B4-0131, 0140, 0146 and 0158/94

Resolution on respect for the civil liberties and human rights of members of the Greek minority who are being tried by the Albanian authorities

The European Parliament,

-having regard to its resolutions of 15 July 1993 on Albania, 28 October 1993 on action taken against members of the Greek minority in Albania, and 9 February 1994 on the European Union's relations with Albania,

A.having regard to the arrest on 21 April 1994 of five members of the Greek minority (Velianis, Papachristos, Martas, Kiriakou and Sirmos), their conditions of detention, the interrogation to which they were subjected and the type of 'justice' meted out to them, together with the nature of the charges which led these ethnic Greek Albanians to be sentenced to many years' imprisonment,

B.whereas, on the date of the celebration of the Assumption (15 August), a very important feast for Greek Orthodox Christians, a parody of a trial started in Tirana, the obvious aim being to terrorize the whole Greek-speaking minority of Albania,

C.concerned at complaints already formulated by foreign observers - an official of the CSCE, representatives of international NGOs, Helsinki WATCH, eminent jurists, members of national parliaments and of the European Parliament - concerning violations of fundamental human rights, during the preparation of the trial and during the long trial itself, the accused having been humiliated, imprisoned in inhuman conditions, tortured and deprived of communication with their defending counsel and their families; whereas journalists were victims of insults and brutality and some were even expelled,

D.having regard to the resolutions of 17 August 1994 by the UN Subcommittee on Human Rights indicating that it was disturbed 'by the alleged violation of human rights and persecution of members of the Greek ethnic minority in Albania' and calling on the Albanian Government 'to abide by the relevant provisions of the abovementioned international human rights instruments, to take immediately every measure to ensure that the (accused) persons receive a fair trial and to complete the (trial proceedings) in accordance with the accepted principles of the administration of justice',

E.whereas reform of the legal framework (constitution, penal code and code of criminal proceedings) to ensure full respect for democratic principles, human rights and the rights of minorities has not been completed,

1.Takes the view that respect for human rights and the rights of minorities, the rule of law, religious freedom, the clear division of powers and the genuine independence of the judiciary - as embodied in texts establishing international law - are principles to which all should adhere;

2.Concludes from objections by independent observers and international organizations that:

(a)concerning the nature of the accusations, most of the actions attributed to the accused are in accordance with internationally accepted forms of activity by groups protected under Article 27 of the International Covenant on Civil and Political Rights and Chapter 7 of the CSCE Final Act (Copenhagen, 1990) which is binding on Albania as a member country,

(b)concerning legal guarantees, the trial was not conducted in such a way as to respect the fundamental right to legal defence;

3.Considers that the trial was political and did not seek in any way to establish the 'guilt' of the accused under criminal law, and that this alone constitutes a flagrant violation of human rights and the rights which all democratic societies should grant those accused in the eyes of the law;

4.Expresses its deep concern at the state of relations between Greece and Albania, which have further worsened during and after the trial, as a result of actions such as the summary sentencing of another member of the Greek minority (Tsiavou), the demand for a reduction in Greek embassy staff in Tirana, the threats being made to the Primate of the Orthodox Church of Albania and the Consulate in Gjirokastre;

5.Calls on the Albanian Government to release the five representatives of the ethnic minority immediately, a measure which would facilitate the opening of a constructive dialogue with the Greek Government and would lead to the immediate lifting of the Council's objections to immediate payment by the European Union of the first instalment of financial aid to Albania;

6.Calls on the Council and the Commission to bring pressure to bear on the Albanian Government to fulfil its obligations to the Union and to speed up the democratization process within the country, bringing its legal framework into line with present-day European democratic society and fulfilling the necessary conditions to ensure the rule of law;

7.Instructs its President to forward this resolution to the Commission, the Council, the CSCE and the government and parliament of Albania.