UA 66/91 - Albania: death sentence: Ylli Mema
EXTERNAL (for general distribution) AI Index: EUR 11/02/91
Distr: UA/SC
Please organize up to 20 appeals per section.
UA 66/91 DEATH SENTENCE 26 February 1991
ALBANIA Ylli MEMA
According to a report on Tirana radio on 19 February 1991, Ylli Mema was sentenced
to death by a military court in the town of Bajram Curri in northern Albania.
Together with two other men, he was arrested on 9 January 1991 after they killed
two border guards at the border point of Qerem while attempting to cross the
border into Yugoslavia. Ylli Mema and his co-defendants were also charged with
terrorism, theft, illegal border-crossing and (in the case of Mema) with
avoiding military service. His two co-defendants were sentenced to 20 and 12
years' imprisonment respectively. All three men are from Korça in southern
Albania.
BACKGROUND INFORMATION
In May 1990 the scope of the death penalty was restricted under amendments
to the criminal code. Women may no longer be sentenced to death. The number
of offences punishable by death has been reduced from 34 to 11. These include
treason, espionage, terrorism and premeditated murder, as well as certain
economic, non-violent offences. According to official statements, between 1980
and 1990 four death sentences were imposed for political offences and three
or four people were sentenced to death every year for ordinary crimes. Unofficial
sources have stated that their corpses were sometimes publicly exhibited.
By law, the Supreme Court hears appeals against death sentences within
10 days of receipt of the case and reviews all death sentences even if no appeal
is made. If the death sentence is confirmed by the Supreme Court, the defendant
may petition for clemency to the Presidium of the People's Assembly; this body
must in any case examine and approve all death sentences before they are carried
out. Execution may be by shooting or hanging.
Until mid-1990 few Albanian citizens, apart from official delegations,
were allowed to travel abroad and to attempt to leave the country without
permission was categorized as a form of treason punishable by ten to 25 years'
imprisonment or the death penalty. Since July 1990, however, Albanian citizens
have been granted the right to a passport, although the police may refuse to
issue a passport to a person considered to represent a danger to the internal
or international security of the state. Attempts to leave the country without
official permission are now classified as "illegal border-crossing" punishable
by up to five years' imprisonment. Despite these changes, the number of Albanian
citizens who have in recent months attempted to leave the country without
official permission has increased sharply. In the past year there have been
frequent reports that border guards have shot without warning people attempting
to leave the country without permission, although since the end of December
over 11,000 Albanian citizens have crossed the border illegally into Greece
and border guards appear to have let most pass unhindered.
2
3
RECOMMENDED ACTION: Telegrams/telexes/express and airmail letters:
- expressing concern at reports that Ylli Mema was sentenced to death on 19
February by a military court in Bajram Curri;
- stating that you understand that he was found guilty of murdering two
border-guards and that you are recognize the gravity of his crime, but that
Amnesty International opposes the death penalty in all cases without
reservation, on the grounds that it is the ultimate cruel, inhuman and degrading
punishment;
- urging the Presidium of the People's Assembly to exercise its constitutinal
powers to commute his death sentence.
APPEALS TO
President of the Presidium of the People's Assembly
Ramiz Alia
Tirana
The People's Socialist Republic of Albania
Telegrams: President Ramiz Alia, Tirana, Albania
Telexes: 4298 PKPRSSH AB
COPIES TO:
Minister of Foreign Affairs
Ministria e Puneve te Jashtme
Tirana
The People's Socialist Republic of Albania
Telegrams: Foreign Affairs Minister, Tirana, Albania
Telexes: 2164 MPJ AB
and to diplomatic representatives of Albania in your country.
PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat,
or your section office, if sending appeals after 15 April 1991.