Article 1
The democratic form and features of the Albanian state
1. Albania is a sovereign, independent and unitary Republic, with republican government.
2. The Republic of Albania is a legal, social and democratic state.
3. The source of all state power is free, universal, periodic and pluralist elections, as well as referendums.
Article 2
1. National sovereignty belongs to the people, who exercise it through representative bodies and referendums.
2. No one may call into question or restrict the citizenship and territorial integrity of Albania.
3. Any call to proclaim the independence of a part of Albanian territory is illegal.
Article 3
The principle of legality
1. The legality of state action is linked to the application of the constitution and the constitutional basis of the laws in force.
2. The implementation of laws is carried out on the basis of the constitution and in accordance with it.
3. State bodies, legal institutions, political parties and other organizations, as well as natural and legal persons, are obliged to respect the law and to submit to it.
Article 4
1. The state organization is based on the principle of separation of powers into legislative, executive and judicial.
2. State activity and constitutional bodies are exercised on the basis of balance and mutual control.
Article 5
Pluralism and political parties
1. Political life in the Republic of Albania is based on the principle of political pluralism.
2. Political parties are founded freely. Their organization must adhere to the principles of democracy and national interests.
3. Parties and organizations whose programs and activities are based on totalitarian methods, incite racial, religious, ethnic or regional hatred, use violence to seize power, or influence the secrecy of elections, are prohibited by law.
Article 6
The secular nature of the Albanian state
1. The Republic of Albania has not formalized any kind of barracks liberties.
2. No one may use religion for political and state purposes.
3. The use of religion for political activity is prohibited.
4. The production of religion for political purposes is prohibited.
Article 7
Care for the life and health of citizens
1. The Republic of Albania protects the life and health of every individual.
2. Every citizen, at the age set by law, is obliged to protect the health and life of others.
Article 8
Relations with the international community
1. The Republic of Albania, for the protection of peace and international security and of national interests, may take part in international and collective security systems.
2. The conditions for Albania’s participation in these systems, as well as certain limitations on the exercise of national sovereignty in this case, may be determined by law.
Article 9
International law and internal legality
1. All state bodies and citizens respect the norms of international law.
2. All international treaties and agreements ratified and proclaimed in accordance with constitutional provisions are part of the internal legal system of the Republic of Albania and apply directly, except in cases where they are not self-executing and their application requires the enactment of a law.
3. The fundamental human rights and freedoms recognized by international law are valid as directly applicable legal norms and, in case of conflict, take precedence over domestic laws.
Article 10
Direction and armed forces
The armed forces of the Republic of Albania and aviation and the distinguished police protect its integrity, constitutional system and democratic order.
Article 11
Direction and the Armed Forces
The armed forces, national security and the mobilized rear protect the territorial and republican interests of the country and uphold the constitutional order.
Article 12
1. The official language is Albanian.
2. Its use in public relations is determined by law.
3. The legal regime of national objects and public property is determined by law.
Article 13
National symbols
1. The emblem of the Albanian Republic shows, on a red background, the black two-headed eagle, the crown with the red star and the hilt of Skanderbeg’s sword.
2. The national flag of Albania is a red field with the black double-headed eagle in the middle.
3. The national anthem of Albania is the “Himni i Flamurit”.
4. Albania’s national holiday is 28 November.
Article 14
The capital of the Albanian Republic is Tirana.
Article 15
The right to vote and to be elected
1. Every citizen of the Republic of Albania enjoys passive and active suffrage at the age of 18.
2. Albanian citizens living in a foreign country also have the right to vote.
Article 16
1. Freedom of expression, the press and information by word of mouth, in writing or by other forms of communication, is one of the foundations of democracy.
2. Prior censorship and prior restriction of freedom of expression are prohibited, except by law.
3. Any restriction must be in accordance with international standards and applied only in the context of a democratic society.
Article 17
Prohibition of torture
No one may be subjected to torture, punishment or inhuman or degrading treatment.
Article 18
Prohibition of forced labor
No one may be required to perform forced labor except military service, its alternative civilian service, the execution of court decisions, the performance of work or service in cases of natural disasters, in a state of war and in a state of social danger, as well as obligations arising from a state of necessity.
Article 19
Personal liberty and security
1. The freedom and security of the individual are sacred.
2. No one may be arrested or imprisoned except in the cases and according to the procedure established by law.
3. No one may be deprived of liberty because he or she is unable to fulfill a contractual obligation.
4. Arrest for a criminal offense is permitted only when the offense is serious and no other measure is sufficient to ensure criminal proceedings.
5. The arrested person must be informed of the reasons for arrest at the moment it is carried out and brought before a judge within 48 hours.
6. The arrest must be reviewed by a judge within 72 hours of the beginning of execution.
7. The arrested person has the right to have a defender at every stage of the criminal proceedings and may communicate freely with him.
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Article 20
No punishment without law
1. No one may be accused and punished for a criminal offense that, for denin (?) in the place where it was committed, nor for a negligent criminal offense, committed after the birth of his innocence.
2. No punishment heavier than that prescribed by law at the time the consequence was committed may be imposed.
3. The criminal law is not retroactive.
3.1 [?] Favorable criminal law.
Article 22
Criminal procedural guarantees
Every person accused of a criminal offense has the right to:
a) be informed immediately and in detail of the nature of the offense with which he or she is charged;
b) have the time and opportunity necessary to prepare their defense;
c) defend themselves, have a defense lawyer of their choice, or when they do not have the means to pay for a defense lawyer and need defense, receive free assistance from an appointed lawyer;
ç) examine opposing witnesses and request the presentation and examination of favorable, factual witnesses;
d) receive, free of charge, the assistance of an interpreter when he or she does not understand or speak the language;
dh) address the judge directly;
e) have a public hearing, except in cases where it is held behind closed doors for reasons protected by law.
Article 23
No punishment for admitting guilt
No one may be compelled to deny against themselves or to admit their guilt.
Article 24
Innocence of unlawfully convicted persons
No one may be declared guilty on the basis of a conviction that is unlawfully unfounded.
Article 25
The right to be heard in court
No one may be convicted without having been heard before conviction.
Article 26
Prohibition of double punishment
No one may be punished twice for the same offense for which he or she has been tried and convicted in an Albanian or foreign court.
Article 27
Everyone has the right to appeal a judicial decision to a higher court of any jurisdiction or to a higher judge of the same body.
Article 28
The right to rehabilitation and compensation
No one may be rehabilitated without law; the rehabilitation of the innocent is not determined in a fair way and is full compensation according to law.
Article 29
Protection of private life and personal dignity
1. Every citizen has the right to have his private and family life, home, honor, reputation and identity protected.
2. Any infringement of this right is allowed only in cases provided for by law and in accordance with international standards.
3. No one may be subjected to secret checks and surveillance in the home, in accounts, in correspondence or in his or her means without a decision based on law.
Article 30
Inviolability of the home and person
1. The home is inviolable. Entry into a home against the will of the resident or without his or her consent may be carried out only in cases provided for by law or by order of the court.
2. No one may be subjected to secret checks and searches without respecting legal standards and a court decision.
3. No one may be searched, examined or subjected to inspections or wiretapping without a court decision based on law, except in the exceptional situations defined by law.
Article 31
The confidentiality of correspondence or of any other means of conveying news or private communication may not be violated except by judicial decision for
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PRESIDENT BERISHA STOPS IN VIENNA FOR THE WORLD CONFERENCE ON HUMAN RIGHTS
PRESIDENT BERISHA
STOPS IN
VIENNA FOR THE
WORLD CONFERENCE ON HUMAN RIGHTS IN
VIENNA
The representatives of the President of the Republic failed to launch it as dependent on the bitterness or power, a part of the editorial under-presence in Vienna.
At Rinas Airport, those who had gone to see him off were the Speaker of the People’s Assembly, Mr. Pjetër Arbnori, the Minister of Defense Safet Zhulali, Ambassador Aleksandër Meksi, the Minister of Culture Tefta Cami, the Ambassador of Albania to Italy, Professor Arben Puto, the Italian Republic (ATSH)
I shtënçaksonsapos (?)
I Shqipëri, zëpo kositë.
Tomorrow in 1, 2 and 3 you will read
"26 February 1951 - the night of the anti-national collapse in Tirana"
:
"26 February 1951-
the night of the
anti-national collapse in
Tirana"
The events of the failure of the living victims
and the killings, as well as the secret document
illuminating the politically uncovered
enverian case.
DRAFT CONSTITUTION OF THE REPUBLIC OF ALBANIA
CHAPTER I
FUNDAMENTAL PRINCIPLES
These are the leading articles...
These are the leading articles of the constitution-drafting institution
Mr. Aleksandër Meksi has sent you for publication the leading articles of the new constitutional provisions, together with a letter, in which he requests the comments and proposals of Albanians.
In response, the people, Albanians with love for the homeland and concern for it, will rightly make various remarks and suggestions for the future of the Albanian state. These remarks should be sent to the Special Parliamentary Commission to examine the new constitution of the country.
We are grateful to you for every comment
and suggestion you send. We invite you to write to us:
Assembly of Albania
4 Ismail Qemali Street
Chairmanship of the Special Constitutional Commission
Tirana 14
