Human Rights Committee s3

CCPR/C/ALB/2

Human Rights Committee

Consideration of reports submitted by States parties under article 40 of the Covenant

Second periodic reports of States parties

Albania[*]

[25 August 2011]

Contents

Paragraphs Page

Abbreviations 4

I. Introduction 1–6 6

II. General information 7–12 7

III. Implementation of articles 1 to 27 of the Covenant 13–617 8

Article 1 Right to self-determination 13–24 8

Article 2 Human rights, protection and non-discrimination 25–43 10

Article 3 Equality between men and women 44–96 14

Article 4 Rights in emergency cases 97–98 26

Article 5 Restriction of rights 99–103 26

Article 6 Right to life 104–125 28

Article 7 Prohibition of torture and other cruel, inhuman or
degrading treatment or punishment 126–172 34

Article 8 Prohibition of slavery and forced labour 173–177 44

Article 9 Right to liberty and security of the person 178–194 46

Article 10 Right of the persons deprived of liberty 195–214 49

Article 11 Prohibition of imprisonment on ground of inability to
fulfil a contractual obligation 215 53

Article 12 Right to freedom of movement and choice of residence 216–228 53

Article 13 Expulsion of foreigners 229–239 55

Article 14 Equality of all persons before the courts 240–321 57

Article 15 Non retroactive effect of criminal law 322–325 71

Article 16 Right to recognition as a person before the law 326 72

Article 17 Right to respect of privacy and family 327–369 72

Article 18 Freedom of thought, consciousness and religion 370–380 80

Article 19 Freedom of expression 381–404 82

Article 20 Prohibition of the war propaganda and instigation of
national, racial and religious hatred 405–409 86

Article 21 Right to peaceful rallies 410–412 87

Article 22 Right to freedom of assembly 413–419 88

Article 23 Marriage and family 420–436 89

Article 24 Rights of children 437–498 94

Article 25 Right to participate in public life 499–525 101

Article 26 Equal and non-discriminative protection before the law 526–588 111

Article 27 Rights of ethnic, religious or linguistic minorities 589–617 122

IV. Implementation of the conclusions and recommendations of the Committee
(CCPR/CO/82/ALB) 618–666 138

Abbreviations

ACRTT Albanian Center for Rehabilitation from Trauma and Torture

AG Albanian Government

AGHR Albanian Group for Human Rights

AHC Albanian-Helsinki Committee

BMP Border and Migration Police

CAT Committee against Torture

CCEPT Committee of the Council of Europe for the Prevention of Torture

CCP Code of Criminal Procedures

CiE Council of Europe

DCM Decision by the Council of Ministers

DPEO Directorate of Policies for Equal Opportunities

EU European Union

FAO Food and Agriculture Organization of the United Nations

FP Family Planning

GA Government of Albania

GDP General Directorate of Prisons

GDSP General Directorate of State Police

HUC Hospital University Center “Mother Tereza” Tirana

IEPD Institution for Executing Penal Decisions

IIS Internal Inspection Service

ILO International Labor Organization

INSTAT Institute of Statistics

IOM International Organization for Migration

ISSH Institute of Social Insurance

ITAP Institute for Training in Public Administration

MAFCP Ministry of Agriculture, Food and Consumer Protection

MEFWA Ministry of Environment, Forestry and Water Administration

MES Ministry of Education and Science

MFA Ministry of Foreign Affairs

MH Ministry of Health

MI Ministry of Interior

MICS Multi-Indicator Cluster Survey

MJ Ministry of Justice

MLSAEO Ministry of Labor, Social Affairs and Equal Opportunities

MTCYS Ministry of Tourism, Culture, Youth and Sports

NATO North Atlantic Treaty Organization

NCMH National Center for Mental Health

NGO Non-governmental Organization

NMPT National Mechanism for the Prevention of Torture

NAPISAA National Action Plan for the Implementation of the Stabilization and Association Agreement

NPO Non-profit Organization

NRCVT National Reception Center for Victims of Trafficking

NSGE&FV National Strategy for Gender Equality and Family Violence

OPCAT Optional Protocol to the Convention against Torture

OSCE Organization for Cooperation and Security in Europe

PA People’s Advocate (Ombudsman)

PC Penal Code

RA Republic of Albania

SAA Stabilization and Association Agreement

STI Sexually Transmissible Infections

UNDP United Nations Development Programme

UNHCR United Nations High Commissioner for Refugees

UNICEF United Nations Children Fund

USAID United States Agency for International Development

WHO World Health Organization

I. Introduction

1. The Republic of Albania acceded to the International Covenant on Civil and Political Rights under Law No. 7510, dated 08.08.1991. This Covenant entered into force for Albania on 4 January 1992. Under Article 40 of the Covenant, Albania submitted in 2004 its First Report to the Human Rights Committee, which contained general information on the implementation of the articles of the Covenant. The Committee reviewed the First Report of Albania during its meetings No. 2228, 2229 and 2230 on 19 and 20 October 2004 and adopted the relevant conclusions in its meeting No. 2245 on 1 November 2004.

2. The Second Periodic Report was compiled in accordance with the specific guidelines of the Human Rights Committee on the compilation of periodic reports.

3. The Second Periodic Report contains updated information on the measures that the Government of Albania has undertaken pursuant to the Covenant in compliance with the obligations emanating from the provisions of Article 40. Through this Report, Albania presents the progress made during the years 2004–2010 and, more specifically, the amendments made to the legal and administrative terms for the implementation of the first 27 articles of the Covenant. The First Report and the measures for implementation contained in the conclusions and recommendations of the Human Rights Committee have also served as a point of reference for the compilation of this Second Periodic Report. For the purpose of collecting the most complete information on the implementation of the articles of the Covenant, as well as the conclusions and recommendations of the Human Rights Committee, this Report has addressed provisions of the laws endorsed prior to 2004 (according to the specific fields), which were not revealed in the First Report submitted by Albania. Likewise, this Report has also submitted different laws or specific provisions, which may have been in force before and during this period, but which are no longer in force, since they have been reviewed or amended.

4. Under the Order by the Prime Minister No. 201 dated 05.12.2007 on Setting up the Working Group for the compilation of national reports in the framework of the international treaties to which the Republic of Albania is a party, the Ministry of Foreign Affairs was tasked with compiling the Periodic Reports in cooperation with State institutions, so that they would reflect the current state of play, the progress achieved and the problems in the human rights field. This Second Report was prepared by the Ministry of Foreign Affairs in cooperation with central and independent institutions, according to their field of competence on the issues addressed by the Covenant. Under the Order of the Prime Minister, an Inter-Institutional Working Group was set up with the participation of representatives from central institutions (Ministry of Justice, Ministry of Interior, Ministry of Labour, Social Affairs and Equal Opportunities, Ministry of Education and Science, Ministry of Tourism, Culture, Youth and Sports, Ministry of Economy, Trade and Energy, Ministry of Defence, Ministry of Environment, Forestry and Consumer Protection, General Directorate of State Police, General Directorate of Prisons), State institutions (National Council of Radio and Television, Albanian Committee of Cults, Institute of Statistics, State Committee of Minorities), and independent institutions (People’s Advocate, Commissioner for Personal Data Protection, Central Electoral Commission) which contributed in providing the necessary information for the compilation of this Report.

5. Special attention in this Report is also devoted to the problems raised by the Human Rights Committee in the material drafted after the Albanian Government had submitted its First Report. To this end, the Report has also included replies to the comments and recommendations of the Human Rights Committee.

6. The Second Periodic Report on the implementation of the Covenant was adopted by the Council of Ministers in its Decision dated 22 June 2011.

II. General information

7. Albania has shown and continues to have an ongoing commitment regarding the continuous upgrading of the standards for the protection and observance of human rights and fundamental freedoms. A clear expression of Albania’s commitment is the ratification or the accession to almost all international human rights conventions. Albania has also acceded to the First Optional Protocol to the International Covenant on Civil and Political Rights under Law No. 9725, dated 7.05.2007, as well as the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty under Law No. 9726, dated 7.5.2007.

8. The Constitution of the Republic of Albania, as well as the ratified international treaties which are part of the domestic legal system, the laws and normative acts of the Council of Ministers and the sub-legal acts guarantee in practice the implementation of human rights. Albanian legislation which is under a continuous upgrading process is a guarantee for upholding human rights and fundamental freedoms, reflecting also the spirit of the Covenant.

9. The International Covenant on Civil and Political Rights, which after its ratification under the Constitution of RA has become part of domestic legislation, constitutes the underlying basis for the adoption of measures for respecting the rights defined therein.

10. During the period to which this Report refers, the priority of governmental policies has been Albania’s integration in the Euro-Atlantic structures, supporting the fulfilment of European standards through the observance and protection of human rights, political, social and economic transforming processes, the approximation of Albanian legislation with the acquis communautaire and others. An integral part of the process of integration in the European structures is also the improvement of the level of observance of human rights. Negotiations for the signing of the SAA between the EU and Albania were officially launched on 31 January 2003, whereas the signing of the Agreement was finalized on 12 June 2006, entering into force on 1 April 2009, after the ratification by the EU Member States. Albania submitted its application for EU membership on 28 April 2009 and in April 2010 it submitted the replies to the Questionnaire of the EU Commission. The issues covered by the Questionnaire address in detail the current situation in the country, with regard to the compliance with obligations in the context of the implementation of the SAA, the commitment to meet them in the future and the prospect of complying with the relevant standards. Albania has been engaged in implementing the recommendations of the European Commission and the fulfilling the obligations in the framework of Albania’s European integration, part of which is also the protection and respect for human rights and fundamental freedoms.

11. The Council of Ministers has adopted the National Action Plan for the Implementation of the Stabilization and Association Agreement (endorsed under Council of Ministers Decision No. 463, dated 5.07.2006, which is updated each year). The important elements of the Plan are the institution of legal and institutional reforms and reforms in the judicial system for providing and realizing human rights and fundamental freedoms, in compliance with international standards. This document defines also the short- and medium-term priorities of the GA concerning the observance of human rights and fundamental freedoms.

12. Thanks to the reforms undertaken in view of meeting international obligations, in April 2008, Albania received an invitation to join NATO and a year later, in April 2009, became a full-fledged member of the organization. This new reality encourages even further the institution of reforms in all areas compliant to the international commitments and engagements.

III. Implementation of articles 1 to 27 of the Covenant

Reporting period: 2004 to 2010

Article 1
Right to self-determination

13. Paragraph 1: Ensuring and observing the right of self-determination by the Albanian people in the Republic of Albania is achieved through the Constitution of RA, international acts to which Albania is party, as well as normative acts which are part of domestic legislation.

14. Paragraph 2: The economic aspect of the right of self-determination: the right of freely possessing natural resources and assets. Pursuant to ensuring property rights, the amended Law No. 9235, On the Restitution and Compensation of Property, dated 29.7.2004, was adopted. The object of this law is to regulate the right under the provisions of Article 41 of the Constitution, for the issues of the right of property arising from expropriations, nationalization or confiscation conducted under legal, sub-legal acts, penal decisions by the court or decisions taken under any other incorrect manner by the communist regime from 29.11.1944, and its compensation when the restitution of property under this law is impossible. Under this law, the proprietor is restituted without restriction for the immovable property and if restitution is impossible, proper compensation according to the provisions stipulated under the law is given.

15. Under the above-mentioned law, the sole agency that decides expropriation or restriction on exercising the property right is the Council of Ministers, which decides on expropriation at the request of the institution (State agency) in whose favour the expropriation is requested, upon the proposal of the competent Minister. Expropriation or restriction on the exercise of the property right is based on the principle of transparency, equality of nationals and protection of their own property interests and rights. Expropriation may occur in favour of the State, public or private juridical persons, foreigners or nationals, for the realization on their own part of a project, investment or object which, under this law, is of public interest.

16. The range of the right to the free possession of assets by Albanian citizens and the property right is also guaranteed for farming land, established as follows:

(a) Law No. 9244 On the protection of farm land, dated 17.06.2004, designed, among others, to harmonize the rights and benefits stemming from ownership of farm land, with the obligations and responsibilities for its protection and sustained usage (Article 1);

(b) Law No. 10263 On the usage and exploitation of uncultivated farm land, dated 08.04.2010, envisages the definition of rules and procedures for the use and exploitation of uncultivated farm land in order to ensure the economic function of the property, without infringing on the property right and the function under the law, in the context of rural and farm sustainable agricultural development (Article 1).