Rule of law/Human rights in Albania

Head of OSCE Presence, Ambassador Eugen Wollfarth, hands certificates to children participating in an anti-discrimination event co-organized with the Commissioner for Protection from Discrimination, Tirana, 11 April 2011. (OSCE/Joana Karapataqi)

Rule of law

The Presence assists the national authorities with legislative and judicial reform, and supports the development of an effective and transparent legal system. 

Legislative support

The Presence produced a report on the legal sector that looked at all major law-related institutions and offered recommendations on projects to increase transparency in courts and other bodies in the legal sector. It regularly provides comments on draft legislation, which is usually reviewed if it is of broad public interest or affects other projects being implemented by the Presence. It works to increase public participation in drafting legislation and has assisted the drafting of the State Police Law, the Law on the Office of Internal Control, probation legislation and secondary legislation to implement these laws.

The Presence supported the creation of the Office of the People’s Advocate and continues regularly to assist this institution. It also supports the Civil Service Commission with its efforts to increase professionalism and freedom from political interference, and has provided input on draft legislation to create administrative courts.

Judicial reform

The Presence’s Fair Trial Development Project has published three reports, which looked into courts in Tirana and major cities, as well as into criminal appellate proceedings. It is currently preparing a study based on a closer review of civil trial proceedings in courts.

The Presence follows the implementation of the Law on Protection of Witnesses and Collaborators of Justice and its secondary legislation. It holds a deputy chair position in the International Consortium Working Group on Witness Protection, which works with the police.

The Presence is also working on a project to raise the ethics standards of the judiciary and to modify legislation in order to provide effective remedies when ethics violations are noticed.

Human rights

Activities to promote minority rights are an important part of the Presence's work, particularly efforts to improve the situation of Roma people. In co-operation with its four Project Offices, the Presence assesses the conditions of pre-trial detention facilities and monitors the observance of prisoners’ rights to be treated with humanity, dignity and respect while in detention.

Working with civil society organizations, support was provided in the drafting of the Law against Discrimination. The Presence is helping to draft secondary legislation to help implement this law.
(Source  Presence in Albania )