TOP Analysis, Prognoses and News about Greek - Albanian Relations and the Region.
Friday, May 11, 2012
EULEX, arrests in Albania?! 10/05/2012 19:45
Top Channel Tv
The majority and opposdition MPs have voted the draft law for
“jurisdictional relations in criminal matters” with the EULEX special
investigative task force.
The passing of this draft law
officially opens the green light to EULEX for investigating in the
Albanian territory about the claims that in the KLA hospitals that were
established in Burrel, Albania, there has been traffic of organs, as
claimed by the European Council rapporteur, Dick Marty.
the international legal experts are concerned about this law. Some of
them, when contacted by Top Channel, confirmed that this law directly
violates the rights and freedoms that the Albanian Constitution
guarantees to the Albanian citizens.
The problems start with
article 9 of this law, where the EULEX task force dictates the steps
that the Albanian judicial system should take:
authorities, in the case of criminal acts against humanity, war crimes
or other serious crimes against the values that are defended by the
international justice, the efforts for committing them and the
cooperation in committing these criminal crimes cannot reject the
request letters since they are criminal acts of political character”.
article is valued by the legal experts as an imposition of how the
Albanian judges should behave when in fact it is the EU that in all its
reports values and demands the judicial system to be independent. Even
article 15 of this law, for searches and arrests in the Albanian
territory is also concerning.
“The EULEX Special Investigative
Task Force has independent authority: to hear witnesses, experts and
persons who are accused in Albania; to observe sites; to receive other
evidence and keep any and all materials that are relevant for the
investigation and trial, according to this law. To undertake actions and
other activities that could be necessary for concluding the
investigation and preparing the development of the case, in full
accordance with the limitations set in point 4 of this article. These
actions can be undertaken for concluding the investigation and preparing
the development of the case in trial, even if these do not damage the
free will of the individual”, the document says.
experts comment this article as incomplete, because if the EULEX task
force arrests an Albanian citizen under the suspect of being involved in
organ traffic and than this person is found not guilty, due to an EULEX
error, the Albanian state must undertake his compensation.
point that raises suspicions and leaves too much space for
interpretation is the way how these people will be arrested in the
Albanian territory, which can be conducted in accordance with the
Albanian legislation, but on the same time, the law says that the
Albanian authorities can assist the task-force activity if the latter
The US greet the law
The US Embassy in Tirana
greeted the consensus found for the law that allows cooperation with the
EULEX Special Investigative Task Force sees this as a prove of
Albania’s commitment to the European integration and regional
“The investigation unit has the full support of the
United States. We expect a complete and correct investigation, held with
transparency and in full cooperation with the national and local
authorities”, says the declaration of the US Embassy.
EU welcomes Albania’s decision
EU Special Investigative Task Force (SITF) welcomes today's adoption by
the Albanian Parliament of a law on cooperation with the SITF.
Laas, Spokesperson for the SITF explains that this law that is inspired
by previous regional laws in cooperation with the International Court
of Crimes in Former Yugoslavia, proves that EULEX has the green light to
cooperate with the states in which the investigation field is extended.
is one of the states included in Dick Marty’s accusations about KLA
(Kosovo Liberation Army) and its leaders for human organ’s traffic
during the Kosovo war.