The Death Penalty in the OSCE Area 53
4.1
ALBANIA
Relevant International Instruments
92
Ratification Status92
R
International Instruments
ICCPR
Second Optional Protocol to the ICCPR
-
CRC
R
ECHR
R
Protocol No. 6 to the ECHR
R
Protocol No. 13 to the ECHR
S
Status: partly abolitionist
Legal Framework
The death penalty has been abolished for all peacetime crimes but is retained for
serious crimes committed in wartime or during a state of emergency.93 The Military
Criminal Code envisages the death penalty for a number of crimes if committed
during a state of emergency or during wartime.94 Women and individuals who were
below the age of 18 at the time of the crime cannot be sentenced to death.
The UN Human Rights Committee commended Albania for having abolished the
death penalty in 2000, and encouraged it to ratify the Second Optional Protocol to
the ICCPR.95
92
R = ratified, S = signed, a dash (-) indicates that the participating State has neither signed nor ratified the relevant
instrument.
93
94
95
Article 8(a) of the Military Criminal Code, Law No. 8003, 1955. Amended by Law No. 8991, 4 July 2002.
Articles 25, 26, 28, 34, 47, 50, and 77 of the Military Criminal Code.
Concluding observations of the Human Rights Committee: Albania, CCPR/CO/82/ALB, 2 December 2004,
para. 7.
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