FOR KNOWLEDGE: – THE COUNCIL OF EUROPE; – EUROPEAN COURT OF HUMAN RIGHTS; – UNITED NATIONS ORGANIZATION; – AMNESTY INTERNATIONAL. ALBANIA, KOSOVO AND THE LEGAL “COUP” OF THE STATE
The last arrestees and convicts of conscience in the Republic of Albania were in 1989. Since that year, Albania has tried to follow the European path, without arrestees or convicts of conscience. However, 30 years later, Albania is being forced to return 30 years later. Today, Albania and its legal system are being tried to be taken hostage by the ZPS (Office of the Special Prosecutor) of Kosovo and the Special Court of Kosovo.
These two subjects, having taken hostage the fragile and young state of Kosovo, returning it to the time of Ranković, when Albanians were arrested, punished and killed just for freedom of speech, just for daring to openly express their opinions which , when they clashed with the murderous Rankovician policy of Serbia in Kosovo, they endangered the lives and existence of Albanians, they are trying even today to, in addition to the state of Kosovo and its Constitution, take hostage free speech and conscience in Kosovo through a coup d’état law in Kosovo.
This prosecutor and the court have decided to arrest me on the pretext written in white on black on page 6 of the decision for my arrest in the point “Time and place of the commission of the (criminal) offense”:
“The single judge has concluded that there is a suspicion of based on that Mr. Goxhaj, at least twice, deliberately revealed what he believed through a post on the Facebook page that bears his name, in the form of an opinion piece.”
Let’s look at them in order to understand the criminal-Rankovician nature of this prosecution and court. This prosecutor and court request my arrest and extradition to the location of this court in The Hague on the charge of:
- Intimidation of witnesses
- Obstruction of justice Both of these accusations are part of the criminal offenses considered common in the legal system of Kosovo and, as such, they are not the subject matter competence of either this prosecution or this court.
This prosecutor’s office, according to its official website http://xn--cdaaa.sep-ks.org/, writes: “The Specialized Prosecutor has the following powers:
- a) Interrogate victims, witnesses and suspects and record their statements
- b) To carry out investigations at the scene, to collect evidence
- c) Seek help from third countries, international organizations and other entities
- d) To undertake investigative measures And all this only within the framework of the law that authorizes the SPS to investigate and prosecute citizens of Kosovo and/or the Federal Republic of Yugoslavia or persons who have committed crimes against citizens of Kosovo related to the behaviors and actions mentioned in Dick Marty’s APE report.
As it is clearly seen, the acts for which this prosecutor accuses me are absolutely not the competence of this prosecutor’s office nor of this court, but these subject eyes have given themselves the right to assume the powers of the prosecutor’s office and the court of jurisdiction general. And this is neither more nor less than a Criminal State Fist. Now, let’s come to the next part, where these two subjects justify their decision to arrest me. There they declare that I have revealed what I believe, in the form of an opinion article. And here we come to the Rankovician mentality that guides these two subjects.
My arrest is made only for two essential reasons.
The first, because I declare – I express what I believe and, the second, because I express what I believe and publish it as my opinion in the form of an article. Both of these single reasons with which these two subjects justify my arrest belong to criminal offenses of conscience, criminal offenses that have been removed from the Criminal Code in Albania for 30 years, while in the new Kosovo they do not even exist at all. These two subjects, in criminal cooperation with each other, in this case, have passed their unconstitutional decision for execution to the Ministry of Justice in Kosovo. This Ministry, aware of the unconstitutionality of this decision, has decided to execute it. At this moment, the legal seizure of the state and government of Kosovo by the ZPS and the Special Court has been carried out.
In Albania and the Prosecutor’s Office of the First Instance, creates the impression of a “Chinese Revolution”-type attempt to take hostage not only the legal system in Albania, but also the entire state and society in our country. By forcing Albania to accept and execute this unconstitutional and criminal decision of these two entities, they not only manage to make a legal coup in Albania, but in this way they return Albania back to 1945 when Rankovician Serbia dictated to us Titist. I only wish that the Albanian state and a part of its legal system manage to understand the deadly trap towards freedom of speech and conscience, towards which the ZPS and the Special Court of Kosovo are pushing. I wish that my Albania moves towards Europe with freedom of speech, opinion and conscience and does not fall victim to the Rankovico-Titist mentality of the ZPS and the Special Court of Kosovo and say “No!” hostage taking of the Albanian state. I hope and believe that the Albanian judicial system will respect, in my case and not only, the basic principles of a fair and impartial trial.
DRITAN GOXHAJ
Prison 313 Tirana,
on 15/08/2023
CONVERSATION WITH MY CONSTITUTION
The Constitution of the Republic of Albania guarantees everyone, including me, freedom of thought and expression, as a universal right. And I am right here today in front of this court for the sole reason that I have dared to think and express what I think. In the charge against me by the Special Prosecutor’s Office and the Special Court of Kosovo, in the part entitled “Time and place of the commission of the criminal offense” it is expressly stated “Mr. Goxhaj deliberately revealed what he believed through a post on FB in the form of an opinion piece”.
As you heard, my arrest is required only because I expressed an opinion, that is, because I exercised my constitutional right. While, at the same point, below, it is written: “At any time it can also reveal other data”. So here it is clearly required that I be kept in prison as a preventive measure only because they fear that I may speak again. Here we are dealing with a mentality of criminal gangs who execute those people who they think can speak about their criminal activities. Clearly I am being held in prison in violation of the law in Albania as the law in Albania does not allow imprisonment for freedom of speech nor imprisonment for the reason that you can speak again.
Both are only about freedom of speech. Why I have spoken and because I can speak. At this moment we are back again to the time of the monist regime when people were imprisoned because they spoke and because they might say something in the future. Even then, just like in my case, those who tried to put them in prison for reasons of freedom of speech were charged with the same charges as me. Today I am accused of witness intimidation and obstruction of justice. At the time of the monist system, people like me were accused of:
- Intimidation of the masses and the people
- Obstruction of popular power
Even today I believe I am the first prisoner of conscience in post-monist Albania. Therefore, I ask this court for my release, since as I explained, I am being held in prison in violation of the law and the constitution.
I am of the opinion that today you not only have my freedom in your hands, but you have the dignity of the state in your hands and today you can decide whether Albania will continue to be democratic and European where free speech is the basis of society, or you will return it that in 1945.
Dritan Goxhaj
15/08/2023
Translated from Albanian to English:
LUAN BACI
19 GUSHT 2023