Case N° AL/01 - FATOS NANO - ALBANIA

Resolution adopted without a vote by the Inter-Parliamentary Council at its 159th session
(Beijing, 21 September 1996)

The Inter-Parliamentary Council,

Referring to the outline of the case, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/159/11(a)-R.1), and to the resolution adopted at its 158th session (April 1996), concerning the case of Mr. Fatos Nano, of Albania,

Taking into consideration the communication from the President of the Republic of Albania, dated 6 September 1996,

Taking into consideration the communication from the Speaker of the People's Assembly of Albania, dated 9 September conveying a communication from the Minister of Justice, dated 6 September 1996 and the Deputy Director of the Prison Administration, dated 23 August 1996,

Also taking into consideration the observations and information supplied by the Speaker of the People's Assembly at the hearing held on the occasion of the 96th Inter-Parliamentary Conference (Beijing, September 1996),

Further taking into consideration the information provided by the source on 17 July and 6 September 1996,

Recalling that Mr. Nano was found guilty of falsification of official documents and embezzlement of State funds in favour of a third party in connection with emergency aid delivered by Italy to Albania in 1991; that, however, the case against the third party in question was dismissed in June 1995,

Recalling that it has consistently expressed serious doubts as to the rational nature and soundness of the judgment handed down on Mr. Nano and expressed its fear that he may have been prosecuted and sentenced solely on account of political considerations, in defiance of national and international standards of fair trial,

Recalling also its consistent concern at the combination of measures that had the effect of keeping Mr. Nano in prison, even when judicial authorities such as the President of the Cassation Court or the Prosecutor at the Appeal Court had pleaded in favour of his release on the basis of prevailing law,

Considering that, according to the source, in July 1996, communications between the Court of first instance and the Ministry of Finance indicate that Mr. Nano will be required to pay the sum of US$ 7.2 million, the amount allegedly embezzled,

Considering also that the authorities have consistently emphasized that there were no political considerations behind Mr. Nano's prosecution and that he had been convicted by three instances of independent courts; that, in his letter of 6 September 1996, the President of the Republic of Albania affirmed that Mr. Nano's case was an ordinary criminal case, first denounced in the spring of 1991 by Mr. Shane Korbeci, Minister of Foreign Trade in Mr. Nano's Government; that the file on him was completed under the Socialist Government of Yilly Bufi in the second half of 1991; that moreover, with the exception of the Socialist Party, all political groupings, including allies of the SP, had voted in favour of the lifting of Mr. Nano's immunity; that in his view, it was therefore hard to believe that political considerations prevailed in the case,

Considering consistent reports by the source, most recently in July 1996, that Mr. Nano was prevented from having regular contacts with his lawyers, that for several months and under various pretexts he was denied all access to his lawyers despite continuous demands from Mr. Nano and his lawyers to the General Directorate of Prisons and the Minister of Justice; that after the May 1996 elections Mr. Nano's wife was also refused permission to see her husband, the reason given being "reconstruction work at the prison"; that, however, since August 1996, Mr. Nano's wife and his lawyer had finally been allowed to see Mr. Nano in prison, though much more briefly,

Considering that, according to the authorities, these allegations are incorrect; that Mr. Nano's lawyer was only once prevented from meeting his client; that his wife had never been hindered from meeting her husband except in cases of alert or reconstruction work, when meetings were suspended for all prisoners; that no complaint regarding the allegations in question was made, either to the Minister of Justice or to the Prison Administration,

Considering that, reacting to the allegation from the lawyers that Mr. Nano's correspondence was being censored, the Speaker of the People's Assembly stated in his letter of 9 September 1996 and at the hearing held at the Beijing Conference, that, according to the socialist newspaper "Zeri i Popullit" N° 6 of September 1996, Mr. Nano has sent 1,100 official letters alone from prison, not to mention the number of his private letters; that interviews with him have been published almost daily and he has even been authorized to give interviews to foreign radio stations without censorship; that he had also submitted a 32­page report to the latest Congress of the Socialist Party, which re-elected him as Chairman,

Recalling that under Articles 449 and 450 of the new Code of Penal Procedure, Mr. Nano has the right to request a review of his trial, a right he has not yet exercised,

Considering that, in the opinion of the source, such a review would take a very long time and could come twice before the three instances of the judiciary; that Mr. Nano therefore hopes to be granted a presidential amnesty enabling him to submit such a request as a "free man",

Considering that, according to the Speaker of the People's Assembly, such a review generally takes several months and not years,

1. Thanks the President of the Republic of Albania for the information he provided and for his co-operation;

2. Thanks the Speaker of the People's Assembly for the information he provided and for his co-operation;

3. Also thanks the Minister of Justice and the Deputy Director of the Prison for the information provided and for their co-operation;

4. Notes that Mr. Nano may now have regular contacts with his lawyers as is his right, and earnestly hopes that the authorities will ensure that he may exercise this right without any restraint;

5. Is alarmed at the allegation that the authorities may consider claiming from Mr. Nano the sum of US$ 7.2 million, bearing in mind that Mr. Nano's conviction of embezzlement of State funds in favour of a third party cannot reasonably be maintained;

6. Reiterates in the strongest terms its previous view that the rationality of the judgment handed down on Mr. Nano is highly dubious and that, therefore, his trial should be reviewed with respect to both charges on which he was convicted;

7. Also strongly reiterates its concern that Mr. Nano's prosecution may have been based on political considerations only, neglecting elementary standards of fair trial, and that Mr. Nano should consequently be released under Article 453 of the Albanian Penal Code, pending a review of his case;

8. Notes that Mr. Nano has not yet availed himself of his right to request a review of his trial, and cannot but urge him to do so as early as possible;

9. Reiterates its belief that the presence of international observers at a re-trial of Mr. Nano would be of assistance in guaranteeing him a fair trial;

10. Requests the President of the Republic to make use of his presidential prerogatives and grant such amnesty as may lead to Mr. Nano's release;

11. Requests the Secretary General to convey these considerations to the President of the Republic and to the Speaker of the People's Assembly;

12. Requests the Committee on the Human Rights of Parliamentarians to pursue the examination of the case and report to it at its next session (April 1997).