40
The Unfinished Business of rT ansitional Justice:
Reparation of oF rmer Political Prisoners in Post-Communist Albania
I thought that they deprived us of the right to liberty but they deprived us of the right to
live as human beings.57
Reparation Measures After the Fall of Communism
As discussed, the violation of any human right gives rise to a right to reparation of victims.58
Whilst reparations are often understood as consisting of financial and material compensation,
the four components of the Basic Principles and Guidelines and data generated from interviews
confirm that reparation is a process that should encompass a set of mechanisms aiming to
address to the extent possible the consequences of wrongful acts.
The fall of the communist regime found most of the political prisoners starting their life from
scratch. When the anti-communist movement erupted, most victims were either in prison or
internal exile or were living quietly in obscure corners out of the way of the dictatorship. They
were not able to make their case because they had little contact with the elite, which – even after
the end of the regime - consisted almost entirely of members of traditionally communist families,
if not communist party members.59 The government democratically elected in 1991 in the first
multi-party elections started a reparation initiative for former political prisoners. The first law
adopted in 1991 states “the government will take all measures to compensate and rehabilitate all
persons who have been unjustly charged with violations mentioned in this law and provide for
them, with priority, material, and moral assistance to fully reintegrate into society”.60
Nevertheless, despite the aim of the law, the measures implemented in practice encompassed
a number of measures of financial and material nature far from ‘full reintegration in society’.
Interviewees explain that this reparation measures included: free university education for
former political prisoners and their family members; free housing, employment or where the
possible return of the previous profession; and some other minor privileges. The application of
this reparation policy was not consistent as some interviewees explain that they were unable to
receive a house. In other cases, some former political prisoners benefited from the reparations
they were entitled to by law due to personal connections or support from peers.
The rehabilitation of prisoners was not easy, not to say impossible. However the democratic
government that came in ‘92 to be fair, did as much as it could, gave each former political
prisoner a house, allowed their children to go to university without competition, handed
out treasury bills. Some were employed and some payments were distributed.61
To tell the truth political prisoners were not treated well. They accessed some measures
at the beginning like the right to study, but this was not direct support as it should have
been.62
Together with my wife, we requested to work again as teachers. We went back to work
as teachers […] But where are my lost properties? In my poetry book “The Abysses of
Disappointment” I speak about the aftermath of disappointment…63
Reparation is not what has been claimed all these years, the compensation. Compensation
is charity, these people should be morally lifted, their dignity should be restored because
they have been treated inhumanly. We are still perceived as enemies…64
57. Agim Hakacani (31 July 2019, Tirana)
58. UNGA, Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International
Human Rights Law and Serious Violations of International Humanitarian Law (Doc A/RES/60/147, 2006)
59. Fatos Lubonja, The False Apocalypse: From Stalinism to Capitalism (John Hodgson tr, Istrosbooks 2014)
60. Law no.7514, dated 30.9.1991 for the Innocence, Amnesty and Rehabilitation of Former Political Convicted and Prosecuted
61. Urank Kostreci (20 July 2019, Tirana)
62. Gjeto Vucaj (23 July 2019, Shkoder)
63. Ylber Merdani (chairman of Former Political Prisoners Association in Korca 14 July 2019, Korca)
64. Agim Hakacani (31 July 2019, Tirana)
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents