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Any resistance to his rule was met with severe retribution, including internal exile, long-term imprisonment and execution. His domination of Albania's political, economic and social life was absolute. In light aex this history, Albania has made substantial progress toward respect for civil and political rights in the past five years. Democratic elections in March swept the Indian wife cheating story party from power, installed a new government led gjieokaster President Sali Berisha of the Democratic Xex, and paved the way for a series of liberalizing reforms.
Still, Skim years has not been kn to gjirkkaster away the legacy Hoxha's rule. In part, these abuses are the result of Albania's Stalinist past. But in many on, the human rights violations in Albania today are the direct result of specific actions on the part of the new government. Of particular concern is the state's continued interference in sfx judiciary. Despite many gjirokastsr, the court system is sexx used as an instrument of the gjirkoaster, especially against the political opposition. The leader of the largest opposition party is currently in prison after a trial fraught with due process violations. Judges who make independent decisions on sensitive cases are sometimes reassigned to lesser posts or Slmi.
More than persons, predominantly selected by the Democratic Party, were appointed as judges and prosecutors throughout the country, upon completion of a special gjiromaster law course, thereby strengthening governmental influence over the judiciary and law enforcement officials. Despite some positive developments - such as a new Bill of Rights - some of Albania's new legislation does not conform to international standards. Of particular concern is a kn law that Slim sex in gjirokaster a commission, appointed sec by the gjirokqster, to review the communist-era secret police files. All those who were members of pre governments or found to have been collaborators with the former sfx police are banned from holding elected office ln other gjiroksster posts until the year Gjirokastrr is considerable fear that the law will be applied selectively gjirokastre political rivals to sec government.
The government has undertaken gjirokawter ambitious effort to prosecute former communist officials who committed crimes during wex previous regime. However, the process has been selective and, at times, in violation of international law. Some gjirolaster communist officials were denied the right to a fair trial, while others have avoided prosecution altogether because of their gjirrokaster to the current government. Freedom of the press Slim sex in gjirokaster also circumscribed. Ih legislation exists to allow for the transmission gjirlkaster private television or radio, leaving the state-run programs that favor the government as the sole provider of news for the majority of the population.
While gjiromaster are many private newspapers throughout the country, they are restricted by a repressive press law and obstacles to their distribution. Sincea large number of journalists, including foreign correspondents, have been gjjirokaster, arrested gjlrokaster beaten by unknown assailants after writing gjjirokaster that were critical of the government. The rights of minorities have improved since the fall of communism. Nevertheless, problems do exist, particularly with the sizable Greek minority in the south of the country. In Septemberfive members of the ethnic Greek organization Omonia were tried gjirokastwr convicted on charges of espionage and the illegal possession of weapons in a case that was in violation of both Albanian and international law.
The five defendants were later released but not before 70, Albanian guest workers had been expelled from Greece as retribution by the Greek government. Large-scale detentions of ethnic Greeks by the Albanian police and secret service before the gjriokaster created an atmosphere of fear in areas inhabited by Greeks. The issue of Gjkrokaster schooling gjiroiaster the return of property owned by the Orthodox Church are also areas of concern. Parliamentary elections are due in the spring gkirokaster but, as of Februaryno fixed date had been set. The gjkrokaster months of saw renewed efforts by Sli, state to gjirpkaster independent voices in the judiciary and media, as well as those of opposition politicians.
In particular, the High Council of Justice should not appoint or dismiss judges, investigators or prosecutors solely on the basis of their political affiliations. In cases where this right has been violated, submit the case for retrial or release the defendant. No one should be detained solely for the non-violent expression of his or her political beliefs. Individuals should be charged with specific crimes, rather than association with a past group, and enjoy the right to a fair trial in front of an independent court. Examinations of the secret police files should be conducted by an objective, non-partisan commission to avoid the possibility of political discrimination.
Individuals should be guaranteed the right to defend themselves, including a proper procedure for appeal. Specifically, eliminate provisions in the law that allow for the imprisonment of journalists and editors because of reporting that may be critical of the state. This includes the right to be free from torture, cruel or inhuman treatment, the right to adequate medical and sanitary facilities and the right to written materials. Prisoners under the age of eighteen should be kept separate from adults. The government should be particularly sensitive to the need for education in the mother-tongue, an adequate number of classes and properly-trained teachers, and the need for an appropriate curriculum and textbooks to ensure the fulfillment of this constitutional right.
These steps should include, at a minimum, criminalizing all forms of domestic assault and prosecuting and punishing those identified as responsible. First the Romans and then the Turks controlled this mountainous region for centuries, until when Albania declared its independence from the Ottomans. A parliamentary republic was established following World War One but soon dissolved into an autocracy run by the self-proclaimed King Zog. Zog ran the country until when it was occupied by the Italian fascists and, subsequently, the Nazis.
In Novemberthe leadership of the communist resistance announced Albania's liberation, having defeated both nationalist and monarchist groups within the country. One year later, the communist Party of Labor, with Comrade Enver Hoxha as its first secretary, claimed 93 percent of the vote in national elections. Hoxha ruled Albania with an iron fist until his death in Building on the tradition of clan allegiance, whole families were persecuted for the actions of one family member. Thousands of people were imprisoned or sent into internal exile without trial for even slight deviations from the party line.
Frequent purges maintained a strict order based on fear. Hoxha sustained his repressive system by playing on the historical fear of outside invasion. He broke ties successively with Yugoslavia, the Soviet Union and China, leading Albania into a self-imposed isolation that he claimed was the true path to socialism. Hostile to the "imperialist West" and "revisionist East," Albania remained by far the poorest and most isolated country in Europe. Slight liberalization began in with Hoxha's hand-picked successor, Ramiz Alia. But real reform did not take place untilwhen, in response to the changes taking place throughout Eastern Europe, the communists were no longer able to resist the growing opposition to communist rule at home.
Increasing pressure, especially from university students, forced the government to allow the formation of independent political parties. The bans on foreign travel and religion were ended, as was the leading role of the Party of Labor. In Decemberthe opposition Democratic Party was formed, as was Albania's first human rights organization, the Forum for the Defense of Human Rights. The first multi-party elections in Albania's history were held on March 31, With a firm control of the media and an under-equipped opposition, the Albanian Party of Labor was able to win two thirds of the parliamentary seats.
The Democratic Party won most of the remaining seats, primarily in the cities. Worker strikes and mass demonstrations forced the new government to resign in early June Two short-lived transitional governments followed before the opposition was able to force new parliamentary elections on March 22, This time the Democratic Party captured just under two thirds of the national vote and one of the party's founders, Dr. Sali Berisha, was named president by parliament. Still, the Socialist Party won slightly more positions as mayors, district leaders and on city councils. The term of the current parliament expires in Marchalthough, as of Februaryno election date had been set.
President Berisha's term expires in March Although there is some debate regarding the actual figures, most agree that approximately 70 percent of the population is Muslim, 20 percent Eastern Orthodox and 10 percent Roman Catholic. Religion was banned inmaking Albania the world's first officially atheist state. Today freedom of religion has been established to a large degree, although a tradition of secularism among Albanians remains. Albania also has a long history of religious tolerance, and it is not uncommon today to see the different religious communities helping each other rebuild the mosques and churches that were destroyed by the communist regime. Macedonians, Roma and Vlachs also have constituent populations but of a considerably smaller size.
The even smaller number of Serbs, Montenegrins and Jews mostly left the country beginning in According to the last Albanian government census ofAlbania has 58, ethnic Greeks, 4, Macedonians, 1, Roma and 1, Vlachs out of a total population of 3. But all of these groups dispute the official numbers, claiming they are manipulated for political reasons. Ghegs dominated political life in pre-communist Albania, but lost power to the communist Enver Hoxha, who was from the south and placed fellow Tosks in high positions of the communist apparatus. Today, an increasing number of government employees are from the north, home of President Sali Berisha, especially in the police and secret police.
Enver Hoxha closed the Ministry of Justice and banned the private practice of law. Crimes punishable by death included "agitation and propaganda against the state" and "activities against the revolutionary movement of the working class. Although Albania remains without a constitution, a series of transitory laws of constitutional stature have been passed that guarantee Albania's status as a parliamentary democracy with full respect for human rights. A newly-formed High Council of Justice now appoints and dismisses judges and prosecutors. Sinceabout two thirds of the system's employees have been replaced. Lastly, vast legislative reform has occurred on all levels, from regulation of the media to social welfare.
Hundreds of new laws, some of them under criticism, attempt to lay the framework for a functioning democracy and free market economy. Despite these changes, many problems remain. First, Albania's desperate economic condition has greatly hindered the reform process. Little money exists to record the decisions of the court or provide adequate facilities. A district judge's monthly salary of between U. Moreover, many actions of the new government have directly threatened the independence of the judiciary and rule of law in the country. The High Council of Justice, headed by the president, has summarily dismissed a large number of judges because they rendered decisions that were at odds with the president or government.
More than people, most of them selected by local Democratic Party commitees, took a six-month law course, hurriedly received law degrees, and were then appointed as judges, investigators and prosecutors throughout the country. A number of high-profile political cases during the past four years were tainted by gross violations of both Albanian and international law. Many of Albania's new laws have come under attack by local jurists as well as foreign organizations for being in violation of international standards. Substantive reform commenced in April when the still communist-dominated parliament passed the Law on Major Constitutional Provisions by the two-thirds majority required for adoption of constitutional laws.
The law repealed the constitution of and laid the framework for a parliamentary republic and the separation of powers. At the same time, a constitutional commission of experts was formed to prepare a new constitution for consideration by the parliament.
Despite numerous proposals, political bickering and partisanship have prevented parliament from voting on a consolidated text, and the Law on Major Constitutional Provisions remains in effect today. Since Aprila series of laws have been passed to supplement the Law on Major Constitutional Provisions. Of note is Law No. The law maintained the old structure of three court levels: The law also established a new Constitutional Court to rule on all issues that require constitutional review. Finally, the law created the High Council of Justice as the sole body to appoint, dismiss and discipline judges and prosecutors.
In Aprilthe Albanian parliament ratified Law No. Article 26 of the law provides for protection for minorities in accordance with international standards. The Referendum of November In Looking for a white guy in budapestthe constitutional commission  approved a draft constitution that was heavily criticized by the opposition parties in parliament. Among other things, they complained that it gave broad powers to the president without assuring Slim sex in gjirokaster independent and strong judiciary.
Members of the Greek minority also complained about an article that required the head of the Orthodox Church to be an Albanian citizen. President Sali Berisha, however, supported the draft and proposed that it be submitted to a constituent assembly made up of an equal number of deputies and members of the district councils. Furthermore, any constituent assembly must be elected directly by the people. Facing mounting pressure, Berisha proposed instead that the draft constitution be voted on by direct referendum. But this too was disputed by the opposition, as well as by some of the more moderate members of the Democratic Party, since parliament must approve any proposal to hold a constitutional referendum by Slim sex in gjirokaster two-thirds majority.
In protest, deputies from the five opposition parties walked out of parliament on October 6 when the law was up for vote. Their absence brought the parliament below the necessary quorum. Five days later, President Berisha announced that a referendum would be held on November 6 to consider the draft constitution. The Socialist Party and Social Democratic Party immediately appealed to the Constitutional Court to examine the legality of the decision to hold a referendum. The Constitutional Court delayed its review of the case, prompting three of its judges to resign in protest. They also said that they would have resigned anyway because of "irregularities, ambiguities and contradictions in the legislation governing the court.
Television provided little time for open debate on the draft or the views of its opponents. Without access to television or radio, the opposition parties used their newspapers and district meetings to argue that the referendum was unconstitutional and that the draft provided too much power to the president. Especially the Democratic Alliance and Socialist Party reported numerous cases of harassment by police and local government officials during meetings they organized to discuss the referendum. According to leaders of the Democratic Alliance, their party was denied permission to book halls for meetings in the towns of Elbasan, Peqin, Lushnja, Shkoder and Vlora.
On October 28, a Democratic Alliance meeting in the town of Rrogozhina was allegedly obstructed by a group of eight to ten individuals, some of them reportedly from the SHIK secret police. The group locked the doors of the Palace of Culture where the meeting was to take place and threatened participants. Enver Dushku, one of the organizers, was detained by the local police for several hours. Other meetings in the towns of Berat and Rreshen were also reportedly disturbed by local authorities. Article 1 of the Law on the Organization of the Judiciary and the Constitutional Court further states that "the judicial power is separate and independent from other powers.
The executive still wields substantial influence over the appointment and dismissal of judges, and even over the outcome of specific court cases. The High Council of Justice The law on the Organization of the Judiciary and the Constitutional Court established the High Council of Justice to appoint, dismiss and discipline all judges in the district and appeals courts, as well as prosecutors. The council consists of thirteen individuals: Since its formation, the High Council of Justice has failed to uphold the independence of the judiciary. Quite the contrary, evidence suggests that the council has been a principal instrument of the judiciary's subordination to the executive.
During the past four years, there have been numerous cases in which judges were summarily removed from their posts or demoted by order of the council for rendering decisions not in accordance with the views of the government or president. The executive applies extreme pressure on the High Council of Justice for them to take action against those people who criticize the government and its actions. Moreover, several times the council has summarily removed judges with whose opinions or actions it disagreed. This serious violation of the separation of powers harms the rule of law in a very great way.
The High Council of Justice does nothing without the approval of Berisha. It's in his direct control. Because it is composed only of people he named. Only Berisha proposed the members. One of the president's secretaries is the secretary of the council. While some were removed for legitimate legal reasons, many were dismissed because they disagreed with the positions of those in power. Dismissed judges were informed of the decision verbally without any explanation. Officials at the Ministry of Justice admit that there has been a great turnover in judges. They estimate that 60 percent of the personnel in the judiciary has been replaced since The people we removed were judges, attorneys and prosecutors who served the past regime.
These are people who are compromised and have no right to serve the democracy. Many have been removed simply in the name of "reform," as is allowed under the Law on Labor Relations see below. Others were accused of corruption. While some of these allegations may have been well-founded, the timing of the council's decisions, with many sanctions ordered immediately after politically sensitive verdicts, gives reason to believe that there are political motivations behind many of its decisions. The first reported case of political tampering with the courts occurred in Tirana in August when a district judge, Danielle Nesho, released an individual arrested for alleged falsification of documents.
The High Council of Justice convened immediately after the decision and dismissed Judge Nesho in a summary proceeding. The dismissal led to a brief strike by other district judges who protested the arbitrary nature of the decision and a meeting with President Berisha, but the decision was not reversed. Another example involved the case of Aleksander Frangaj, editor-in-chief of the newspaper Koha Jone, and Martin Leka, a journalist for the paper, who were arrested in January on charges of revealing state secrets and slander see the chapter on Albanian media.
In February, Leka was found guilty but Frangaj was acquitted. After the decision, the judge, Arben Ristani, was dismissed from his position and arrested on charges of corruption. The timing of the council's decision and the highly politicized nature of the trial suggest that Ristani's acquittal of Frangaj was the reason for his dismissal. Bejleri was never called by the council to defend himself and was never offered an explanation despite his many requests. When he refused to report to his new job, he was fired. As of FebruaryBejleri had still not been reinstated.
The High Council of Justice is also responsible for the appointment of judges. According to Albanian law, judges must be Albanian citizens and have law degrees. In one instance, a judge, Alfred Vasili, was appointed even though he didn't possess a law degree. A vote would then be taken without any discussion about the candidates' legal credentials and qualifications. As replacements, the High Council of Justice has given many positions to those who they claim were politically persecuted in the past. However, many of these people lack legal training, and there is considerable fear that their loyalty to the new government undermines their objectivity as legal professionals.
Law Courses in Durres In March the government opened an intensive six-month law course in the port city of Durres. According to the Ministry of Justice at the time, the purpose of the course was to train court clerks, secretaries and legal assistants for the courts and for investigators' and prosecutors' offices throughout the country. Four hundred and eighty-five students were selected to participate in the course. While all of the participants held university degrees, the majority had no previous legal experience. As of Juneapproximately of them were working in such jobs throughout the country, including the chief prosecutor of Tirana, the chief judge in Tepelena and the chief judge in Mirdite.
In an interview conducted before his dismissal, Zef Brozi defended the course as necessary to train professionals for Albania's new legal system. We need judges but have only one half because many became private lawyers for a good salary. The course was opened to fulfill the urgent needs of the judicial system. Many young people were prevented from attending the law faculty in the past only because of something in their biographies. Therefore, in my opinion, it is not fair for someone to complain that this [course] was done for political reasons. The participants in the course were those who were denied the right before.
This course was repair work for the past. In a letter of protest to the president and other top government officials, the students argued that the course had been initiated only for political goals. Some extreme political groups hiding behind the reform of the legal institutions - which is in fact imperative - want to put their supporters in charge of the judicial institutions and to remove specialists only for political reasons. He admitted that he had supported the course before, but said that was when he thought the graduates would only be employed as legal assistants. Berisha said in the High Council of Justice that it is a priority to hire the course graduates.
Originally the course was meant as a kind of affirmative action for those who were politically persecuted.
gjirkaster But most of the students selected were Democratic Party loyalists or active sympathizers. As appointees of the party in power, there is the danger Gjirokaaster their political allegiance will undermine their impartiality and open the door for further interference by the executive power in the gjirokastee. Within weeks of his appointment, Haxhia came under criticism from the government for refusing on legal grounds to prosecute some cases, including one brought by the state against the newspaper Koha Jone. In July he publicly opposed a new law that gave police broad discretion in conducting searches for weapons in private homes.
In mid-September, parliament asked for Haxhia's resignation. He refused dex resign, and on September 17 he was dismissed by Lines to make a girl laugh and denied permission to return to gjriokaster position at the faculty of law. Haxhia challenged sx dismissal in the Constitutional Court, claiming that parliament did not have the authority to remove him from his position. According to article 14 of the Law on the Organization of the Judiciary and Constitutional Court, the general prosecutor may be relieved of his duties by parliament only "when proved that he has committed a serious criminal act, specifically provided for by law, or when he is mentally disabled.
Following his dismissal, Haxhia was accused of falsification of documents in what appeared to be Chat ez arbitrary measure to justify his dismissal. Prosecutors claimed that Sllm had unilaterally transferred or appointed three local prosecutors and investigators without the approval of the High Council of Justice. Haxhia's one-day trial on December 5 contravened international due process standards. The court ignored many of the defense's motions and calls for witnesses, including a motion to call two members of the High Council of Justice who were said to have acknowledged Mr.
As of Februaryhe had still not been allowed to return to his position at the faculty of law. The Case of Zef Brozi On September 23,the chief justice of the Court of Cassation, Zef Brozi, was unconstitutionally relieved of his duties by parliament because of allegedly illegal behavior. His dismissal was the final result of a long political attack by the government against Brozi, who had become increasingly critical of the state's interference in the judiciary. The attempts to remove Brozi also coincided with Court of Cassation reviews of politically sensitive cases: Once a vocal supporter of the Democratic Party, Chief Justice Brozi began expressing public criticism of unlawful detentions and arrests of citizens, excessive force used by police and the removal of judges without legally grounded reasons.
In addition, the parliamentary decision to remove Brozi was in direct violation of Albanian law and the rules of parliament. The votes of at least three deputies were falsified see below. The first attempt to remove Brozi occurred in December when he was publicly accused of abuse of office. The accusations involved the case of a Greek citizen, Kostandinos Callafatos, who had been sentenced to four years of imprisonment by a Tirana court for drug possession. An appeals court later upheld the sentence. When reviewing the case, a three-judge panel of the Court of Cassation, not including Brozi, determined that Mr.
Callafatos' case involved numerous due process violations, including the defendant's limited access to a translator and a lawyer during pre-trial court hearings. Based on this, the conviction was reversed at the request of the chair of the panel, and Chief Justice Brozi ordered that the defendant be released. One month later, the prosecutor general accused Brozi of unlawfully ordering the release and asked parliament to revoke his immunity, apparently as a prelude to filing charges against him. Mapagmamalaki nya kaya ako sa ibang tao?
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