Gjrokastër, on___/____/2012 Addressed to: European Union Ambassador Mr. Ettore Sequi Subject: Information, rising of awareness, for the assistance and constitution of my country The Nishani family (of the minister Bujar Nishani) in the year 1994 sends to the court the case for the acknowledgement and the return of their property. With the Court Order nr 343 of March 1994 the Court acknowledges them 1535 m2 and in the year 1996 The Commission for the Return and Compensation of The Properties with the Order 141/1 of July 1996 returns to them 1100 m2 and compensates 435 m2. In the Court Order it is expressively sad that from the Eastern side this property is bordered with the atelier of the sweets. In the year 1997 we, my father and I, as two separate homeless families, lived in a house whose proprietor was returned, took the atelier of the sweets for living which was built from the foundations by the state but which was almost ruined. We invested a great amount of money. These investments were recognized by the Court of Appeal with the Court Order nr. 296 date 3.11.1998. In 4.12.1998 we demanded the performed investments and appeared the order of execution nr 114 date 4.12.1998. In the Court Order is expressively said that we cannot free the object unless we had received the money from the Municipality. In the year 2002 the Nishani family bonded the property after the Court Order 141/1 of the Commission for the Return and Compensation of The Properties. But in October 2010 they bond their property again by stepping on the law. No new document was presented (but even if presented that document would be bonded and this with Court Order or with the order of the Commission for the Return and Compensation of The Properties). Strangely enough in this bond by the engineer Kristaq Rebi (an engineer in the mortgage) is added a bordering property, the property 10/4 which gives to the Nishani family unjustly 160 m2. We denounced this in the Prosecutor’s Office and the Prosecutor’s Office closed the investigatio0n by saying that it is true that a bordering property is added but the property is there and the engineer has done it in order to specify the Court Order. An engineer specifies the final Court Order which is only done by a supreme court. A prosecutor who, accepts the fact and ignores it because at that time Bujar Nishani was the Minister of Justice and his brother was a prosecutor. The Nishani family charges us in the court for freeing and handing over the property and this trial was headed by the judge Çibuku. We demanded to present to the court the Court Order 343 of the year 1994 with the original general plan me which was not presented even in the file of this Court Order the general plans are photocopies and not original which indicates that these general plans are removed. In the Commission for the Return and Compensation of The Properties there is no original general plan (colored) but photocopy and what is queer is that most of them are with the stamp of the mortgage 0001077. In the mortgage the Court Order and the Order of the Commission for the Return and Compensation of The Properties are photocopies. When we requested to be shown the map of the year 1937 which is in the file of the order 343 of the year 1994 the judge requested us to present it, which we did. But it was not used because the misappropriation of the minister Nishani would be discovered. The Nishani family sends the case to the court again in order to specify the Order 141/1 of the Commission for the Return and Compensation of The Properties of the year 1996 and the judge Elton Dhimitri accepts the charge when the Agency for the Return and Compensation of The Properties is nt in Gjirokastër, but in Tiranë. Another trial for the return of the property is held (to give them the right of buying in advance) with one judge and not three at a time when it is obligatory to be three judges. In the Court Order 1018 the judge Blerta Çibuku gives the right to the Nishani family, a decision that we objected at the Court of Appeal, and the Court of Appeal not only they did not call us but they put the announcement a day after the trial so we were not informed and the trial was held in our absence. We made recourse in the Supreme Court. For our astonishment, within two months the case was passed to the court at a time when there are other trials which have three or four years expected to be held. Naturally it is the minister and the prosecutor. The expert in the order 1018 Hasan Bushi has not done an expertise even in this expertise he states that we have occupied 524 m2 and in the conclusion of this expertise where he makes the so called argumentation, he states that we have occupied him 324 m2. In none of the orders is mentioned the final Court Order 296 of the year 1998 when we should be given back 8.4 million Lek as well as the lost benefit (which is counted with the bank percentages for every year). What is mentioned is that we are two families that we have 15 years that we possess the object for living without the right of passing. This is so true that the executioner of the Court Order came for the execution of the final Court Order 1018 without executing the execution of final order 296. This executioner was nonetheless concerned for the right of passing of our families but accompanied by 60-70 policemen with and without uniform for the execution of this Court Order which is unique for its delict. Today I find myself surrounded for 23 days without a passage way because of the wall and the wire which surrounds my house. In every court trial I face loss because of the power the family Nishani has; at the same time I am in the verge of my demand for political asylum due to life threats up to 6 people of our families wherever it might be only to find the peace of my family and children 8 and 15 years old. Your assistance will be to me like god’s assistance that my family might live in peace. An order, an injustice in the name of justice by adding a bordering property and the documents which should have been original are photocopies, of a minister and a prosecutor. You are invited to come and bear witness of how they have surrounded the house we live in with walls and with barbed wire. These crimes are not even witnessed at the time of fascism, they might have murdered imprisoned but they have not surrounded a housed without any possibility of passing. How could the courts and the execution office forget the right of passing, how they forgot the functional area for the time that we are the possessors of the house where we live. The executioner of the Court Order for this unprecedented action for not dispensing the law was rewarded 15 days later, by taking the license and became a private executioner. You shall be witness when all the judges of this masquerade of “justice” will be rewarded. The advocates in Gjirokastër were so frightened that no one of them accepted to defend our case because as they said they were afraid that they might not the license. Were they right? Yes they were. A minister and a prosecutor who step on the law and declare in the TV-s that they are just and work for the democratization and the independence of the judiciary cannot be confronted. When we went to the police station to denounce the vandal action of the Nishani family which makes a basis for self-condemnation, the police did not accept the denunciation because it was against the interest of their Minister Nishani. In the museal area of Gjirokastra building is not allowed, be it surrounding walls or other things, without the permission of the Municipality and the Office of Monuments of Culture. How was it allowed? It has only one name and the name is the minister Nishani and the prosecutor Nishani. Thanking you in advance for your assistance in the direction of Albanian Justice for a right judgment based on the constitution of the country and the European standards. My best regards Marenglen KOÇIU Director and publisher of the newspaper “Udhet e Kombit” Head of Movement for National Development (LZHK) Gjirokastra District Representative of Hebrew business in Gjirokastra District Director of “Thompson Global Strategy” for Albania Contact Address: Lagja Pazar, Gjirokaster mob 0696896400 Email: globkociu@hotmail
Posted on: Fri, 06 Sep 2013 11:25:52 +0000
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