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TRANSITIONAL JUSTICE in ALBANIA a Compilation of Papers by Young Albanian Researches 1 TRANSITIONAL JUSTICE IN ALBANIA A Compilation of Papers by Young Albanian Researches 1 TRANSITIONAL JUSTICE IN ALBANIA A Compilation of Papers by Young Albanian Researches TRANSITIONAL JUSTICE IN ALBANIA 2 A Compilation of Papers by Young Albanian Researches TRANSITIONAL JUSTICE IN ALBANIA A Compilation of Papers by Young Albanian Researches 3 TRANSITIONAL JUSTICE IN ALBANIA A Compilation of Papers by Young Albanian Researches DISCLAIMER: The papers are published with no significant editing of contents received. Any opinions expressed are solely those of the authors and do not necessarily reflect the views of the OSCE Presence in Albania and Konrad-Adenauer-Stiftung. TRANSITIONAL JUSTICE IN ALBANIA 4 A Compilation of Papers by Young Albanian Researches INDEX Romina Kali The effect of property laws on the process of the restitution and compensation in post-communist Albania, under the framework of Transitional Justice, p. 6 Mandrit Kamolli The Unfinished Business of Transitional Justice: Reparation of Former Political Prisoners in Post-Communist Albania, p. 30 Ilir Kalemaj Transitional Justice and Democratic Consolidation in post-communist Eastern Europe: Romania and Albania, p. 54 Valbona Ndrepepaj Lustration laws dealing with state administration in Albania, p. 76 Rikela Fusha The mental health system as a target of transitional justice: Mental Health reform in post-communist Albania, p. 98 Eglantina Reka Lustration and Vetting in post-communist Albania inter-linked with civic trust in governmental institutions, p. 120 Valbona Bezati Artwork in Albania: The process of transformation from propaganda tool before the 90s to TJ tool after the 90s, p. 144 Ejona Gjeci Lustration and civic trust on public institutions in Albania, p. 172 Arbora Aliaj Transitional Criminal Justice in Albania: The use of trials and criminal proceedings as a Transitional Justice Instruments, p. 190 TRANSITIONAL JUSTICE IN ALBANIA A Compilation of Papers by Young Albanian Researches 5 FOREWORD In 2019 - as part of a broader effort to foster the conduct of research and critical inquiry in the field of transitional justice, enhance academic analysis and contribute to a better-informed public and academic discourse on how to deal with the past - the OSCE Presence in Albania in collaboration with Konrad- Adenauer-Stiftung supported the development and implementation of a research programme on Transitional Justice in Albania. A number of young researchers were selected to embark on year-long studies on different topics of justice and transformation in Albania, including art during the communism time, lustration and vetting in the post-communist Albania, reparation of former political prisoners, etc. The Programme started with an intensive Autumn School in November 2018, which offered the researchers the necessary background on transitional justice methodologies, and was followed by continuous working on, and reshaping of the research topics based on literature review, collection and analysis of quantitative and qualitative data generated by State’s archive databases, public discussions in the media, archives of non-governmental organizations in the country and interviews with victims and witnesses of the violations of human rights in communist time. Under the guidance and support of highly regarded international and national experts, the researchers have been through a fascinating journey of learning and developing new skills on how to investigate Albania’s communist past and its effects on the contemporary society. The results of this intensive work were presented to an audience of young students of the University of Tirana in December 2019. The researchers had the opportunity to introduce their research concepts and findings to the students and engage in lively discussion on the current challenges in conducting research on transitional justice in Albania. The present compilation marks the completion of the program and gathers the outcome of the research efforts. It contains the research papers received by 8th of November 2019. This publication aims to promote the research on Albania’s communist past and transitional justice processes, leading to a better-informed and facts-based discourse with a wider and multi-angle focus, to further enhance public information and knowledge about the country’s Communist past, and to foster debate among students. The effects of property laws on the process of restitution and compensation 6 in post-communist Albania, under the framework of transitional justice. THE EFFECTS OF PROPERTY LAWS ON THE PROCESS OF RESTITUTION AND COMPENSATION IN POST-COMMUNIST ALBANIA, UNDER THE FRAMEWORK OF TRANSITIONAL JUSTICE Romina KALI The effects of property laws on the process of restitution and compensation in post-communist Albania, under the framework of transitional justice. 7 ABSTRACT This research aims to study the legal effects that were produced and continue to be produced by property laws on the process of restitution and compensation of properties in post-communist Albania, under the framework of transitional justice. These are the laws drafted after 1990, starting with Law 7501/1991 “On Land” and continuing with Law 7698/1993 “On the restitution and compensation of properties to former owners”, as amended and then repealed by other laws coming out. These laws were enacted with the aim of restoring property relations under and on the basis of respect for private property within democracy, the rule of law and human rights. However, what this paper aims to show is how important and effective these laws have been and still are in the transition of the post-communist Albania, how they achieved their purpose and how they affected the transitional justice process. INTRODUCTION Transitional justice consists of both judicial and non-judicial processes and mechanisms, including prosecution and facilitating initiatives in respect of the right to truth, delivering reparations, institutional reforms and national consultations.1 It is the full range of processes and mechanisms associated with a society’s attempt to come to terms with a legacy of large- scale past abuses in order to ensure accountability, serve justice and achieve reconciliation.2 These goals continue with the establishment of accountable institutions established under the law that operate under it, restoring respect for the rule of law, restoring people’s trust in them and increasing access to justice for the most vulnerable in society.3 In a free and democratic social order, where human rights and freedoms are respected and the rule of law is the foundation of this society, property is considered one of the fundamental rights. Resolving property issues is a guarantee of remedying the injustices that were done during Albania’s communist regime between 1945 and 1990. Such a guarantee, could only be secured by respecting and protecting this right, and in particular, by restoring the injustices committed and by striving to avoid other injustices. The treatment of this problem must be guided by constitutional principles such as legal certainty, clarity of legislation, public interest, fair remuneration, as well as principles of justice, proportionality and the social state. The right to property was one of the most violated rights during the communist system in Albania. During this period many initiatives were taken which amounted to legalized violations of property rights. Laws governing property ownership underwent radical changes and the non-existence of private property was constitutionally sanctioned. However, it was only after the fall of the communist system that they were declared illegal. In 1991, in order to remedy violations, several measures were taken consisting on the reparation of violations, restitution and compensation of property. However, the measures taken proved to be problematic, starting with Law 7501/1991 “On Land”, which was interpreted by the former owners, most of the Albanian society and even by the head of the political forces of that time4 as the law that brought all the problems that followed. It should be noted that this law was drafted and adopted by a pluralist parliament that still had the remnants of communism. This law resembled the agrarian reform and did not return the properties to former owners. Instead, it gave the land to those who used it, to the peasants. So, the correction seems to have begun with a new breach of property rights. Significant in giving positive effects to restitution and compensation laws, is the structure of the restitution process, how it is presented to individuals, how it is implemented, the legal 1. United Nations Approach to Transitional Justice Guidance Note of the Secretary-General. (March 2019). 2 2. United Nations Approach to Transitional Justice Guidance Note of the Secretary-General. (March 2019). 3. 3. https://www.ictj.org/about 4. Interview in the newspaper “Shekulli” with Mr. Sali Berisha, leader of the Democratic Party in the year when the law 7501 “On land” was adopted. 11.02.2014. http://shekulli.com.al/40279/ The effects of property laws on the process of restitution and compensation 8 in post-communist Albania, under the framework of transitional justice. measures taken and changes in laws, transparency, information, reporting, interactions and institutional coordination, legal deadlines, grievances, effectiveness, enforceability and what the consequences are. Through these measures, former owners first and foremost, see how much effort society and their state is making to repair violations.
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