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

JUNE 21 2006
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Gjergj Lezhja__________________________________Bajram Ibraj
Vice Minister of Internal Affairs_______\_____General Director of State's Police

On June 21st 2006, The Committee of Nationwide Reconciliation organized a meeting with representatives of the community, civil society and media –“For a common front with the state in the war against the crime”. Representatives of Government, State’s Police and Diplomatic Corps participated.

IN THE MEETING, IT WAS DISCUSSED ABOUT:

a- The strategy of the Committee of Nationwide Reconcilation for the prevention of murders for revenge and blood feud and the observance of the legal state’s authority.

b- The application of the positive tradition for the consolidation of the State of Rule of Law.

d- The role of state and civil society and the citizen’s commitment for the prevention of women, children and narcotics trafficking.

e- Some measures for preventing the suicides and crime within the family.

f- A more active role of jurists’ community in the public debate on law.

g- Some aspects of the violation of the inter-ethnical and inter-religious relationships.

h- The reconciliation expedition and organizative measures in terrain.

- The work of government and political majority for the return of trust of people on the state by means of observance of law and war without compromises against corruption and organized crime.
- The dedication of the Police in the fight against crime and its connections.

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Representatives of_______________________________________Gjin Marku
Diplomatic Corps_______________Chairman of Com. Nationwide Reconcilation

THE MEETING STRESSED THAT:

Albanian positive tradition for order in community is a value and an important support toward the Rule of Law. The disregard of this tradition has weakened the democracy and has obstructed the development of the society. The main source of disorganization of the society, spread of corruption, conflicts and of crimes of every kind are 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 bills 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 bills 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. For having a better view on the situations of conflicts and enmities in Albanian society, the participants of the meeting asked that by means of a resolution media, international organizations and state institutions should be informed.

THE MEETING CONFIRMED THAT:

In Albania there is no necessary assistance by Albanian government, police, courts or international organisations for the blood feud phenomenon or protection of individuals and families endangered by murders. 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 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, honour 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 civilised countries by Albanian customary tradition.
In these 15 years, life of 5000 Albanians has 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. State laws are not recognised and observed because they are not a property of the citizens. 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 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 Nënshkoder, 1600 families with tribe relations do not communicate with each other and do not exchange visits because of disagreements on land. This enmity includes 15 000 families in a country scale.
In Albanian society, return of law authority will be a long and very difficult process because we do not yet have a capable and devoted political class. Political parties do not have a strategy, ideology, or mission. Their programs are only electoral, temporary farces. Energies of political class and money of Albanian taxpayers have been spent until now only in tactics of taking or keeping the power. 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. Unemployment reaches the highest figures in eastern countries. Not finding a way out, they have embraced the way of crime; thousands of women are obliged to work on European streets as prostitutes. The governments have not encouraged, but they have even hindered market development and local production activity. 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 observe the law and support the rule of law. Unfortunately, we found lack of cooperation and abandonment of this strategy by structures in government staff. New problems have now emerged that instigate enmity and murders. The newly adopted laws for the restitution and compensation of properties and houses legalisation have brought about murders without the start of their implementation. 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, but they wait for the proper occasion to revenge.

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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, 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. Civil and Criminal Code have 21 laws and 73 articles that 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.
Nationwide Reconciliation Committee required Ministry of Interior cooperation for human rights, for common protection of Albanian emigrants that flee the country because of being in danger and seek asylum in western countries.
In 2002, 1270 men resulted to have fled the country to conceal from the enemy. Due to protection of Nationwide Reconciliation Committee most of them have joined their families because they have taken asylum right. Nationwide Reconciliation Committee 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. Some days ago Irish Court communicated to the citizen Marsel Drita and his 65 year old mother the right of asylum in Ireland, but with Irish Government right to contradict this right because of expiry of deadlines defined in the agreement that Albania Government signed with the EU. Western countries courts are under a constant pressure for Albania asylum seekers issue though European Parliament required the review of this agreement with Albanian Government. Because of the unjust action of western countries, hundreds of Albanian emigrant families have been damaged. In October last year, 4 emigration officers in Scotland entered forcefully in the house of Vuçaj family handcuffing father and son, sent outdoors the 13 year old daughter undressed and returned them to Albania. This event invaded the media of this country and caused protests of Scottish citizens but there was no reaction by our Government. Unfortunately, when the echo of this event had not gone, English police entered in the morning of the 3rd of March, this year in the house of the citizen Nadire Kaprini and took her out with no clothes together with her 5 year old son who was born in England. Though she implored them to respect her religion and wait until she dressed, they brought her to Rinas as she was, with pyjamas and handcuffed in both hands. Albanian Police in Rinas, received her with much correctness and politeness, gave her clothes and addressed her to Nationwide Reconciliation Committee to take her under protection. Unfortunately, though English police was contrary to the law, this citizen continues to wander for some months to seek a new possibility.
On the 9th of August 2005 Swedish police broke into the house of Albanian citizen Violeta Sopaj who was in a very grave health situation. 4 police officers and one nurse accompanied her, she was kept with serum all the way because of her high temperature. Her spouse and two children are in Sweden, it is a year now that she is seeking to join them clandestinely.
Tens of Swedish citizens, contrary to the law, have offered her their passport to help her pass the border though police and Swedish justice may punish them for this act. Fortunately with the help of Swedish media and human rights representatives, we raises the case of this woman up to UNO bodies and they guaranteed us that very soon she will join her children and her husband. 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. Only Albanian Government in the Balkans has signed repatriation agreement. The EU has not signed it with the other countries of the region.
We have required from Albanian parliament to pronounce for this issue, but they did not do it. 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 interve3netion 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, 430 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. 280 deceived girls have returned to their families, 23 have married their pimp and continue the normal life in their country. Prosecution and the courts in this difficult and very necessary fight for cooperation of all institutions have not supported police and missionaries. Nationwide Reconciliation Committee sometimes made public flagrant when police, with the missionaries' help, has stopped the perpetrator, but he has been released by prosecution or by the court. Release of criminals, mitigation or pardon of their punishment has brought about the reaction of the victim's party causing 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 blood feud murderer, when the criminal or his family murderer is free, or has received a ridiculous sentence. We observe that the criminal punishment margin, from the lowest to the highest, is very high and allows for abuse and material gain of judges. 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. Governments could not manage to deal with this specific problem. 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. The avenger may find these people in every corner of Albania if they try to hide in order to live a safe life in Albania. 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 information leaks.

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THE MEETING SUPPORTED:

The work of the reconciliation expedition and asked the mobilization of reconciliation missionaries and other factors of the society, as International Community for the support of the 8-months expedition which has started its activity in terrain since June 11th 2006. The 8-months expedition, apart the reconciliation activity, will verify the new conflicts caused for the land ownership and will enlighten the problems that come out by the just approved law on legalizations. This organization is based upon the experience of last year’s 2-month expedition, organized during the electoral campaign and involved 2680 missionaries in all the districts of the country. It realized that in those 60 days, only two murders were committed, opposite to 20-22 that recently are happening each month.
The expedition will have its task force, composed of representatives of local power and school’s principals, in every village and city of Albania. It started on June 11th 2006 and will end on February 21st 2007, including also the electoral campaign period.The ongoing of the expedition will be analyzed by the National Meeting of Reconciliation Missionaries with traditional leaders and noble families “About the Observance of Law and Support of Rule of Law”, which will be held on October 27-28 2006 in Tirana. In this meeting, representatives of government, high executives of Albanian state, members of European Parliament, representatives of political parties, clergy and media will participate.

THE MEETING RE-ASKED:

-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 emigrate from Albania because of blood feud, considering that the Albanian state and society are not temporarily able to find the needed means against this phenomenon, and provide life security of the families in enmity.

-To invite the member countries of EU to activate all possible potentials, for offering more projects for the population of the rural areas in Albania.

-To invite the Albanian Parliament to contribute further on the improvement of the laws in the fight against blood feud.

-To invite the Albanian prosecution, investigation and law executing organs for increasing the level of cooperation with the community and civil society for discovering, preventing and punishing the operators of organized crime.

-To invite the Justice System, to give justice and fight the compromised elements in the courts.

-To invite the Albanian Government to take the respective measures and decisions so that all the institutions of the Albanian state should have the figures of the families involved in property, trafficking and family violation conflicts and to undertake special actions for avoiding the self-judgment.

-To invite the Albanian Government for further investments on the establishment of the educative centres for the orphan and isolated children, by using the once houses of culture and other public buildings that are not being restored for being privatized.

-To invite the Ministry of Education and Sciences, to increase at a higher level the educative work in the schools, so that the children gain more complete knowledge about love, work, life, family, and the rights and obligations in a contemporaneous society.

COMMITTEE OF NATIONWIDE RECONCILIATION
Tirana on June 21, 2006.