REPUBLIKA E SHQIPËRISË
KOMITETI I PAJTIMIT MBARËKOMBËTAR
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ANNUAL WORK ANALYSIS OF COMMITTEE OF NATIONWIDE RECONCILIATION FOR 2014
2014 Annual Analysis
THE REPORT OF RECONCILIATION EXPEDITION JANUARY- DECEMBER 2014 .
The representative of Muslim girls and women hailing Congress REPORT:
This report is prepared and presented for the main issues in the Fifth Extraordinary Congress of the reconciliation associations and missionaries, on September 13 2014, on the occasion of the arrival of Holy Father, Pope Francis, in Albania. At this Congress there was approved the letter of the chairman of the Committee of Nationwide Reconciliation, Mr. Gjin Marku, sent to Holy Father on 7th of July 2014, which was presented for recognition and consideration to the European Court of Human Rights, European Parliament and Commission, Assembly of United Nations, Prime-Ministers of member states of UN. The extraordinary congress decided to approve this report with the final details in the annual analysis of reconciliation missionaries and associations, on December 24 2014 on Christmas Eve and to publish it in the official website of the Committee of Nationwide Reconciliation, www.pajtimi.com, due January 10 2015.
Unlike the previous government that lost the elections on 23rd of June 2013 due to corruption, relations to organized crime and the hidden structures of terrorism, the new government called the Government of National Renaissance, has established a direct cooperation with the Committee of Nationwide Reconciliation through the Prime-minister office, Interior Ministry, Ministry of Foreign Affairs, Ministry of Education, Ministry of Youth and Social Welfare as well as the General Directory of State Police. Also during 2014 there is reinforced the cooperation of the international factor with the CNR which was damaged from the previous government and the organized crime because of the critics and the denunciation that CNR did to the Hague Court for the criminal actions of the government, the secret trafficking of weapons and the inciting of terror actions during 1992-1997 and 2005-2008. The cooperation of the interior and international factors with the Committee of Nationwide Reconciliation has been really important for the prevention of killings. This cooperation from 1997 to 2007 made possible the reduction of the number of killings from 400-600 per year to 70-80 per year. The interruption of this cooperation from 2005 to 2013 resulted in doubling of the number of homicides in general, and the increasing of women killings and domestic violence being shown as terror acts like beheading and cutting women limbs. The process of education in schools and the inciting of students toward violence brought wounding and killings also within the school, the increasing of the use of narcotic substances, the trafficking of humans, weapons and explosives. Albanian government from 2005 to 2008 abandoned the reconciliation process and the cooperation with CNR because it was associated to hidden segments and structures of organized crime and terror, connections that Committee of Nationwide Reconciliation had made public. This government revenged on the CNR also because in 1997 the representatives of the Committee in North stopped the families from sending their sons to fight against the citizens protesting in South who were asking for the fall of this government associated to organized crime and pyramid companies.
Thanks to the cooperation and change of government in 2014, the prevention of the killings has been in a better level. The improvement of the work of police in community and the level of the education in schools, the cooperation in the reconciliation process and the prevention of killings has made possible that the death toll due to enmity is 25% less, the rate of suicides because of enmity is 50% less and the rate of beatings and injuries that bring enmity is 41% less. Also the number of cases of violence and murders against women because of honor is two times less than in 2012 and 2013. In total the number of killings is 16% less, of suicides 12% less, of injuries 19% less. The Interior Ministry and State Police have supported the Committee of Nationwide Reconciliation for the intervention and protection of the families in enmity in and out of Albania, especially in the particular cases when their life is in danger and they need legal protection. The cooperation aimed in three directions: 1- the protection of human rights, especially the right of life of the families that emigrate because of enmity; 2- the support of state of rule and law; 3- the spreading of law culture. The closest cooperation has been with the Holy See of Pope Francis and with most important international organizations like UN, OSBE, European Council, representatives of western governments and eigration offices from USA, Australia, Canada, New Zeeland, United Kingdom, Germany, France, Sweden, Austria, Switzerland, Belgium, Luxemburg, Denmark, Norway etc. The emigration of the families included in enmity has been an important contribution for the reduction of the number of killings for revenge.
THE PROTECTION OF THE RIGHT TO LIFE
At the request of the Ministry of Foreign Affairs, the Committee of Nationwide Reconciliation in 2014 made it possible for UN to have a more detailed and explicit report for the human rights in Albania particularly the right to life. The report was requested by the Ministry of Foreign affairs from the Committee of Nationwide Reconciliation on 20th of December 2013 and handed over to UN in February 2014 for the next meeting of the Committee of Human Rights in Geneva. In the meetings that CNR has had with the representatives of UN office in Tirana over the Albanian families that are in high risk of life, it is decided that UN will support the particular cases through UNHCR in western countries. In addition to the contacts and cooperation with UN, CNR has established connection and found the support of Holy See and Pope Francis, enabling the Catholic churches of western countries to be protector of many Albanian families in western countries. The speech of Pope Francis in European Parliament for the protection of life and the rights of emigrants because they are a good contribution and not a bad one for Europe is warmly welcomed by Albanian people , especially by the Albanian families in emigration.
LEGAL PROTECTION OF LIFE
Although the Albanian Constitution, in Article 21 states that the right to life is protected by law, the social killings and the isolation of Albanian families because of the fear of revenge and blood feud against the law and even Kanun , remain a concern for the Albanian society and the new government that has explicit goals for the integration of Albania in EU but does not have the support of the opposition within the country and faces a deep economic crisis. Albanian Parliament has approved the law for the removal of death penalty but it has institutionalized the notion of blood feud in the penal code in contrary to the opinion of the Committee of Nationwide Reconciliation. CNR and its missionaries have repeatedly stated that the abolition of death penalty is an European innovation and should be applied, but pro-government medias during 2005-2013, published surveys showing that 92% of Albanians, including also the deputies of majority and ministers, called it unfair the abolition of death penalty. Although the killings in Albania are committed under a mental, psychological and spiritual degradation, invaded by the feeling of revenge and barbaric self-justice and also by a warped mentality of Kanun, Albanian parliament has introduced them in the category of killings for blood feud in complete contradiction with the Kanun notion, nature and procedure of blood feud. Parliament majority and the governors of 2005-2013 have been related to a network of criminal individuals that have crated pseudo-associations, pseud-missions and pseudo-institutions for “reconciliation” and “intervention” for funding profits from the International Community. For profiting aims they insistently sought for the institutionalization of blood feud notion in the contemporary European penal code. The propaganda in media and in Albanian Parliament that the killings of women and children as well as the terror actions are Kanun killings , have warped the Kanun mentality and incited these barbaric killings that do not belong to the Albanian Kanun blood feud. The conflicts brought by these barbaric killings under the warped Kanun mentality are mainly for the land, property, honor, divorce, arranged engagements, instant conflict, insults etc, which Albanian Kanun had solved by reconciliation and not killings. Despite the improvement of the police work, even during 2014, Albanian state has failed to take concrete steps to guarantee the right to life and does not have any financial and legal opportunity to guarantee the life of citizens. Besides the improvement of the police work, the government during 2014 has asked to reform the justice system, but even though this reform is going toward implementation, our country needs a long time to fully guarantee the life of citizens. The change of this situations requires substantial support from European Union.
Albanian state police is making great efforts to prevent crime of all kinds. The cooperation of Police with community and the Committee of Nationwide Reconciliation has made possible that its missions for the prevention of crime and implementation of law find the support of citizens. There is a great engagement in all the structures of police to assist the citizens in the legal solutions of enmity cases but this has been impossible because the killings for revenge are suddenly committed and under secret planning that cannot be controlled by police. The police missions have action density and high intensity and sometimes the interests of many citizens are damaged, but the police officers have made maximum efforts to respect the human rights, avoid unnecessary procedures and illegal interventions in the life of citizens. The police does not operate but cooperate with the structures of committee in cases of conflicts that bring enmity in order to not aggravate the situation but to find a peaceful solution. The General Directory of Police and also the directories of the districts that have cooperated with CNR for the protection of the families in enmity, in and out of Albania, especially in particular cases when their life is in danger and they need legal protection to the emigration offices. This cooperation remains necessary because with all the achievements made so far, the police cannot prevent many killings, especially the ones for conflicts and open or hidden enmities. The General Directory of Police and police stations in the districts often face diverse crime without the proper logistical and financial means. Reconciliation expeditions have consisted that there is an increasing of the number of women and girls that work in police, but there is also noticed that not all the women and girls who work as police officers can afford the duty physically. During the public activities there are sometimes seen girls with police uniform who faint as a result of the lack of resistance. This is caused by the low wages that do not guarantee the minimum requirements necessary for the daily food. The Committee of Nationwide Reconciliation has asked and continue to ask the European Commission to invest in Albania in increasing the salaries of Albanian police and other means that support the work of this police. European Commission should support the reconciliation process of the families according to the strategy of CNR and guarantee all the Albanian families who emigrate because they constitute a complete insignificant number compared to the number of the emigrants from the other nations who enter Europe.
MIGRATION DUE TO RISK TO LIFE
Despite the good work and all the great efforts of police and the new government for the prevention of killings, the reconciliation expeditions have consisted that there is a lot to be done in terms of cooperation in order to face the warped mentality and the streams that incite the killings for revenge and blood feud with barbaric actions of terror, that do not belong to Albanian culture. Killings in Albania during these 25 years of transition happen under a warped Kanun mentality, with barbaric and tragic shows of revenge, through terror and humiliation acts, including women and children, violating every Kanun norm of blood feud. Unfortunately, many western countries have removed Albania from the list of unsafe countries even though they have seen that Albanian state has it impossible to take in protection the Albanian families involved in enmity because of killings, female trafficking, property violation, land boundaries, honor, instant conflicts, violence against women, jealousy, infidelity, hidden love relationships, debts, beatings, water sources etc. Western community has given an important contribution but during the last two-three years, because of crisis and increasing of asylum seekers from eastern countries, the pressure and refusal of requests of endangered Albanian families have increased, even though their number is completely insignificant compared to the emigrants of other countries. During 2014 there are killed more Albanians deported from western countries compared to previous years. On 22nd of June 2014, Saimir Ziza who has been isolated before and after the deportation for the killing done by his mental ill and life imprisoned brother, was killed. The mother of Saimir Ziza had informed several times the international community and the western countries for the life danger of the son that was deported in Albania. Likewise, the minor ,Fitim Krasniqi 15 years old, was killed one day after the deportation in the school yard while he was greeting his childhood friends who had not seen for a long time. In Eastern eve, 39-years old Gentian Peta who was being deported after three years living in west, jumped desperately from the ferry in front of dozens of witnesses and disappeared under the water of sea. During these days two other persons were killed in Shkodra right after it was found out that they had returned from emigration. As it was made known to the Holy See and Pope Francis, in the letter of 7th of July 2014, dozens of Albanian families are innocently imprisoned for 4 month in order for their three-month period of staying to pass and to be deprived of the right to move in Schengen countries. Albanians who immigrate to western countries are not only an insignificant number but also a model of good behavior in the countries where they go.
THE MISUSE AND DEFORMATION OF KANUN UNDER THE INFLUENCE OF ORGANIZED CRIME AND HIDDEN STRUCTURES OF TERRORISM
Kanun is misinterpreted and deformed and thus bringing tragic killings of about 11 000 Albanians. This has happened under the influence of organized crime and hidden structures of terrorism as well as the irresponsibility of State and International Community leaders during these 25 years. The strategy of CNR for the promotion of law culture, cohabitation, gender equality and support of state of rule and law through tradition, is not supported and even abandoned. Secret structures of terrorism connected to organized crime work against the reconciliation process and the strategy of Committee of Nationwide Reconciliation for peace. These secret structures are also connected to rogue individuals who appear in public and internet as representatives of “Reconciliation” “missions” or “institutions, with names like “House of Justice” ,“House of Peace” and “National Reconciliation”. They have also penetrated to the families in enmity to encourage the children to isolate and to incite the families in enmity to kill each other. Often these rouge and incriminated individuals for profiting aims penetrate to reconciliation activities to take pictures and videos to publish them in internet and thus deceiving the offices of uninformed governors and the ombudsman in order to make activities together and connect cooperation memorandums that are transformed to a cruel farce of benefiting at the expense of families in enmity. From 2005 to 2013 there are given 76 million Euros for the families in enmity that are obtained by fraudulent individuals and not a single penny is given to the families in enmity. The funds continue to be given without vigilance and in a corrupted way from the donors of western and Islamic countries. These funds are used by those fraudulent persons to build personal houses called “House of Peace”, “House of Justice”, “National Reconciliation”, “Mother Teresa House”, reconciliation mission “Mother Teresa” etc. that cheat and have no connection to reconciliation process. Many families in enmity as well as western and native journalist have been victims of these fraudulent persons. These fraudulent individuals connected to organized crime propagate in media that acts of terror and the killings of women, girls, children or their isolation are results of Kanun, justifying and diabolically inciting the killings and isolations which are completely unacceptable by Kanun tradition. The reconciliation expedition has made possible through its work during these last three year to clarify the families in enmity that by isolation of women and children they do not respect Kanun but are in contradiction with it. The 5th Extraordinary Congress emphasized that these dark structures have made possible that even the funds of European Union for the prevention of killings and the rehabilitation of families in enmity, do not go to destination. This corrupted and criminal activity that aims the obtaining of donations so they cannot go for the reconciliation process, is a support of streams that incite killings and terrorism. The Committee of Nationwide Reconciliation has insisted that every donor and businessman that donate money should contact directly with the families in need and open their own bank account. In 2008 , 4800 Euros were offered to CNR for Prenga family. As in other cases CNR refused the transfer of this fund to the account of the Committee and required the transfer of the fund only to Prenga family ,transferring 100 euros every month directly in their account. Prenga family is the only Albanian family in enmity that still continue to receive this fund, while all the other isolated families have never received this help even though from 2005 to 2009 there has been donated an amount of 8-9 Euros each year for each of the families. This practice of concealment and adoption of these funds, avoiding the cooperation with CNR, has started since 2004 after the refusal that CNR made to the donation of 5 million Euros from the first lady and Financial Ministry for the establishment of the isolation center for children in Polican. The Committee required this fund to be transferred straight to the families in need and that state should not establish centers that promote the isolation of women and children by state itself, which is totally in contradiction with law and Kanun. The establishment of Polican center for the children in isolation intended the possession of this fund of 5 million Euros from the initiation of the project related to these network of individuals incriminated in fraud and fund possessions, who had signed cooperation acts with the ombudsman and take references from ministers in order create credibility to donors. Fix Fare show of the prestigious TV channel Top Channel is investigating over the possession of 76 million Euros on behalf of the isolated families from this criminal network from 1995 to 2013. Unfortunately the first ladies and the ombudsman from 2005 to 213 have been part of the cooperation with these groups and individuals incriminated in the possession of these funds by linking with them memorandum of cooperation, not being aware that by these cooperative memorandum they have deceived the donors, public opinion, families in enmity and the diplomatic representatives in Albania. The list of individuals who have made a cooperation act with the ombudsman has no connection to the factors that work on the reconciliation process of the families in enmity. It is a list of names of the network that have no connection with the reconciliation process but receive donations from the international community and native businesses on behalf of these families without sending any monetary contribution to them. This is a masked network, connected to organized crime and secret structures of terrorism that were also part of state police who have invested to abandon the work of CNR in reconciliation process in order to make false allegations and ruin the image of the Committee and its chairman.
THE 5TH EXTRAORDINARY CONGRESS OF RECONCILIATION MISSIONARIES
Each year the Committee of Nationwide Reconciliation organizes the reconciliation expedition in all the country districts, to approach the reconciliation dialogue among the families in enmity and prevent the killings, spreading the culture of law and life against self-justice and hatred. The expedition functions by annual, monthly and short-term plans on the eve of religious celebrations and other national events. It is organized on volunteer bases without any support from the state or donors. Expedition mobilizes the permanent work groups of CNR in villages, leaded by a missionary, representative of school and the representative of local power. These volunteering groups of committee in 2800 villages compose the national assembly of reconciliation missionaries. The representatives of assembly gather three times per year under the leading of the Committee of Nationwide Reconciliation. This has become a traditional and active structure in all the villages, 300 communes and 60 local municipalities. The structures in terrain are supported by the main mobile staff, leaded by representatives of the headship of CNR. The main mobile staff is composed by 3 to 11 members or 11 to 24 main activists. During key moments the number of missionaries of supporting groups of this staff goes from 24 to 60, mainly in north of Albania. The news published in June about the arrival of Saint Father in Albania increased the intensity of the expedition work launched in January of 2014 and the mobilization of reconciliation missionaries and work groups of committee in all the villages, towns and country districts. On the proposal of muslim activists of CNR from Postrriba. Malesia e Madhe and also the district of Kukes, Dibra, Shkodra and Gjirokastra, the committee called the 5th extraordinary Congress of reconciliation missionaries and associations on 13th of September 2014, one week before the arrival of Pope Francis in Tirana. The participation in congress of reconciliation missionaries with a Muslim majority under the leadership of the forum of Albanian Muslim women, was not only a hospitable traditional message for Pope Francis but also a mission of CNR in front of the world opinion whose attention was toward the Pope’s visit. The congress was done voluntarily like any other activity with the funds of the Committee of Nationwide Reconciliation, without any support from the donors of Albanian state but it had the spiritual support of all the people.
UNCONDITIONAL RELEASE OF ISOLATED WOMEN AND CHILDREN
The expedition has continued to make ongoing meetings with the families in enmity for the unconditional release of isolated women and children, explaining to the family of the victims that they cannot take revenge, threat or hurt the women and the children of the killer since it is a violation not only of their rights but also of law and Kanun. Most of the families of the victims have declared in front of the representatives of the committee that they do not want self-justice but justice and that they will obey to the committee not to hurt women and children from the family of the killer. During the last three years when the reconciliation expeditions were engaged with the unconditional release of isolated women and children, persuading the parties in enmity that Kanun does not allow the confinement of women and children, the organized crime opposed the expedition by declaring to the families that CNR does not guarantee the life of children and neither the state can protect them and telling the families to stay in confinement because there will be aid provided by international organizations. Certain segments of politics and government connected to this organized crime network began the scenarios to abandon the expedition by slanders and false allegations to prosecutor and media. CNR did not surrender in its efforts to find the support al all the missionaries. Thanks to the work of the expedition and strategy of CNR for the promotion of law culture and gender equality as national equality ran for three years the dialogue with the families of the victims, persuading them over the importance of unconditional relase of women and children from confinement. From 900 confined children in 2012, the expedition made possible the reduction of the number to 509 in 2013 and 159 at the end of 2014. Today there are only 68 isolated children and 91 others hidden who cannot go to school because of the fear of killing for revenge. In 2014 it was made possible for 341 children of the families in enmity to go to school, 65% of whom have gone to schools inside the country and 35% to those of western countries where the Committee has made possible the accommodation of these families. Unfortunately, despite the good work that committee and its missionaries are doing, the international factor and Albanian state have not given the proper support. Neither the government, nor the European Commission, nor USAID or western embassies have funded the work of reconciliation expeditions, giving the impression to people that they have no interest in the reconciliation of the families in enmity.
BLOOD FEUD NOTION AS A WRONG NOTION IN PENAL CODE
As a concerning aspect for the reconciliation expedition remains the consolidation of blood feud term as a notion of the Penal Code of Republic of Albania. In contradiction to the opinion of CNR this term was imposed to parliament for approval through a mafia pressure on behalf of European Commission, exactly from the networks connected with the ombudsman that benefit from the funds on behalf of the families in enmity. After the approval by the parliament of the law that institutionalize the blood feud notion in penal code, declaring a maximum sentence for blood feud, the barbaric killings were increased. The reconciliation expedition asked CNR to send to the constitution court or the new parliament the proposal for the removal from the penal code of blood feud term since this term does not comply with the barbaric killings of revenge and terror, but they are self-justice actions under a mental and psychological degradation of the person that takes revenge according to the warped Kanun mentality, deliberately misinterpreted from the criminal networks. Blood feud term is a term of stateless society. This term belongs neither to the penal code of actual Albanian state, nor the legal notions of justice state, nor the social democratic organization that is becoming part of United Europe. This notion is used as an alibi of the killings and terror actions incited even by payment from the organized crime. The fact that after the consolidation of this term the killings by payment, domestic violence and terror actions were increased, clearly demonstrated the lack of foresight of the parliamentarians in taking this decision. This parliament decision incites the blood feud because it accepts, promotes and legalizes it a an institution, inciting the warped mentality of Kanun and the so far barbaric practice of this blood feud. The treatment from both the media and the intellectual sphere of the blood feud notion has been totally wrong. Medias and western scholars often refer to the outstanding writer Ismail Kadare that has treated the blood feud phenomenon in the artistic book “Broken April”. In this novel , blood feud is treated with the exotic ,attractive apparel of the artistic and literary description of the author without paying attention to the rules of Kanun for taking blood through decisions taken according to the hierarchy in the family, clan, village etc. and not by self-justice. Decision-making was often biased to forgiveness, being proposed from the lowest hierarchy that was family to the highest ones like Bajraku , head of the Mountains etc. Family could not take any decision for blood feud without the approval of the clan or the village which were obligated to be consulted. Another treatment of the writer Ismail Kadre is also made through the literary essay named “Hamleti princ I veshtire”, which is made the target of the worldwide debates that wanted to consider the revenge (blood feud) of Hamlet as an Albanian blood feud. With reason the professor Krisot Frasheri has opposed this connection of Hamlet revenge (blood feud) with the Albanian blood feud stating that Albanian blood feud is not applied within the blood, the family. Prof. Kristo Frasheri rightly explains that Albanian blood feud is applied when there is no state and not within the state but wrongly calls it self-judgment. Albanian blood feud is not self-justice but the death penalty of a person according to a decision-making based on the judgment that has passed all the steps of Kanun hierarchy. Self-judgment is not blood feud but a barbaric act sentenced in all the Kanun periods and that today should be severely punished as a self-judgment and not blood feud. Under the Kanun governance, if someone applied self-justice, he did not take blood but had fallen in blood-feud. Self-justice killing was seen as a criminal killing and not as a blood feud act. Blood feud act according to the decision and judgment of the above mentioned hierarchies, applied with all the procedures and the ethics of its execution, was not punished but praised. Given this practice of Albanian tradition, Committee of Nationwide Reconciliation has considered the massive killings after the fall of communism as a violation of all the Kanun rules of blood feud. Kanun would not accept any of these killings as blood feud and would punish every threat and confinement of women and children who are forced to self-isolate from the fear of barbaric acts against them like in many cases. Kanun would not allow and severely punished the violence against women from the husband or father, while there have been committed many of such killings. Kanun punished every killing that happened for revenge and blood feud without the case being surveyed by the elders. It is in the interest of the secret structures of organized crime and terrorism that the barbaric killings for revenge and the confinement of women and children be considered as Kanun obligations.
THE INSTITUTION OF OMBUDSMAN AS A FARCE IN THE DAMAGE OF THE FAMILIES IN ENMITY
The institution of ombudsman has never expressed support for the concerns of CNR for the abandonment that is happening to the reconciliation process and the strategy of this committee for the spreading of law culture. Also the promotion of the committee for the prohibition of the placement of blood feud notion in the penal code and abuses with the funds of the families in enmity, did not have the public support of ombudsman. In contrary the ombudsman has signed cooperation memorandums precisely with the individuals that have established “reconciliation” pseudo-associations, pseudo-missions and pseudo-institutions, without no connection to the reconciliation process and incriminated in the affairs of withdrawal of funds on behalf of confined families. International institutions have fallen victims of the list of the ombudsman over these cooperation lists, giving funds to these incriminated individuals who have never sent any fund to the families in enmity. In November the ombudsman presented a report over the blood feud in the law commission, under the parliamentary commission of human rights. The report contains the data published by CNR three years ago, without any reference to the committee as a source, at a time when these data have changed for 2014. In the report presented for the parliamentary commission, the Ombudsman referred to the painful event of Qelez village in Puka where two brothers were killed and three women and a child were injured by their neighbors because of the conflict over the common path. In the report of ombudsman was not mentioned any word over the work of the Committee of Nationwide Reconciliation that had immediate contact with the victim families as in hundreds of cases going to the scene and preventing further bloodshed from the revenge of the victims clan. For the case in question, the Committee within the year has rehabilitated the families of these victims and the other part. The findings and recommendations of ombudsman for this case were refused by Police and Prosecutor because they did not present the real situation and solution like CNR did. The institution of ombudsman should be a credible institution and cooperative with the proper factor of civil society. The ombudsman should go in terrain to all the families in enmity like Committee does, even though it doesn’t have any budget like the ombudsman, and should not be linked to the fraudulent individuals and networks to benefit from the donations on behalf of the families in enmity, an act that is an unhuman farce that is being used for years,hindering the reconciliation process and the integration of the country in European Union.
Tirana, 24th of December 2014