rT ansitional Justice and Democratic Consolidation in post-communist aE stern uE rope:
Romania and Albania.
antagonism that has accompanied not just the 1990s but continues to this day (Kalemaj 2017).
As it pertains to reparative mechanisms, Albania undertook rehabilitation first through the
Amnesty Law in 1991. After the hunger strike from the politically persecuted prisoners, the
Innocence Law acquitted these (former) prisoners of any false charge based on their ideological
linings. But Albania never applied any form of property restitution for former political prisoners
and the chief reason for that was the application of the new Agrarian Reform and the infamous
7501 Law that distributed the land equally. Among other reparative measures that were undertaken
of importance was financial compensation through government issued securities (Alb-letra
me vlere), which soon become worthless but, in the beginning, could serve for privatization of
some of public enterprises. Regarding the verification trials as they were called, to certify the
real sufferers of conscience under the former regime and ways to compensate them there were
several forms to deal with. First, for those shot with court decision, the family would benefit the
financial compensation. Second, was the category of the political prisoners. Third, the category
of people shot without a court order after identification of bodies and data obtained from family
members and witnesses. In any case, we are talking only of financial compensation, but not
property restitution.
See the table below for a summary of transitional justice measures and how they have applied in
the Albanian case.
Table 2. Summary of competing theories in TRANSITIONAL JUSTICE and their main
instruments in Albania
Theory
Summary of what happened
Retributive
Limited Trials in immediate post-communist years
Vetting of former officials just starting (as we speak) - same
as in Romania
Restorative
Mostly rhetorical in level of political discourse
Truth Commission- same as in Romania
Reparative
Rehabilitation and Financial Compensation that started in
1991 and still Continues (also included treasure bonds/securities)
Lack of property restitution- Same as in Romania
Albania’s yet to be completed democratic consolidation
Albania fails the test of democratic consolidation even measured by regional standards. Albania
currently ranks as a partly free country with a hybrid democracy according to Freedom House
index. It has an Aggregate Freedom Score of 68 for year 2019 (Freedom House, 2019), while it has
further worsened in some indicators such as corruption. For example, in the last Transparency
International Report, Albania slid back in the ranking and now occupied place 99 among 180
countries with a poor score of only 36 out of 100 (Transparency International 2018). It specified
especially political corruption as a “serious and ongoing problem” in the country.
From its inception, Albania has had a “rocky road to democracy” (Biberaj 1999). This can be
at least partly explained through the disproportional impact that the former communist past
69
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents