CASE N° AL/01 - FATOS NANO - ALBANIA

Resolution adopted without a vote by the Inter-Parliamentary Council at its 160th session
(Seoul, 15 April 1997)

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/160/14(a)-R.1) and to the resolution adopted at its 159th session (September 1996) concerning the case of Mr. Fatos Nano, of Albania,

Taking into consideration the communications from the Speaker of the People's Assembly dated 12 February, 7 March and 17 March 1997,

Recalling that Mr. Nano was sentenced on 3 April 1994 to 12 years' imprisonment for embezzlement of State funds in favour of third persons and for falsification of documents in connection with emergency aid delivered by Italy to Albania in 1991; that the judgment was upheld by the Court of Appeal and the Court of Cassation,

Recalling that it has consistently voiced serious misgivings about the logic of the judgment handed down on Mr. Nano and about the fairness of his trial,

Recalling its consequent view that Mr. Nano's prosecution may have been prompted by political considerations rather than criminal wrongdoing, and that he should be released by any authority competent to take such action,

Recalling further that, under general pardon decrees issued by the President of the Republic, Mr. Nano's sentence had as of March 1997 been reduced to 10 months,

Considering that, on 16 March 1997, Mr. Nano finally benefited under Amnesty Decree N° 1762 regarding prisoners with under two years of their sentences to serve and that he was thus released and had his conviction annulled,

1. Thanks the Speaker of the People's Assembly for his co-operation;
2. Welcomes the amnesty extended to Mr. Nano;
3. Considers that this development meets its longstanding demand;
4. Regrets nevertheless that Mr. Nano's prosecution may have been dictated by political considerations vitiating the proceedings against him and resulting in his prolonged imprisonment;
5. Decides to close the case;
6. Requests the Secretary General to convey these considerations to the President of the Republic and to the Speaker of the People's Assembly;
7. Also requests the Secretary General to convey this resolution to the source and to Mr. Nano himself.