HUMAN RIGHTS WATCH Publications HUMAN RIGHTS IN POST-COMMUNIST ALBANIA March 1996, ISBN: 1-56432-160-6 INTRODUCTION   |   RECOMMENDATIONS   |   TABLE OF CONTENTS   I. INTRODUCTION For nearly half a century Albania experienced a brand of communism unknown to the rest of Eastern Europe. A fateful blend of isolationism and dictatorship kept this tiny Balkan country the poorest and most repressive in all of Europe. During his forty-year reign, the Albanian leader Enver Hoxha banned religion, forbade travel and outlawed private property. 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 of this history, Albania has made substantial progress toward respect for civil and political rights in the past five years. Democratic elections in March 1992 swept the communist party from power, installed a new government led by President Sali Berisha of the Democratic Party, and paved the way for a series of liberalizing reforms. Still, five years has not been enough to wipe away the legacy Hoxha’s rule. The complete absence under communism of independent courts, a free media and human rights mechanisms poses a serious challenge to Albanian democracy today. More seriously, the one-party mentality is still deeply ingrained in many of the country’s new leaders: critics of the ruling Democratic Party are often regarded as critics of “democracy.” As a result, Albanian citizens are still plagued by serious human rights violations, such as restrictions on freedom of expression and association, manipulation of the legal system and violence by the police. In part, these abuses are the result of Albania’s Stalinist past. But in many cases, 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 the judiciary. Despite many improvements, the court system is still used as an instrument of the state, especially against the political opposition. The leader of the largest opposition party is currently in prison after a trial fraught with due process violations. Since 1992, numerous other critics of the government have been harassed, tried, imprisoned or, in a few cases, physically attacked by unknown assailants usually without any response from the government. Judges who make independent decisions on sensitive cases are sometimes reassigned to lesser posts or fired. More than 400 persons, predominantly selected by the Democratic Party, were appointed as judges and prosecutors throughout the country, upon completion of a special six-month 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 new law that created a commission, appointed predominantly by the government, to review the communist-era secret police files. All those who were members of pre-1991 governments or found to have been collaborators with the former secret police are banned from holding elected office or other government-appointed posts until the year 2002. There is considerable fear that the law will be applied selectively against political rivals to the government. The government has undertaken an ambitious effort to prosecute former communist officials who committed crimes during the previous regime. However, the process has been selective and, at times, in violation of international law. Some former communist officials were denied the right to a fair trial, while others have avoided prosecution altogether because of their ties to the current government. Freedom of the press is also circumscribed. No legislation exists to allow for the transmission of 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 there are many private newspapers throughout the country, they are restricted by a repressive press law and obstacles to their distribution. Since 1992, a large number of journalists, including foreign correspondents, have been harassed, arrested or beaten by unknown assailants after writing articles 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 September 1994, five members of the ethnic Greek organization Omonia were tried and 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 70,000 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 trial created an atmosphere of fear in areas inhabited by Greeks. The issue of Greek-language schooling and the return of property owned by the Orthodox Church are also areas of concern. Parliamentary elections are due in the spring of 1996 but, as of February 1996, no fixed date had been set. The closing months of 1995 saw renewed efforts by the state to silence independent voices in the judiciary and media, as well as those of opposition politicians. Human Rights Watch/Helsinki fears that these actions are an attempt by the government to eliminate its political rivals, thereby jeopardizing the fairness of the forthcoming elections.   II. RECOMMENDATIONS Based on the findings of this report, Human Rights Watch/Helsinki calls on the Albanian government to: Guarantee the independence of the judiciary as outlined in both Albanian and international law. In particular, the High Council of Justice should not appoint or dismiss judges, investigators or prosecutors solely on the basis of their political affiliations. Guarantee the right to a fair trial in front of a competent and objective tribunal. 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. Conduct investigations into crimes committed during the communist regime with the strictest adherence to international standards of due process. 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. Repeal or amend the Law on Genocide and the Law on the Verification of the Moral Character of Officials, which create a commission, appointed predominantly by the government, to review the communist-era secret police files of all future elected officials and senior government employees. 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. Repeal or amend article 24 (1) of the Law on Labor Relations which allows for the firing of state employees in the name of “reform.” Since 1992, the law has been used as a basis for justifying the large-scale firings of state employees on political grounds. Guarantee that people with diverse viewpoints are given appropriate access to state-owned radio and television, especially in anticipation of the forthcoming elections. Pass a broadcast law that allows for private ownership of radio and television and that guarantees the non-discriminatory allocation of frequencies. Repeal or amend the press law to guarantee freedom of expression. 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. Investigate allegations of police abuse and improper treatment of those in detention, and hold accountable those found responsible. Guarantee that prisoners’ rights are respected in accordance with international law. 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. Provide police and government officials with special training about human rights standards and protections. Strengthen legal mechanisms for protecting rights, giving individuals greater access to courts to challenge the legality of government decisions and to obtain an adequate remedy for abuses committed by the state. Assure that members of minority groups are granted equal rights without discrimination, in accordance with the Universal Declaration on Human Rights, the International Covenant on Civil and Political Rights (ICCPR), the Helsinki Final Act and subsequent agreements of the Organization for Security and Cooperation in Europe (OSCE). Respect the right of Albania’s minority populations to preserve, develop and express their ethnic, cultural, religious and linguistic identity. 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. Take reasonable steps to prevent domestic violence. These steps should include, at a minimum, criminalizing all forms of domestic assault and prosecuting and punishing those identified as responsible.   TABLE OF CONTENTS I. INTRODUCTION II. RECOMMENDATIONS III. BACKGROUND       HISTORY       POPULATION IV. THE LEGAL SYSTEM       CONSTITUTIONAL REFORM             The Referendum of November 1994       INDEPENDENCE OF THE JUDICIARY             The High Council of Justice             Law Courses in Durres             The Case of Maksim Haxhia             The Case of Zef Brozi       LEGISLATIVE REFORM             Laws Regarding Communist-Era Secret Police Files             Law on Labor Relations             Press Law             Penal Code             Law on Police Searches             Ban on the Communist Party             Advocacy Law       VIOLATIONS OF THE RIGHT TO A FAIR TRIAL V. ACCOUNTABILITY AND IMPUNITY       THE TRIALS OF FORMER COMMUNIST OFFICIALS       LAW ON GENOCIDE AND THE LAW ON THE VERIFICATION OF MORAL CHARACTER       IMPUNITY FOR PAST AND CURRENT CRIMES VI. POLITICAL PARTICIPATION AND THE ELECTORAL PROCESS       HARASSMENT OF THE POLITICAL OPPOSITION             Physical Attacks Against the Political Opposition             The Murder of Gjovalin Cekini             The Attack on Teodor Keko             Attacks on Gjergji Zefi             Attacks Against Members of the Socialist Party             Legal Cases Against the Political Opposition             The Case of Fatos Nano             Political Discrimination in State Employment       THE RIGHT TO PEACEFUL ASSEMBLY             Socialist Party Rally             Association of Former Political Prisoners             Property Through Justice Hunger Strike             Demonstration for Archimandrite Maidonis       THE RECOGNITION AND REGISTRATION OF POLITICAL PARTIES       FREE AND FAIR ELECTIONS       IMPROPER USE OF THE SIGURIMI FILES VII. FREEDOM OF EXPRESSION IN THE MEDIA       LEGAL STANDARDS       BACKGROUND       BROADCAST MEDIA             Closures of Private Radio       PRINT MEDIA             Legal Restrictions: The Press Law and Penal Code             Trials of Journalists             The Trial of the Koha Jone Journalists Aleksander             Frangaj and Martin Leka             The Trial of Blendi Fevziu             The Trials of Gjergji Zefi             Printing and Distribution             Access to Information             Economic Censorship      ALBANIAN TELEGRAPHIC AGENCY (ATA)       JOURNALISTS HARASSED, ASSAULTED OR IMPRISONED VIII. ILL-TREATMENT, DEATHS IN CUSTODY AND ARBITRARY ARRESTS       LEGAL STANDARDS       KILLING IN DISPUTED CIRCUMSTANCES             Romeo Gace       DEATHS IN CUSTODY             David Leka             Irfan Nanaj             Dhimitraq Petro             Enrik Islami       ILL-TREATMENT AT THE TIME OF DETENTION             Arben Memolla             Gay Club Albania       THE ILL-TREATMENT OF PRISONERS IX. MINORITY RIGHTS       DOMESTIC LEGAL PROTECTIONS       INTERNATIONAL LEGAL PROTECTIONS       THE GREEK MINORITY             The Greek Minority Under Communism             Greek-Albanian Relations             The Greek Minority Today             Political Representation             The Trial of the Omonia Five             Minority Language Education             Restrictions on Religious Freedom             Restrictions on Freedom of Assembly             Restrictions on Minority Access to the Media       OTHER ETHNIC MINORITIES X. THE RIGHTS OF WOMEN       LEGAL PROTECTIONS       WOMEN’S RIGHTS UNDER COMMUNISM       WOMEN’S RIGHTS TODAY XI. THE RIGHTS OF HOMOSEXUALS XII. UNITED STATES GOVERNMENT POLICY XIII. EUROPEAN POLICY XIV. CONCLUSION APPENDIX A: LAW ON GENOCIDE APPENDIX B: LAW ON THE VERIFICATION OF MORAL CHARACTER APPENDIX C: LAW ON THE PRESS Human Rights Watch      March 1996      ISBN: 1-56432-160-6 To order the full text of this report click HERE. For more Human Rights Watch reports on Albania click HERE. Or, to return to the index of Human Rights Watch reports click HERE.