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Conclusion of reconciliation expedition 2013

Konkluzionet e ekspedites se Pajtimit 2013

 

First part Rapport of Reconcilation Expedition 2012

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False allegation of Police against CNR and Gjin Marku

:: Kosova

Bashkejetesa Shqiptaro-Serbe

Albanian-Serb Cohabitation

20 Mars- 20 Maj 2011
Raport i Ekspedites per OSBE/ODIR

20 March- 20 May 2011
Report of Reconcilation Expedition 2011



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20 Maj- 8 Korrik 2005
Ekspeditë e Misionarëve

May 20 - July 8 2005
Expedition of Missionaries

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Intelektuali i Kombit


COMMITTEE OF NATIONWIDE RECONCILIATION
Adresa: Rr. "M. Muça" Pall. 46 Ap. 23 Tirane Albania
Tel & Fax: 00355 4 263 126. Tel: 00355 4 259 124 / Mobile: 068 27 37 989
E-mail: gjin_marku@yahoo.com / gjin_marku@pajtimi.com Web: www.pajtimi.com


Nr. 1/ 11 prot. Tirana on November. 01.2007

ABOUT THE FLAGRANT VIOLATIONS OF HUMAN RIGHTS, ESPECIALY OF RIGHTS OF THE LIFE IN ALBANIA.


TO: Mr. Thomas HAMMARBERG
Commissioner for Human Rights in Council of Europe

Dear Mr. Thomas HAMMARBERG.

Please accept our highest considerations and the best regards for contribute you are giving to the Albanian people. We are presenting to You a short report on the blood feud phenomenon and the privation of the Right for Life in Albania


Our main concern is that in Albania there is no necessary assistance by Albanian government, police, courts or international organizations for the blood feud phenomenon or protection of individuals and their families endangered by murders.

In the conditions of a missing trust in Albanian state and institutions, the situation is chaotic; crime and self-justice are present in every moment of citizens' life. In the absence of state structures and the traditional hierarchy, negative phenomena appeared which fed the crime. Violation of family, honor and human life, women, drugs and weapons trafficking, invasion and robbery of properties, smuggling, corruption and illegal businesses spread in the entire Albanian territory inciting murders for blood feud and revenge in the North and the South. This has brought about the ruin of thousands of individuals' lives and the confinement of thousands of innocent families. Taking of weapons ands the appearance of the customary law of blood feud came because of abandoned citizens and unprotected by the state. Unfortunately, the murders are very tragic. Differently from the Kanun time, they have a bandit, revengeful character. In most of the cases, they are carried out unjustly under the revenge psychology, contrary to Kanun, violating women and children's rights, which were protected more than in the civilized countries by Albanian customary tradition. Until now, Albanian state and its institutions have no legal basis or necessary means to take under protection or assist these families. The only ones who assist are the reconciliation missionaries that are led by humanitarian feelings for the reconciliation of families that are in blood feud and the voluntary working groups of Nationwide Reconciliation Committee. Reconciliation Committee and missionaries have not been supported either by factors inside Albania or by international community.

In these 17 years, life of 9 500 Albanians have been taken with self-justice. Over 20 000 families were involved in sharp conflicts causing most of them to confine themselves. These families' children have abandoned school and have been confined for years inside the house, without being able to meet their friends and the relatives even for a moment. Even though the state laws exist still they are not being recognized and observed by the citizens, because they do not consider these laws as for their own good, but as laws that support only the interests of the political groups. Laws have been drafted to adapt to the electoral interests. They are prepared and adopted without citizens' participation and without community cooperation. Drafting of laws served the politicians to place party, clan or personal interests above society. An example of adopting laws to electoral interest, which brought grave consequences for the people, is law 7501 'On the Ownership of Land', adopted with the consensus of the two big parties at the beginning of transition. In most of Albania's territory this law has not been accepted, and implemented. In the areas where it has been implemented, it has brought about conflicts causing murderers even among families with blood relations. Only in Bushati, Commune and some villages of Shkoder, 1600 families with tribe relations do not communicate with each other and do not exchange visits because of disagreements on land. This enmity includes 25 000 families in a country scale. At present the political parties have decided to freeze the further implementation of this law, which is bringing up a new confusion and new conflicts. The same experience is being faced up with mostly all the other laws approved by the Albanian Parliament. We can mention here the Law of the State Commission on the Properties; the Laws on the Trade Market; the Law on the legalizations of the illegal constructions, etc.

The main source of disorganization of the society, the spread of corruption, conflicts and of crimes of every kind are the result of the inappropriate laws and the lack of trust in state. The compiled bills have served only to the political groups, to disguise of the actual situation and to the tendency for justification to the international organizations. In the civil and penal code there are 21 laws and 73 articles that lead people toward and give space to self-justice. In the Parliamentary Laws Commission continues the presentation of inappropriate draft-laws also for the murders for revenge and blood feud, started for personal profiting aims by individuals and donors that do not know the situation. These draft-laws are deficient, do not get down to brass tacks of the phenomenon and favor the criminals, violators of property and family, murderers, women and children traffickers, and incite corruption in justice system. Albanian Parliament should ameliorate the laws against the murder crimes, family and property violations, and human beings trafficking, and based on these ameliorations, it should reform the law on blood feud.

In Albanian society, return of the authority of the law will be a long and very difficult process, because people suffer under the extreme poverty stress, absence of elementary services and life security. Most of citizens have lost hopes for the future; they carry out an apathetic, inert life. 120 000 youngers are unemployed. Unemployment reaches the highest figures in eastern countries. Not finding a way out, they have embraced the way of crime; 30 000 of women are obliged to work on European streets as prostitutes. More then 20 000 children work in black to feed themselves and their families. The governments have not encouraged, but they have even hindered market development and local production activity, by giving access to the foreign market, which is bringing in Albania only inappropriate and unhealthy products, endangering the health of the citizens. Forests, productive land and agricultural infrastructure have been destroyed. Seeing the chaotic situation of distrust in law, after 1997-98 Nationwide Reconciliation Committee, drafted a strategy on prevention of murders for revenge and blood feud, based on positive traditions in order to support the rule of law. Unfortunately, we found lack of cooperation and abandonment of this strategy by structures in government staff. Enmities for honour and trafficking issues of women have affected 4600 families. A good part of the latter conceals the enmity because of daughter and family honour protection, and they wait for the proper occasion to revenge.

Likewise, in this deep social crisis, suicides and murders within families have taken concerning dimensions, bringing tragic acts in couples and even children. Albania has become the country with the highest number of suicides and crimes inside the family. In Tirana District Court, more 10 family conflicts are judged every day, which leave trauma, especially in children. Unfortunately, there is no fair and useful law in this aspect, which could define preliminary cooperation hearings with reconciliation institutions, as the tradition was. The 21 laws and 73 articles of the Civil and Criminal Code should be rewritten together with the Procedural Code because their current state favours wrongdoers' activity and corruption in justice leaving room for murders, revenge and blood feud. In an absurd way the new Civil o Code of the Family gives way to the marriages of the first cousins, which is against with the Albanian opinion. This is because the laws of the foreign countries have been copied paragraph by paragraph without any consultation for the adaptation in the conditions of Albania with the serious structures of the civil society. In the counter of this Albanian governments have not allowed the abandonment of the laws which punishes up to 3 years imprisonment girls and women dealing with prostitution. This law has favoured the hidden activity of the tutors over the women and girls. 20% of the girls students due to extreme poverty are victims of such dealings.

Nationwide Reconciliation Committee has required International Organizations as well as the Ministry of Interior cooperation for human rights, for common protection of Albanian emigrants that flee the country because of being in danger from the blood feud and seek asylum in western countries.

In 2003 until 2006, 1270 men resulted to have fled the country to conceal from the enemy. Thanks to the protection of the Commissions and the Courts of the western countries most of them have joined their families because they have taken asylum right. Nationwide Reconciliation Committee many times has sent these families' cases to Strasburg Court, but their protection has been damaged by Albanian government with its signing of repatriation agreement for emigrants who have not gained asylum right. Western countries courts are under a constant pressure for Albania asylum seekers issue even though in the European Parliament has been required by the members of parliaments of the western countries to review this agreement with Albanian Government. Because of the unjust action of western countries, hundreds of Albanian emigrant families have been damaged. On the other hand those people are forced to hide and look for black work or they take the way of criminality. There are hundreds of cases when the Western media film police celebrating with champagne after Albanians deportation, whereas no western country would allow the violation of their citizens' elementary rights. On the 6th of September 2005, European parliamentarians presented to European Commission the difficult situation that Albanian society is facing stressing that illegal emigrants repatriation will aggravate the situation further. Again, in this year's resolution, this parliament required from this commission to support Albania in eliminating blood feud phenomenon and protect the rights of Albanian asylum seekers who fear to return to the country of origin.

The Committee required continuously the combination of the activity of reconciliation missionaries and representatives of the state, police and intellectuals, because we give thus the leading role and the necessary authority to the law, but we have not been supported by either the state or the international organisations. The only ones who have supported us in the reconciliation process have been some police managers. But police cannot operate in cases of blood feud because it aggravates the conflict more. There have been many cases when police intervention has increased the bloodshed or the police officer himself has remained killed. Albanian and International Interpol gave a good example of cooperation with Committee of Nationwide Reconciliation in finding trafficked girls, which have become object of blood feud among Albanian families. Due to their work, 620 families of trafficked girls are negotiating to close the case with no blood feud and not making it public, accepting the return of the daughter to the family. 340 deceived girls have returned to their families, 78 have married their pimp and continue the normal life in their country. Prosecutions and the courts in this difficult and very necessary fight for cooperation of all institutions have been trying to support the police and the missionaries in such issues, but they have not established the legal base for this cooperation.

Often it happens that the criminals have been released by the prosecution and the court, this due to the lack of evidence or of the basic laws, but on the other hand this has caused the reaction of the victim's party by aggravating the blood feud execution of the perpetrator or his family members. Over 300 individuals have been executed as soon as they have come out of prison because of ridiculous sentences or release with other forms. People consider unjust the law that punishes 25 years to life imprisonment the murder of a criminal for the blood feud, when at the same time this criminal is being free even though he has committed a macabre crime. International community gave funds to eliminate this tragic phenomenon, but they did not serve the purpose and they have been distributed with no criteria or the needed vigilance. Two monthly expeditions that we organised on Christmas and Easter occasion found out that none of the families in conflict or confined by blood feud knows the projects drafted in their name. These projects are drafted according to the formats defined by donors' staffs without knowing the conflicts situation, without adapting them to the ways that influence the mentality, culture and psychology of groups in need. This gave room to funds embezzlement and abuse, serving more to corruption. For these abuses, Nationwide Reconciliation Committee required from Albanian Government and the President of the Republic to receive the necessary information about destination of funds given for the elimination murders for blood feud and revenge in Albania. Police has been the only institution to make efforts to help solve the conflicts and prevent murders. However, they cannot intervene without having a reporting. If a family in enmity reports that they are threatened, it deepens the conflict more and interrupts the reconciliation possibility in the future. Families, who threaten for blood feud, do it in sophisticated forms leaving no evidence. Example: Victim's family or relatives do not declare that they will commit blood feud but they say that they will never forgive. Albanian parliament and political tables have considered this phenomenon a difficult issue to be handled by the state. Stay of individuals or families involved in blood feud in Albania endangers their life in every moment. They are obliged to confine themselves or leave Albania. When the family in blood feud confines or flees the country, the tension of the damaged party, requiring to revenge, abates. Police has a general directorate, an Interior Ministry, and its offices in 16 regions. Regions have police stations in every district. There are police stations in the 32 districts of Albania, but lack of roads infrastructure, electric power and other necessary means, together with the legal framework, make police ineffective in prevention of every kind of crime. Police force is mostly used now to catch main gangs of organised crime. Every citizen may appear in police and leave his reporting in writing, but most of citizens do not prefer to make a reporting. They consider that private solution of the issue is a more dignified way. Those who want to report know that this will have more dangerous consequences than silence. Police coordinates work for wanted people, but in most of the cases the plan of action discovers. The situations gets worst when the police forces are being dismissed from work and are replaced by supporters of the political parties.

A resolution listing the serious problems and concrete proposals for the Albanian Parliament, the Albanian government and the President sprung up on January 2007. This has been introduced to the representatives of the international community. During all these years, the Albanian institutions have not supported our requests for a national strategy about the prevention of self-judgment and the observation of the rule of law’s institutions. The consequences have fallen over hundreds of innocent women and children that isolate themselves because they are feared of being murdered for the crime that a relative of their family has committed. Even though a law for the mediation and establishment of a coordinative council for the prevention of murders for revenge and blood feud was made, no administrative act has been approved for its implementation. By blocking the administrative acts, its avoidance and the compilation of another law, which will be controlled by the Prime Ministry and not the Presidency, were aimed.


The Committee of Nationwide Reconciliation asked to the Commissioner for Human Rights in Council of Europe Mr. Thomas HAMMARBERG


-To present to the European Parliament, European Union, Council of Europe, and OSCE the need for a more complete support toward the democracy and the progress of reforms in Albania as well as to take under protection all the families that are enclosed or have emigrated from Albania because of blood feud, and force the Albanian state establish a national strategy in cooperation with the factors of the civil society for the privation of the revenge, blood feud, individual and family honour, murdering, etc. In considering the lack of possibility of the Albanian state and society for the solution of this issue the assistance of the international community is important.

-To encourage the member countries of EU to activate all possible potentials, for offering more projects for the protection of the human rights and support the population of the rural areas in Albania.

-To encourage the Albanian Parliament to contribute further on the improvement of the laws for the prevention of revenges, blood feud and murdering for individual and family honour.

For the Committee of Nationwide Reconciliation


Gjin MARKU
Chairman


INTRODUCTION

Committee of Nationwide Reconciliation (CNR)

The Committee of Nationwide Reconciliation, originated from reconciliation missionaries who were active since 1991, has been established in 1995. It is composed by representatives of several missions, NGO-s and the most estimated personalities of social, political and scientific life that aims common and long-term strategies for reconciliation, co-habitation and integration of the Albanians in the community of the civilized nations.

The Committee is applying the Albanian positive tradition in support of the Rule of Law for liberation of the isolated families, abandonment of the old Kanun’s norms of punishment by self-judgment and for spiritual and psychological rehabilitation of children and women traumatized from murders and isolation. Implementation of this project firstly, is being performed in north of Albania and in some districts in south, where actually this phenomenon is more problematic. The reputation of Committee of Nationwide Reconciliation and the support it has by people makes it possible to reach this goal. All associations of reconciliation have embraced the ideas, program and the strategy of the committee. The situation remains more problematic in the cities of Shkodra, Malsia e Madhe, Tropoja, Burrel, Kukes, Lezhe, Kurbin, Durres, Tirana, Lushnja, Berat. The Committee has its working groups in all the villages that are made up by three persons: school's director, representative of local power in the village and a mediator (a reconciliation missionary). The project proposal is compiled on bases of the strategic plan, approved in the First Congress of Reconciliation Missionaries, on February 26 2001, in the Common Declaration of representatives of all villages in north of Albania on June 14 2001, in the Second Congress of Reconciliation Missionaries on September 17 2004, in the Resolution of the National Meeting of Representatives of Community, Civil Society and Media about a common front with the state in the fight against crime on June 21 2006.

First Congress of Reconciliation Missionaries, February 26 2001
Approval of the strategy for the prevention of murders for revenge and blood feud and observance of the authority of state of law.

Common declaration of representatives, June 14 2001
The murder’s responsibility should fall only on the guilty person, who should be penal prosecuted by the state; women, children and drugs traffickers should be publicly denounced and isolated by the society.

Second Congress of Reconciliation Missionaries, September 17 2004
Request to all reconciliation associations and missions to coordinate their work with the state institutions, clergy and other parts of civil society for:
• Final liberation of families isolated because of threatening of blood feud
• Maximal sentence of the killer
• Stoppage of propaganda that incites the psychology of blood feud.
The Congress emphasized that restoration of Kanun’s tradition for putting order in community and blood feud is a reaction of an unprotected society where the state does not totally use its authority. Choosing the self-judgement in this reaction and avoiding the law is in opposition with both the state of law and the tradition. The Albanian tradition has never accepted the self-judgement.

Other activities
In support of its strategy CNR has also organized the following activities:
• National Conference on ‘Encouragement of the Albanian Feminist Movement against the violation, exploitation and masculinity ruling’, November 23, 2002 at Lushnja;
• Meeting with representatives of the families and villages of Nikaj-Mertur, Iballa and Dukagjin Tableland declaration of the Start of the national initiative for setting free without conditions of the fastening women and children under the care of the daughter of the President, Mrs. Rubena Moisiu, May 22, 2003 in Iballa’s Church;
• Public meeting with representatives of the civil society and state from all district’s for the public denunciation of the women, children and drugs traffickers, as the main causers of murders and tragic events’ , July 12 2003 in Sciences Academy;
• Meeting with reconciliation missionaries to declare that their work should be more concentrated on the trafficking and property conflicts as 70% of the latest murders originate from these phenomena, May 30 2004 at Shkodra.
• Second National Conference for Equal Gender (against violence, exploitation and masculine ruling): ‘Equal gender is national equality’, March 4 2005;
• 45 days Expedition of Reconciliation Missionaries, from May 20 till June 8 2005, for keeping under control the situation of conflicts, on the verge of the parliamentary elections.
• The National Meeting of Representatives of Community, Civil Society and Media about a common front with the state in the fight against crime on June 21 2006.
• Publication of the magazine “Law and Life” on January 2007.
• Prepared the Memo that the Committee of Nationwide Reconciliation sent for appealing to the International Organizations, European Court of Human Rights and the International Criminal Court: About the flagrant violations of Human Rights and the Actions against national entirety of Albanians; the necessity of sentence of crimes on the population in the events of 1997; and the requisition of measures for the prevention of murder crimes on April 14 2007


THE EDITION OF "LAW AND LIFE" MAGAZINE
The magazine "Law and Life" was edited by the Committee of Nationwide Reconciliation, to increase the city culture on law and to make the people more conscious of their actions. This magazine is addressed to every level of society. It is delivered all over the Albanian territory. Despite the specific articles this magazine has one supplement of actual law and tradition. Readers enjoyed this magazine and different businesses have supported to re-edit the editions required by the administration of the towns and representatives of the central companies.

THE WEBSITE
www.pajtimi.com
The webpage www.pajtimi.com is a contribute of www.shqiperia.com and is administrated by this company.

RELIGIOUS CO-LIVING
The committee has organized 3 appointments with the intelligent people on the promotion of the positive Albanian tradition for the religious co-living, and has edited different articles on this phenomenon in Law and life magazine as well as periodicals, authors of which were Prof. Mark Tirta, jurist Lefteri Lleshi, Prof. Sherif Delvina.

GENDER EQUALITY
The Committee of Nationwide reconciliation has treated gender equality as a national case under the motto GENDER EQUALITY, NATIONAL EQUALITY.
The edition of the conclusions of the 2nd national conference on the encouragement of the Albanian feminist force in Law and Life magazine and the seminars held with the girls and ladies from the main towns of the country gave the necessary effect on politics so that they could find interest in involving women in politics. The socialist party integrated in the forums of this party, in the last congress in 2007 over 30 % of the women.

THE ACTIVITY: "ENVIRONMENTAL PROGRAM ON THE TERRITORY OF FUSHEKRUJA"
On the 12th of September 10 o'clock in the hall of the municipality of Kruja the committee of nationwide reconciliation organized a meeting with representatives of the people regarding the bad politics of the government during the transition period because of which people had social conflicts even in destroying the environment or national heritage, in polluting the environment, taking into account the influence foreigners had in our market as well. On the engagement of all the citizens to protect life environment and our national heritage.

For the Committee of Nationwide Reconciliation


Gjin Marku
Chairman

:: Gjakmarrja / Blood Feud

Gjakmarrja ne Keshillin e Sigurimit te OKB

Blood feud in Sicurity Council of UN

Leter per
BAN KI-MOON

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Letter
to BAN KI-MOON

PDF

:: Church decree
Statement about the decree of the Catholic Church for the excommunication of citizens who commit murder for revenge and blood feud.
:: Kultura e Ligjit/ The culture of Law
Kultura e Ligjit
Raport i takimit te Komitetit te Pajtimit Mbarekombetar me perfaqesuesit e komunitetit e faktoreve te shoqerise Per Kulturen e Ligjit dhe Shtetin e se Drejtes Perballe Krimeve Kunder Jetes


The culture of Law
From the meeting of Committee of Nationwide Reconciliation with representatives of the community and social factors. About the culture of law and rule of Justice in facing crimes against human life

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Për ndryshimet politiko-shoqërore
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