Оговорки и заявления по Договору №:005 - Конвенция о защите прав человека и основных свобод

Характер декларации : Декларации, Расторжения, Отступления
По состоянию на 28/02/2021

Албания

Withdrawal of Derogation contained in the Note Verbale No. 129/20 of the Permanent Representation of Albania, dated 24 June 2020, registered at the Secretariat General on 24 June 2020 - Or. Engl.

The Permanent Representation of Albania to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and pursuant to Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms, informs that the emergency situation which necessitated a derogation from certain obligations under Article 8 and 11 of the Convention, as well as Articles 1 and 2 of Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms and Article 2 of Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms, ceased to exist. Consequently, pursuant to Article 15, paragraph 3, of the Convention, the Government withdraws the derogations from Article 8 and 11 of the Convention, as well as Articles 1 and 2 of Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms and Article 2 of Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms.

The Permanent Representation of Albania to the Council of Europe recalls that on 31 March 2020, it informed the Secretary General of the Council of Europe that following the announcement of the World Health Organization, on 24 March 2020 the Government of the Republic of Albania declared an emergency situation in the entire territory of the Republic of Albania for 30 (thirty) days which was subsequently extended. On 12 May 2020, the Permanent Representation of Albania to the Council of Europe informed the Secretary General on the decision of the Government to extend the period of the emergency situation until 23 June 2020.

Considering that the Government has decided not to extend the emergency situation in Albania, the measures chosen to prevent further spread of the Covid-19 and the continuous threat it poses to public health, which necessitated a derogation under Articles 8 and 11 of the Convention, as well as Articles 1 and 2 of Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms and Article 2 of Protocol no.4 to the Convention for the Protection of Human Rights and Fundamental Freedoms ceased to operate on 23 June 2020. Accordingly, the Government withdraws its derogations under the remaining Articles of the Convention and of Protocols thereto, and the provisions of the Convention are being fully executed again.
Период результата: 24/06/2020 -
Cтатьях, посвященных : 8, 15, 11

Communication contained in the Note Verbale No. 091/20 from the Permanent Representation of Albania to the Council of Europe, dated 12 May 2020, received and registered by the Secretariat General on 12 May 2020 - Or. Engl.

The Permanent Representation of Albania presents its compliments to the Secretary General of the Council of Europe and in reference to its Verbal Note 057/20 dated 31 March 2020, pursuant to Article 15 of the European Convention for the Protection of Human Rights and Fundamental Freedoms has the honour to inform the Secretary General on the developments with regard to the State of Natural Disaster declared on 24 March 2020 by the Council of Minister of Republic of Albania, due to the spread of COVID-19.

Taking into account the significant danger posed to public health, by the Decision No.18 of 23 April 2020, the Assembly of the Republic of Albania decided to give consent to the extension of the state of natural disaster, announced by decision no. 243, dated 24.3.2020 of Council of Ministers of the Republic of Albania. After the consent by the Assembly of the Republic of Albania, the Council of Ministers issued the decision No.342, dated 25.04.2020 “On an Amendment to the Decision No. 243 of the Council of Ministers of 24.03.2020 “On the State of Natural Disaster” ”. Pursuant to this Decision, the restrictions imposed by Decision No. 243 “On the State of Natural Disaster” shall remain in force until 23 June 2020 .

The Permanent Representation of Albania to the Council of Europe shall inform the Secretary General of the Council of Europe on the future developments with regard to the State of Natural Disaster and shall notify the Secretary-General when these measures have ceased to operate.

The Permanent Representation of Albania attaches to this Verbal Note the unofficial translations of the Decision No.18 of the Assembly of Albania of 23 April 2020 “On the Consent to Extension of the State of Natural Disaster”, and the Decision No.342 of the Council of Ministers of 25 April 2020 “On an Amendment to the Decision No.243 of the Council of Ministers of 24.03.2020 "On the State of Natural Disaster" ", as published in the Official Gazette No.77/2020.

Link to Decisions No. 18 of 23 April 2020 and No. 342 of 25 April 2020.


Период результата: 12/05/2020 - 23/06/2020
Cтатьях, посвященных : 8, 15, 11

Derogation contained in a Note verbal from the Permanent Representation of Albania to the Council of Europe, dated 31 March 2020, registered at the Secretariat General on 31 March 2020 - Or. Engl.

The Permanent Representation of Albania presents its compliment to the Secretary General of the Council of Europe and pursuant to Article 15 of the Convention for the protection of Human Rights and Fundamental Freedoms informs the following:

The World Health Organization on 11 March 2020 characterized COVID-19 as pandemic. Since the first case of COVID-19 was detected on the territory of Albania on 9 March, the Government has been taking measures to protect public health. On 11 March 2020, the Minister of Health and Social Protection, declared the epidemic state by Order no.156/2. Furthermore, the Minister of Health and Social Protection in order to protect the health of the population by the infection caused by COVID-19 approved some other measures. However, the increase in number of infected persons necessitated adoption of additional measures. On 15.03.2020 the Council of Minister approved normative Act No.3 “On taking special administrative measures during the period of infection caused by COVID 19”.

Furthermore, on 24 March 2020 the Council of Ministers of Republic of Albania decided state of natural disaster in order to ensure the containment of the spread of COVID-19 virus on the entire territory of Albania. The aim of the decision is to ensure epidemiological safety, restrict the spread of COVID-19 and ensure public health at national level. The Council of Ministers Decision restricted certain fundamental human rights and freedom enshrined in Articles 37, 38, 41, paragraph 4, 49 & 51 of the Constitution of Albania. The state of natural disaster starts on 24 March 2020.

The measures adopted by the Government, among others include, gradual restriction of air, land and sea traffic, suspension of education process, establishment of quarantine procedures and self-isolation, restriction of assembly, manifestation and gathering, restriction on the right of property, special regulation on public service delivery and administrative proceedings.

The Permanent Representation of Albania to the Council of Europe attaches to this Note the unofficial translation of the following documents: Council of Ministers Decision no.243, dated 24.3.2020 “On the declaration of the state of natural disaster”- Annex 1; Normative Act no. 3, dated 15.03.2020 “On taking special administrative measures during the period of infection caused by COVID-19 as amended ”and amendments dated on 24.03.2020 – Annex 2; and Order No. 156/2, dated 11.03.2020 “On the declaration of the state of Epidemic” and other Orders of the Minister of Health and Social Protection listed on Annex 3.

The application of measures taken by the Government gives reasons for the necessity to derogate from certain obligations of Republic of Albania under Articles 8 and 11 of the Convention for the Protection of Human Rights and Fundamental Freedom, Articles 1 and 2 of Protocol to the Convention for the Protection of Human Rights and Fundamental Freedom and Article 2 of Protocol No.4 to the Convention for the Protection of Human Rights and Fundamental Freedom.

Therefore, the Permanent Representation kindly asks that this Note Verbale be considered as notification for the purposes of Article 15 paragraph 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

The Permanent Representation of Albania to the Council of Europe will inform the Secretary General of the Council of Europe about future developments with regard to the emergency situation and will notify her when the state of natural disaster is lifted.

Annex 1
Annex 2
Annex 3

Период результата: 31/03/2020 - 23/06/2020
Cтатьях, посвященных : 8, 15, 11

Withdrawal of derogation contained in a Note Verbale from the Ministry for Foreign Affairs of Albania, dated 26 July 1997, registered at the Secretariat General on 24 October 1997 - Or. Fr./Alb.

The Ministry for Foreign Affairs of the Republic of Albania presents its compliments to the Secretary General of the Council of Europe and, referring to the content of Article 15.3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, has the honour of informing him that the People's Assembly of the Republic of Albania, when adopting the Law No. 8225 of 24 July 1997 "On the lifting of the state of public emergency in the Republic of Albania", decided to put an end to the state of public emergency in the whole territory of the country. As from that date, all the measures taken in application of the state of public emergency have ceased to have effect.
Период результата: 24/07/1997 -
Cтатьях, посвященных : 15

Derogation contained in a Note Verbale from the Ministry for Foreign Affairs of Albania, dated 4 March 1997, registered at the Secretariat General on 10 March 1997 - Or. Engl.

The Ministry for Foreign Affairs of the Republic of Albania presents its compliments to the Secretary General of the Council of Europe and, referring to the content of Article 15.3 of the "Convention for the Protection of Human Rights and Fundamental Freedoms", has the honour to communicate as follows :

I. In compliance with Article 16 of Law N° 7491, dated 29.04.1991, "On Principal Constitutional Provisions", on the proposal of the Government, the People's Assembly of the Republic of Albania took the decision to declare a state of public emergency. Such a situation will be general, covering the entire territory of the Republic of Albania. It started from March 2nd, 1997, 17.35 hours, and will continue up to the moment of the full reinstatement of constitutional and public order.

II. The imposition of the state of public emergency was forced because of the very extraordinary situation that was created in recent days in Albania. Some forces, making use of the protests and the despair of citizens who lost their money from the failure of financial pyramid schemes, organised groups of terrorists to perform violent actions. Without organising peaceful gatherings, these groups violated the law, the constitutional order, the life of the citizens, institutions and the territorial integrity of the country, creating thereby conditions to plunge Albania into a civil war. Being faced with these attacks of extreme violence, the police forces have preserved self-control, by taking only defensive positions and making no use of firearms, which avoided the prospect of a conflict with unpredictable consequences. A few days later, the situation had become extremely complicated, and reached a climax at the moment when the imposition of the state of emergency was being discussed.
Though the Government made a proposal, the People's Assembly, after a wide and public discussion, with the intervention of the President of the Republic, refused the proclamation of a public emergency and ordered the temporary placement of some army troops to help the police forces. With a view to having a dialogue and awaiting the response of the protestors, the Government resigned.
On March 1st, 1997, a communist armed rebellion broke out in Vlora and adjacent regions organised by the former Albanian communists and the former Albanian secret police, in collaboration with foreign secret services. Terrorist groups attacked the Southern cities to take power by force of arms. The target of their attacks were innocent people, municipalities, and the headquarters of the police; jails were broken and ordinary criminals and killers were armed, hundred of thousands millions of Leks were robbed from the banks; the houses of citizens and the shops of the businessmen were attacked. The clear aim was to terrorise the population, to paralyse and to take over power by force.

III. The process of proclamation of public emergency was carried out in full conformity with Albanian constitutional law, applying at the same time well-known international standards.
The state of public emergency was imposed only at the last moment, when it was judged that all possible ordinary means to re-establish the previous normal situation were exhausted. Law N°. 8194, dated 02.03.1997 "For the state of public emergency in case of grave infringement of the Constitutional and Public Order", Article 1, provides : "The State of Public Emergency in Case of Grave Infringement of the Constitutional and Public Order is considered such a situation when in the Republic of Albania or in some of its own parts, attempts are being made to violently overthrow the constitutional order, or the activity of State institutions is violently interrupted, when army and munitions deposits of Armed Forces, the factories of their manufacturing, as well as the State institutions in capital and districts are attacked, and when due to the criminal offenses against public order and security, the economic life and individual freedoms are gravely violated".
The procedure for the imposition of such public emergency followed that prescribed by the Article 16 of Law N°. 7491, dated 29.04.1991 "On Principal Constitutional Provisions", and Law N°. 8194, dated 02.03.1997, which respectively provide :

"The People's Assembly has these main competencies : ..... to impose ..... the state of public emergency ....." (Article 16.4);
"The state of public emergency is proclaimed through a decision of the People's Assembly ...." (Article 2).

The People's Assembly convened at a regular session and in full composition adopted that decision. In this case, no legislation, less still, constitutional changes, were made; only a legal act was approved in application of our Constitutional law "For the Human Rights and Fundamental Liberties", so much appreciated by experts within and outside the country.

IV. According to the Law N°. 8194, dated 02.03.1997 "For the State of Public Emergency in Case of Grave Infringement of the Constitutional and Public Order", in the event that the state of public emergency is announced, a regime of special measures is to be established. The Council of Defence lead all State activity to be aimed at dealing with the state of public emergency. Under that state of public emergency, the Republic of Albania took several measures derogating from its international obligations. Those derogations are made to the extent strictly required by the exigency of the situation, not inconsistent with our constitutional law "For the Principal Constitutional Provisions", nor with international treaties to which the Albanian State is a party, in particular the "Convention for the Protection of Human Rights and Fundamental Freedoms" and the "International Covenant on Civil and Political Rights". They were made only for a restricted period of time. These derogations consist of restricting some human rights and fundamental freedoms of individuals. With regard to that issue, Article 41 of Law N°. 7692, dated 31.03.1993 "For the Human Rights and Fundamental Freedoms", provides that "The exercise of some specific rights may be temporarily restricted by law in a situation of national emergency or war, with the exclusion of the rights provided for in Articles 1 (right to life) ..., 3 (abolition of torture), 6 (no enforcement to confess one's guilt), 19 (freedom of conscience and religion), 25 (equality before the law), 39 (judicial restitution of the right), and 40 (guarantee of a fair trial)".
According to the Law N°. 8194, dated 02.03.1997 "For the State of Public Emergency in Case of Grave Infringement of the Constitutional and Public Order", as well as the Law "On Some Measures in the Context of the State of Emergency", the specific restrictions on human rights and fundamental freedoms, entailed by these derogations from our international legal obligations, are as follows :

1. All armed rebels must hand over arms, munitions and explosives by March 3, 1997, 14.00 hours. After this deadline, the armed rebels in the battlefield will be shot without warning (Article 1).
2. All the gatherings in public places are forbidden (Article 6)
3. All activities of political, sport, cultural or trade union nature are forbidden (Article 6).
4. The free movement of people is forbidden during defined hours of the day (between 20.00 and 07.00 hours) (Article 7).
5. Illegal gatherings in public places shall be dispersed. In the event that it is impossible to carry out such dispersal by other means, the police units are entitled to use tear-gas, as well as firearms, to the extent indispensable to carry out their own duty according to the law (Article 6).
6. Limits are imposed on the freedom of press and information. Publication and distribution in the press and broadcasts on the radio of reports which stir up and call for violent actions against national security, the constitutional law, public security and the life of the individual are prohibited. Daily press and media are obliged to publish the full text of the official reports which are directly related to the state of emergency. Press organs are obliged to obtain an approval, prior to sale, of the material intended to be published, from the local staff responsible for execution of the state of emergency. The local staff has the right to suspend any publication which violates this provision (Article 4).

The imposition of restrictions on the exercise of freedom of speech and information was due to the fact that, besides the proclamation of the state of public emergency, in the creation of unrest an inciting role was played by a part of the local and foreign press. The press organs and the mass media, basing themselves on unconfirmed sources of Albanian reporters, gave false information and influenced psychologically groups of individuals to undertake destabilising actions. In this situation, the Albanian authorities, aiming to take full measures to prevent the deepening of the unrest and to calm down the situation, decided to impose some specific restrictions on the press.
Concerning the content of the restrictions, we have to emphasise that to this extent we do not prohibit the freedom of the press. On the contrary, even in cases when other freedoms are forbidden or suspended (gatherings), press organs or those of mass media can generally publish in a normal way, being subjected only to some procedures, rules or partial restrictions, as mentioned above. Foreign journalists are free to travel throughout the country. The foreign press is not subject to the above-mentioned restrictions.
In the imposition of these restrictions, and in their content and extent, all the provisions of the Albanian Constitutional Law "For the Human Rights and Fundamental Freedoms", have been strictly applied, which in its second Article envisages : "The freedom of expression may not be violated. Any prior censorship is prohibited. No law may be enacted to restrict the freedom of speech, press or any other mass media, except in those cases where the protection of children's interests or the lives of people are concerned. Everyone enjoys the right to freely express his opinions by speaking, writing or any other means of dissemination. The right to information may not be denied to anyone. The exercise of these freedoms and rights may not be restricted, except in those cases prescribed by law, which constitute necessary means in a democratic society in the interests of national security, territorial integrity, public safety and order, or for the prevention of crime, for the protection of health or morals, the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary". Supporting the content of our legislation, we can mention here the content of the European Convention on the Protection of Human Rights and Fundamental Freedoms, Article 10, which Albania ratified in August 1996.

The Ministry for Foreign Affairs kindly requests the Secretary General of the Council of Europe to consider this explanatory note on the Albanian situation as a formal document.

The Ministry for Foreign Affairs of the Republic of Albania will inform the Secretary General of the Council of Europe about other future developments.
Период результата: 10/03/1997 - 24/07/1997
Cтатьях, посвященных : 15

Declarations contained in the instrument of ratification of the Convention deposited on 2 October 1996 – Or. Engl.

The Republic of Albania declares that it recognizes the competence of the European Commission of Human Rights to receive petitions from any person, non-governmental organisation or group of individuals, claiming to be victims of a violation of the rights set forth in the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as in its Additional Protocols No. 1, No. 4 and No. 7, in cases when the violation of the rights guaranteed in these documents has occurred after they have come into force for the Republic of Albania.

The Republic of Albania declares that, on condition of reciprocity, it recognizes the jurisdiction of the European Court of Human Rights to interpret and apply the Convention for the Protection of Human Rights and Fundamental Freedoms, and its Additional Protocols No. 1, No. 4 and No. 7, in cases when the violation of the rights guaranteed in these documents has occurred after they have come into force for the Republic of Albania.
Период результата: 02/10/1996 - 31/10/1998
Cтатьях, посвященных : Ex-46, Ex-25


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