uL stration and eV tting in post-communist Albania inter-linked
with civic trust in governmental institutions
Implementation of Genocide Law and Verification Law
The impementation of Genocide Law started in the late 1995 an in the early 1996. The trials
took place immediatly after the law approval and the sentences for the persons that commited
human rights violation during communism were hard sentences. The public interest were
very law. Human Rights Practices Report of US Deparment of State affirms that: “The appeals
court has reduced more than a dozen of the sentences given to high-level officials found guilty
of crimes against humanity in connection with the vast network of prisons and labor camps
under the Communist regime. The court reduced former chief of the Supreme Court Aranit
Cela’s and former general prosecutor Rrapu Mino’s death sentences to 25 years in prison each
and former head of the secret police Zylyflar Ramizi’s to life in prison. The Appeals Court also
reduced or commuted several other Communist officials’ sentences, although the head of the
Tirana Communist Party Llambi Gegprifti’s sentence remains at 20 years. On December 29, the
President issued a decree reducing in part or all of the sentences of 102 persons in prison for
various charges. The times reduced ranged from 6 months to 6 years off an individual’s sentence.
Former prime minister Fatos Nano’s sentence was reduced by 6 months under this decree”45.
Elez Biberaj, a well-known researcher about transition in Albania argues that: “dozens of
former senior Communist officials, including Alia and former Politburo members, were tried
and sentences to long prison terms. They were charged with crimes against humanity under
the new penal code, which allowed legal proceedings against crimes committed by the old
regime. The government insisted that the objective of the nomenklatura trials was to determine
responsibilities of the past abuses. However, there was some controversy, especially around
the question of whether the trials would bolster reconciliation or build a thirst for vengeance.
For those eager to forget the past, especially Sigurimi officials and former senior Communist
officials, the trials were a chilling reminder of the depth of Albanian’s continuing anguish. Yet,
the majority of Albanians, perhaps exhausted by the rapid shift in politics, appeared indifferent
to the fate of their former rulers”46. The Genocide Law and the trials conducted seems to be just
a show for the party in power to gain political advantages before election.
About the implementation of Verification Law, to Office for Democratic Institutions and
Human Rights Observation of the parliamentary election held in the Republic of Albania May
26 and June 2, 1996, were told by the Verification Commission that were “recommended the
disqualification of approximately 200 people as candidates in the election. Most disqualifications
were made under article 2c, relating to those persons registered in the list of Sigurimi (former
Secret Police) as past informers. Some 60 persons appealed to the Court of Cassation and nine
appeals were upheld. All others were rejected”47. For the Mission OSCE/ODIHR the candidates’
disqualification contradicts article 7.5 of the Copenhagen Document and the impartiality of
member of commission, the meetings were held in close doors and it was too short between the
decision of the court and the Election Day and could have left insufficient time for disqualified
candidates to make an appeal48.
Both laws Genocide Law and Verification law were sent in Constitutional Court from opposition
in 1996. The Court defined reasonable boundaries and responded to the moral requirements
of democratic society in Albania49. From the Verification Law No.8043/1995 was declared
unconstitutionality the provision that provided that journalists were subjected to control and
the provision according to which the Minister of Justice was permitted to make a request for the
45. U.S. Department of State Albania Country Report on Human Rights Practices for 1996
46. Biberaj, Elez, pg 180
47. Office for Democratic Institutions and Human Rights Observation of the parliamentary election held in the Republic of Albania
May 26 and June 2, 1996
48. Office for Democratic Institutions and Human Rights Observation of the parliamentary election held in the Republic of Albania
May 26 and June 2, 1996
49. Constitutional Court Decision No.1, dated 31.01.1996
133
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents