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The law "'''On Genocide and Crimes Against Humanity Committed in Albania during the Communist Regime for Political, Ideological and Religious Motives'''" (Nr. 8001, September 22, 1995)<ref name=omri>"The OMRI annual survey of Eastern Europe and the former Soviet Union, 1995", ISBN |
The law "'''On Genocide and Crimes Against Humanity Committed in Albania during the Communist Regime for Political, Ideological and Religious Motives'''" (Nr. 8001, September 22, 1995)<ref name=omri>"The OMRI annual survey of Eastern Europe and the former Soviet Union, 1995", {{ISBN|1563249243}}, 1996, [https://books.google.com/books?id=T1vFM-R34TYC&dq=%22Genocide+and+Crimes+Against+Humanity%22+albania+law&pg=PA149 pp. 149-150], the text of the introductory provisions of the law, translated from the "Official Journal of the Republic of Albania", no. 21, September 1995, pp. 923-924</ref><ref name=cwatch>[http://caselaw.lp.findlaw.com/data/law_reviews/010east_euro_con/winter_1996/watch.txt "Constitutional Watch: Country-by-country updates on constitutional politics in Eastern Europe and the ex-USSR] {{Webarchive|url=https://web.archive.org/web/20121022062920/http://caselaw.lp.findlaw.com/data/law_reviews/010east_euro_con/winter_1996/watch.txt |date=2012-10-22 }}, Winter 1996</ref>) was enacted in [[Albania]] with the purpose<ref name=omri/> of expediting the prosecution of the violations of the basic [[human rights]] and freedoms by the former [[Communism|communist]] governments of the [[Socialist People's Republic of Albania]]. The law has also been referred to in English as the "'''Genocide law'''"<ref>{{cite book |title=Albania as dictatorship and democracy: from isolation to the Kosovo War, 1946-1998 |last=Pearson |first=Owen |year=2006 |isbn=1-84511-105-2 |page=659 |publisher=Bloomsbury Academic |url=https://books.google.com/books?id=D4wx7kQp4bgC&q=%22Albania+as+dictatorship+and+democracy:+from+isolation+to+the+Kosovo+War%22&pg=PP1 |access-date=2010-06-29 }}</ref><ref>{{cite journal |last=Austin |first=RC |author2=J Ellison |year= 2008|title=Post-Communist Transitional Justice in Albania |volume=22 |issue=2 |pages=373–401 |url=https://scholar.google.com/scholar?hl=en&q=%22Post-Communist+Transitional+Justice+in+Albania%22+%2B%22genocide+law%22&btnG=Search |access-date=2010-06-29 }}</ref><ref name="Prevent Genocide International">This usage of the term "Genocide Law" is not to be confused with the application of Article 73 "Genocide" of the Criminal Code of the Republic of Albania, Special Part, Chap. 1, Crimes Against Humanity {{cite web | url=http://preventgenocide.org/law/domestic/albania.htm | title=Criminal Code of the Republic of Albania, Special Part, Chap. 1, Crimes Against Humanity | publisher=Prevent Genocide International }}</ref> and the "'''Law on Communist Genocide'''".<ref>{{cite book |title=Freedom of religion and belief: a world report |last=Boyle |first=Kevin |author-link=Kevin Boyle (lawyer) |author2=Juliet Sheen |year=1997 |publisher=Routledge |isbn=0-203-41102-1 |page=262 |url=https://books.google.com/books?id=MFUZkWWgOtMC&q=%22Law+on+Communist+Genocide%22&pg=PA262 |access-date=2010-06-29 }}</ref><ref>{{cite book|last1=Jeffries|first1=Ian|title=Eastern Europe at the Turn of the Twenty-First Century: A Guide to the Economies in Transition|date=2002|publisher=Routledge|isbn=9781134561513|page=72|access-date=6 April 2016 | url = https://books.google.com/books?id=696AAgAAQBAJ&q=%22Law+on+Communist+Genocide%22&pg=PA72}}</ref> |
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The law excluded, until December 31, 2001, from government, parliament and judiciary, and mass media positions any higher political officials who held office in Albania prior to March 31, 1991, i.e., who held higher positions in Communist Albania: members of [[politburo]], [[Central Committee]], parliament, as well as former [[secret police]] agents and informers.<ref name=omri950925/> |
The law excluded, until December 31, 2001, from government, parliament and judiciary, and mass media positions any higher political officials who held office in Albania prior to March 31, 1991, i.e., who held higher positions in Communist Albania: members of [[politburo]], [[Central Committee]], parliament, as well as former [[secret police]] agents and informers.<ref name=omri950925/><ref name=ij>"Eastern Europe at the Turn of the Twenty-First Century: A Guide to the Economies in Transition", by Ian Jeffries, {{ISBN|0-415-23671-1}}, 2002, [https://books.google.com/books?id=L7PBtDujYt0C&dq=%22law+on+communist+genocide%22&pg=PA76 p. 72]</ref> It was similar to [[decommunization]] efforts in other former [[communist state]]s. |
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A person may run for an office after an investigation of their "moral character" by a special state commission. The commission decision may be appealed before the Cassation Court. The law was effected a short time before the elections, and many candidates were prevented from standing, simply because the verification stages could not be carried out on time.<ref name=cwatch/> |
A person may run for an office after an investigation of their "moral character" by a special state commission. The commission decision may be appealed before the Cassation Court. The law was effected a short time before the elections, and many candidates were prevented from standing, simply because the verification stages could not be carried out on time.<ref name=cwatch/> |
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The affected politicians claimed that it was intended to strengthen the hold of [[Sali Berisha]] on power.<ref name=omri950925>[[OMRI]] Daily Digest II, [[Open Media Research Institute]], [http://www.hri.org/news/balkans/omri/1995/95-09-25.omri.html#11 No. 186, 25 September 1995]</ref><ref>"Freedom of Religion and Belief: a World Report", edited by Kevin Boyle and Juliet Sheen, ISBN |
The affected politicians claimed that it was intended to strengthen the hold of [[Sali Berisha]] on power.<ref name=omri950925>[[OMRI]] Daily Digest II, [[Open Media Research Institute]], [http://www.hri.org/news/balkans/omri/1995/95-09-25.omri.html#11 No. 186, 25 September 1995]</ref><ref>"Freedom of Religion and Belief: a World Report", edited by Kevin Boyle and Juliet Sheen, {{ISBN|0-415-15978-4}}, 1997, [https://books.google.com/books?id=MFUZkWWgOtMC&dq=%22law+on+communist+genocide%22&pg=PA262 p. 263]</ref> |
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An attempt to repeal the law basing on its alleged unconstitutionality<ref name=cwatch/> was rejected by the [[constitutional court]] on January 31, 1996.<ref name=ij/> However some provisions of the law were |
An attempt to repeal the law basing on its alleged unconstitutionality<ref name=cwatch/> was rejected by the [[constitutional court]] on January 31, 1996.<ref name=ij/> However some provisions of the law were stricken out.<ref name=cwatch/> |
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Basing on this law, former President [[Ramiz Alia]], previously amnestied, was imprisoned again, now on charges for [[crime against humanity]]. Some decried this application of the law as an example of [[double jeopardy]].<ref name=cwatch/> |
Basing on this law, former President [[Ramiz Alia]], previously amnestied, was imprisoned again, now on charges for [[crime against humanity]]. Some decried this application of the law as an example of [[double jeopardy]].<ref name=cwatch/> |
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[[Category:Decommunization]] |
[[Category:Decommunization]] |
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[[Category:Anti-communism]] |
[[Category:Anti-communism]] |
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[[Category:Legal history of Albania]] |
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[[Category:Repealed legislation]] |
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Latest revision as of 17:22, 25 May 2024
The law "On Genocide and Crimes Against Humanity Committed in Albania during the Communist Regime for Political, Ideological and Religious Motives" (Nr. 8001, September 22, 1995)[1][2]) was enacted in Albania with the purpose[1] of expediting the prosecution of the violations of the basic human rights and freedoms by the former communist governments of the Socialist People's Republic of Albania. The law has also been referred to in English as the "Genocide law"[3][4][5] and the "Law on Communist Genocide".[6][7]
The law excluded, until December 31, 2001, from government, parliament and judiciary, and mass media positions any higher political officials who held office in Albania prior to March 31, 1991, i.e., who held higher positions in Communist Albania: members of politburo, Central Committee, parliament, as well as former secret police agents and informers.[8][9] It was similar to decommunization efforts in other former communist states.
A person may run for an office after an investigation of their "moral character" by a special state commission. The commission decision may be appealed before the Cassation Court. The law was effected a short time before the elections, and many candidates were prevented from standing, simply because the verification stages could not be carried out on time.[2]
The affected politicians claimed that it was intended to strengthen the hold of Sali Berisha on power.[8][10]
An attempt to repeal the law basing on its alleged unconstitutionality[2] was rejected by the constitutional court on January 31, 1996.[9] However some provisions of the law were stricken out.[2]
Basing on this law, former President Ramiz Alia, previously amnestied, was imprisoned again, now on charges for crime against humanity. Some decried this application of the law as an example of double jeopardy.[2]
The law lasted only two years, because it was repealed during the 1997 rebellion in Albania, and eventually formerly banned politicians entered the coalition government.[9]
References and notes[edit]
- ^ a b "The OMRI annual survey of Eastern Europe and the former Soviet Union, 1995", ISBN 1563249243, 1996, pp. 149-150, the text of the introductory provisions of the law, translated from the "Official Journal of the Republic of Albania", no. 21, September 1995, pp. 923-924
- ^ a b c d e "Constitutional Watch: Country-by-country updates on constitutional politics in Eastern Europe and the ex-USSR Archived 2012-10-22 at the Wayback Machine, Winter 1996
- ^ Pearson, Owen (2006). Albania as dictatorship and democracy: from isolation to the Kosovo War, 1946-1998. Bloomsbury Academic. p. 659. ISBN 1-84511-105-2. Retrieved 2010-06-29.
- ^ Austin, RC; J Ellison (2008). "Post-Communist Transitional Justice in Albania". 22 (2): 373–401. Retrieved 2010-06-29.
{{cite journal}}: Cite journal requires|journal=(help) - ^ This usage of the term "Genocide Law" is not to be confused with the application of Article 73 "Genocide" of the Criminal Code of the Republic of Albania, Special Part, Chap. 1, Crimes Against Humanity "Criminal Code of the Republic of Albania, Special Part, Chap. 1, Crimes Against Humanity". Prevent Genocide International.
- ^ Boyle, Kevin; Juliet Sheen (1997). Freedom of religion and belief: a world report. Routledge. p. 262. ISBN 0-203-41102-1. Retrieved 2010-06-29.
- ^ Jeffries, Ian (2002). Eastern Europe at the Turn of the Twenty-First Century: A Guide to the Economies in Transition. Routledge. p. 72. ISBN 9781134561513. Retrieved 6 April 2016.
- ^ a b OMRI Daily Digest II, Open Media Research Institute, No. 186, 25 September 1995
- ^ a b c "Eastern Europe at the Turn of the Twenty-First Century: A Guide to the Economies in Transition", by Ian Jeffries, ISBN 0-415-23671-1, 2002, p. 72
- ^ "Freedom of Religion and Belief: a World Report", edited by Kevin Boyle and Juliet Sheen, ISBN 0-415-15978-4, 1997, p. 263