Law on Communist Genocide
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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 Morality, moral principles or Social norm, 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 ce ...
and freedoms by the former
communist Communism (from Latin la, communis, lit=common, universal, label=none) is a far-left sociopolitical, philosophical, and economic ideology and current within the socialist movement whose goal is the establishment of a communist society, a s ...
governments of the Socialist People's Republic of Albania. 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 A politburo () or political bureau is the executive committee for communist parties. It is present in most former and existing communist states. Names The term "politburo" in English comes from the Russian ''Politbyuro'' (), itself a contraction ...
,
Central Committee Central committee is the common designation of a standing administrative body of Communist party, communist parties, analogous to a board of directors, of both ruling and nonruling parties of former and existing socialist states. In such party org ...
, 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 a ...
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 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 Comint ...
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 on power. OMRI Daily Digest II,
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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 on January 31, 1996. However some provisions of the law were stricken out. Basing on this law, former President Ramiz Alia, 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 c ...
. Some decried this application of the law as an example of double jeopardy. The law lasted only two years, because it was repealed during the
1997 rebellion in Albania The Albanian Civil War in 1997 was sparked by pyramid scheme failures in Albania soon after its transition to a market economy. The government was toppled and more than 2,000 people were killed. Various other sources also describe the violenc ...
, and eventually formerly banned politicians entered the coalition government.


References and notes

{{reflist Decommunization Anti-communism Legal history of Albania Repealed legislation