oT pic: The mental health system as a target of transitional justice:
Mental Health reform in post-communist Albania
The Albanian Supreme State Audit Institution ends its report:
“The legal provisions have been fragmented and inadequate, insufficient and have also lack of
financial resources. Albanian society has opportunities for material reparation and reasonable
rehabilitation of this social group at an optimal time, responding thus the legal obligations and
those laid down in the International Conventions, which has taken over the establishment of the
rule of law, to end this social scourge in our country.”
The first time that punitive psychiatry during the communist regime was mentioned in
media, was in a public declaration from the prime minister of that period, Mr. Sali Berisha. He
emphasized the importance of inclusion in the compensation plan of the victims of punitive
psychiatry, people who were isolated in psychiatry because of their political views. According
to him, the psychiatric hospitals during the communist regime were used also as prisons for
political enemies of the regime.
Since the arrival of democracy, 300-310 victims of punitive psychiatry have benefited from the
facilities and compensations foreseen in the reparation laws. This represents the victims who
were sent to psychiatric institutions by court decision and have the necessary documents to
prove their persecution. They were placed in the first category for compensation, together with
former prisoners. According to the reparation law, they will benefit 2000 ALL (around 18$)/day of
isolation in psychiatry. Although the monetary compensation is the most acknowledged form of
reparation in Albania, the process of compensation is still ongoing. This has caused offense and
displeasure to victims and their families, who have often organized strikes and protests.
Recently, the victims of punitive psychiatry in Albania are facing challenges regarding
acknowledgment. Even though the official number of victims of punitive psychiatry is 300-310,
there are predicted to be more cases that were isolated in psychiatric institutions without a court
decision. They are facing difficulty in proving persecution and they are excluded from the status
of victim and also from compensation.
To conclude, in Albania the concept of ‘punitive psychiatry’ isn’t well known by the population.
This phenomenon is caused by several factors such as the small number of cases, lack of
lobbying from institutions and non-governmental organizations, lack of research about health
issues during communism and a consequent lack of media coverage. It is crucial for the history
of Albania during the communist regime to define those who suffer, based on their documented
history of persecution. Furthermore, recognition of all the victims of punitive psychiatry is a
necessity. Presentation to the public with this concept and its application during the dictatorship
is a form of assurance that lessons from the past, will serve for a safe future.
To change the situation and to develop a bulwark against the misuse of the psychiatric profession
in the future, it is pivotal that serious efforts are made in the provision of modern mental health
literature in local languages, in education, and the monitoring of human rights in closed
institutions. It is time that national and international psychiatric bodies resume their interest in
these cases, exert pressure on the authorities in the countries concerned and support victims of
political abuse of psychiatry in every possible way, e.g. by facilitating independent psychiatric
evaluations of the persons concerned.27
In Albania, the first law of mental health was established in 1996. The main issues addressed were
access to mental health care including access to the least restrictive care, rights of consumers and
family members, competency, capacity, and guardianship issues for people with mental illness,
27. Victor Davidoff, Madeline Roache, Robert van Roren, Psychiatry as a tool of coercion in post-soviet countries 2012-2017,
(Federation Global Initiative on Psychiatry, 2017).
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