The Unfinished Business of rT ansitional Justice: Reparation of oF rmer Political Prisoners in Post-Communist Albania • Restitution referring to measures which “restore the victim to the original situation before the gross violations of international human rights law and serious violations of international humanitarian law occurred. • Compensation referring to financial compensation for economically assessable damage, as appropriate and proportional to the gravity of the violation and the circumstances of each case, resulting from gross violations of international human rights law. • Rehabilitation “should include medical and psychological care as well as legal and social services.” • Satisfaction is a broad category of measures, ranging from those aiming at a cessation of violations, to truth-seeking, the search for the disappeared, the recovery and reburial of remains, public apologies, judicial and administrative sanctions, commemoration and memorialization. • Guarantees of non-repetition is another broad category which includes institutional reforms tending towards civilian control of military and security forces, strengthening judicial independence. The basic principles and guidelines do not constitute an international instrument that can be ratified by States, nor do they create new legal obligations. Instead, they clarify and elaborate on the implications of relevant provisions of existing international human rights standards, some of which are legally binding on States. Therefore, there is a need to have national legislation that implements these obligations. Thus the right to reparation needs to be addressed by states in the domestic legislation. Following, the research will look at the legislative mechanisms implemented by Albania in the national law to address the reparation of victims. Whiles discussing reparations two important questions should first set the ground of discussion. What violations constitute grounds for reparation? And who is eligible for reparation, who are considered victims? The basic principles and guidelines address both questions. While under several international instruments any violation of provisions of these instruments may entail a right to an appropriate remedy, the basic principles and guidelines focus on gross violations of human rights as distinct from other violations. The basic principles and guidelines emphasis that there is no agreement on what constitutes "gross violation", nevertheless, it lists genocide, apartheid, systematic violation of human rights and a second category murder; torture; establishing or maintaining over persons a status of slavery, servitude or forced labor; persecution on social, political, racial, religious or cultural grounds in a systematic manner or on a mass scale; deportation or forcible transfer of population.16 “’Victims’ means persons who, individually or collectively, have suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights ....17 Reparation measure have provided to be a dynamic field of TJ, over time reparation forms have been developed including both material and symbolic measures. 16. UN Basic Principles and Guidelines 17. Ibid 33

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