The Unfinished Business of rT ansitional Justice:
Reparation of oF rmer Political Prisoners in Post-Communist Albania
that they have voted regularly and have been engaged in politics. The possibility to have a
meaningful role to play in the political process empowers them and facilitates reparation.
On the other hand, the majority of them are disappointed by politics generally and express regret
that reparation of former political prisoners was heavily politicized and used for political gains.
One interviewee declared that “politics has considered us as being in their pockets, therefore, it
has treated us like that”.107
Let it be a government of horses if people live well if the constitution is respected, I first
will say long life to horses. I am for a fair state, a rule of law state [...] they (politicians) have
intervened in the electoral law, and do not recognize the resignation, they do not want to
resign from their chairs.108
Need for Justice
One important question in transitional justice processes is how do victims perceive the
relationship between reparation and justice? Can reparation be perceived as justice in itself? UN
Basic Principles and Guidelines emphasize that the victim’s right to remedy encompasses access
to justice. Bringing to justice the persons responsible for the violations are included under the
principle of Satisfaction.
Olsen et al explain that there are four main theoretical approaches to transitional justice and human
rights violations.109 The “maximalist” approach advocates the highest level of accountability
through human rights trials and perpetrator-focused retributive justice. A “moderate” approach
advances truth commissions as an alternative, victim-oriented restorative justice mechanism
that holds perpetrators accountable through non-judicial processes. A “minimalist” approach
warns against accountability, contending that amnesty provides the stability necessary to
nurture democracy and human rights regimes.
This study tried to understand the perception of political prisoners and the role it plays in their
overall reparation. Overall, there was a strong feeling among interviewees that communist
crimes should be punished and responsible individuals held accountable. While discussing the
punishment of perpetrators most of the interviewees bought up the German case as an example
of the punishment of those responsible for the crimes.
In my opinion, those who acted as spies, etc, should not be punished, because they are
victims of the regime. No one has been involved willingly, they have been forced. The
prosecutors and police operatives, in the end, have fulfilled their duty, but those who have
crossed the line should be punished. For example, my prosecutor in Shkodra has tortured
people in violation of the law. These people should be arrested and punished. While for
me the key responsibility rests with the elite that has steered the politics. Unfortunately,
they were convicted but instead were promoted in positions and to tell the truth this is
serious…110
[The Communist regime] has been a system that must be punished, in that time Albania
signed the Helsinki Declaration to have political trials, however, they were punished for
ordinary crimes. Many members of the politbureau were later declared innocent, instead,
they should have been punished for genocide. They should have been punished to have
107.
108.
109.
110.
Zenel Drangu
Ylber Merdani
Tricia D. Olsen et al, ‘The Justice Balance: When Transitional Justice Improves Human Rights and Democracy’ (2010) 32 HRC 4
Gjeto Vucaj
47
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