.11.1975, for Agim Akçani from 10.11.1975, Bashkim Allmuçë from 17.6.1976, Emine Shima from 9.12.1975, and Nadire Shima from 9.12.1975. Court costs are charged to the defendants. This decision can be appealed in the High Court within 5 days from the day after the announcement.
It was announced today on dt. 31.1.1977
CHAIRMAN Alex Varfi
This decision was appealed by all defendants and the acts were sent to the High Court for review.
NOTE: The High Court in the second instance with decision No. 51 dated 19.2.1977 has decided: Leaving this decision in force. This decision for the defendants Refat Daja and Nuri Allmuça will not be executed before the review by the Presidium of the People’s Assembly of their request for pardon, which they have the right to send to him pursuant to Article 349 of K. Pr. P. Tirana on 28.2.1977. /Memorie.al
K / Secretary of the Court
(Ruko Sako)
