The law "On Genocide and Crimes Against Humanity Committed in Albania during the Communist Regime for Political, Ideological and Religious Motives" (Nr. 8001, September 22, 1995)"The OMRI annual survey of Eastern Europe and the former Soviet Union, 1995", , 1996,
pp. 149-150
the text of the introductory provisions of the law, translated from the "Official Journal of the Republic of Albania", no. 21, September 1995, pp. 923-924"Constitutional Watch: Country-by-country updates on constitutional politics in Eastern Europe and the ex-USSR
Winter 1996) was enacted in

Albania Albania ( ; sq, Shqipëri or ), or , also or . officially the Republic of Albania ( sq, Republika e Shqipërisë), is a country in Southeastern Europe. It is located on the Adriatic and Ionian Seas within the Mediterranean Sea and shares ...

with the purpose of expediting the prosecution of the violations of the basic

human rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...

and freedoms by the former communist governments of the

Socialist People's Republic of Albania The People's Socialist Republic of Albania ( sq, Republika Popullore Socialiste e Shqipërisë, links=no) was the Marxist–Leninist one party state that existed in Albania from 1946 to 1992 (the official name of the country was the People's R ...

. The law has also been referred to in English as the "Genocide law"This usage of the term "Genocide Law" is not to be confused with the application of Article 73 "Genocide" of the Criminal Code of the Republic of Albania, Special Part, Chap. 1, Crimes Against Humanity and the "Law on Communist Genocide". The law excluded, until December 31, 2001, from government, parliament and judiciary, and mass media positions any higher political officials who held office in Albania prior to March 31, 1991, i.e., who held higher positions in Communist Albania: members of politburo, Central Committee, parliament, as well as former

secret police Secret police (or political police) are intelligence, security or police agencies that engage in covert operations against a government's political, religious, or social opponents and dissidents. Secret police organizations are characteristic of ...

agents and informers."Eastern Europe at the Turn of the Twenty-First Century: A Guide to the Economies in Transition", by Ian Jeffries, , 2002
p. 72
/ref> It was similar to

decommunization Decommunization is the process of dismantling the legacies of communist state establishments, culture, and psychology in the post-communist countries. It is sometimes referred to as political cleansing. Although the term has been occasionally ...

efforts in other former

communist state A communist state, also known as a Marxist–Leninist state, is a one-party state that is administered and governed by a communist party guided by Marxism–Leninism. Marxism–Leninism was the state ideology of the Soviet Union, the Comi ...

s. A person may run for an office after an investigation of their "moral character" by a special state commission. The commission decision may be appealed before the Cassation Court. The law was effected a short time before the elections, and many candidates were prevented from standing, simply because the verification stages could not be carried out on time. The affected politicians claimed that it was intended to strengthen the hold of

Sali Berisha Sali Ram Berisha (; born 15 October 1944) is an Albanian conservative politician and former cardiologist who served as the second President of Albania from 1992 to 1997 and Prime Minister from 2005 to 2013. He is also the current chairman of ...

on power.

OMRI Omri ( ; he, , ''‘Omrī''; akk, 𒄷𒌝𒊑𒄿 ''Ḫûmrî'' 'ḫu-um-ri-i'' fl. 9th century BC) was, according to the Hebrew Bible, the sixth king of Israel. He was a successful military campaigner who extended the northern kingdom of ...

Daily Digest II, Open Media Research Institute
No. 186, 25 September 1995
/ref>"Freedom of Religion and Belief: a World Report", edited by Kevin Boyle and Juliet Sheen, , 1997
p. 263
/ref> An attempt to repeal the law basing on its alleged unconstitutionality was rejected by the

constitutional court A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...

on January 31, 1996. However some provisions of the law were stricken out. Basing on this law, former President

Ramiz Alia Ramiz Tafë Alia (; 18 October 1925 – 7 October 2011) was an Albanian politician serving as the second and last leader of the People's Socialist Republic of Albania from 1985 to 1991, serving as First Secretary of the Party of Labour of Alban ...

, previously amnestied, was imprisoned again, now on charges for

crime against humanity Crimes against humanity are widespread or systemic acts committed by or on behalf of a ''de facto'' authority, usually a state, that grossly violate human rights. Unlike war crimes, crimes against humanity do not have to take place within the ...

. Some decried this application of the law as an example of

double jeopardy In jurisprudence, double jeopardy is a procedural defence (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or similar) charges following an acquittal or conviction and in rare case ...

. The law lasted only two years, because it was repealed during the 1997 rebellion in Albania, and eventually formerly banned politicians entered the coalition government.

References and notes

{{reflist Decommunization Anti-communism Legal history of Albania Repealed legislation