DRAFT CONSTITUTION OF THE REPUBLIC OF ALBANIA - November 1994


PART TWO -- THE FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

Article 19

The right of life

1. The right of every person to live is protected by law.
2. No one may be deprived of life except in the execution of a judicial decision for en extremely serious crime performed willfully and for which the death penalty is specified by law.
3. The death penalty may not be given to young people who at the time of commission of the crime were under 18 years of age or to women.

Article 20

Freedom of expression of thought

1. freedom of expression of thought is inviolable.
2. No law may be issued that limits beforehand freedom of speech, press, or other means of communication, except in cases of the protection of the interests of children or of human life.
3. Everyone has the right to express his thoughts through speech, writing or any other means of dissemination, but he is responsible before the for the abuse of this right.
4. No one may be deprived of the right to be informed.
5. The exercise of these rights and freedoms may not be limited, except in cases provided by law that are considered necessary for the interests of national security, the protection of public order and security, the prevention of crime, the protection of health and morals, the honor and rights of others, the prevention of the release of information received in confidence, and also to guarantee the authority and impartiality of the judicial power.

Article 21

Prohibition of Torture

No one may subjected to torture or inhuman or degrading punishment or treatment.

Article 22

Prohibition of Forced Labor

No one may be required to perform forced labor, except in cases of execution of a judicial decision, the performance of military service, a service that results from any emergency situation or natural disaster, which threaten human life or health.

Article 23

Personal Freedom and Security

1. Human freedom and security are inviolable.
2. No one may be detained or arrested without sufficient data.
3. No one may be detained for more than 48 hours.
4. A detained or arrested person must be informed immediately of the reason of this detention or arrest and within 48 hours be presented before a judge, who must decide within 48 hours.
5. Every detained or arrested person must be informed, in case of detention or arrest, that he has no duty to make any statement and that he has the right to communicate immediately with a lawyer.
6. An arrested person has the right to appeal his arrest in court.
7. The maximum time of pre-trial imprisonment shall be set by law.

Article 24

Prohibition of Punishment without Law

1. No one may be accused or found guilty of a criminal ct that was not considered such by law at the time of its performance.
2. A more severe punishment than that contemplated by law at the time of performance of a criminal act may not be given
3. A favorable penal law shall have retroactive.

Article 25

Presumption of Innocence

No one may be considered guilty until his guilt is proven by a final judicial decision.

Article 26

Procedural Penal Guaranties

During the penal process, no one may be deprived of the right:

a) to be made immediately and fully aware of the accusation that has been made;

b) to have sufficient time and facilities to prepare his defense;

c) to have the assistance, without payment, of a translator, when he does not speak or understand Albanian.

d) To defend himself personally or with the assistance of a legal defender selected by him, to communicate freely and privately with him, and also to be provided with free legal defense when he does not have sufficient means;

dh) to question witnesses present and require the presentation of witnesses, experts, other persons, or documentary evidence, which may explain the facts.

Article 27

No Obligation to Confess Guilt

No one may be compelled to testify against himself or to confess his guilt.

Article 28

Invalidity of Illegal Evidence

No one may be declared guilty on the bases of unlawfully collected evidence.

Article 29

The Right to be Heard in Court

No one may by deprived of the right to be heard in court before being sentenced.

Article 30

Prohibition of Adjudication Twice for the Same Act

No one may be judged or punished more than once for the same criminal act, except when the re-adjudication of the question is ordered by a higher court.

Article 31

The Right to Appeal

Everyone has the right to appeal a judicial decision to a higher court.

Article 32

The Right to Rehabilitation and Indemnification

1. No one may be deprived of the right to be rehabilitated and indemnified in accordance with law if he is injured by a failure of a proper exercise of justice or is hurt by an unlawful administrative act.
2. Everyone has the right of indemnification in accordance with law for damage he has suffered from the acts of others.
3. No arrested or imprisoned person may be deprived of humane treatment and moral rehabilitation.

Article 33

Non-Infringement of private Life and Personal Dignity

1. The private life and dignity of a person may not be infringed.
2. Data about the private life of a person may by collected only with his permission or when necessary to perform investigation for a criminal offence or with the approval of the competent state organ specified by law when this is necessary for national security.

The collection, handling and final use of personal data, as well as supervision and maintenance of secrecy of these data, shall be regulated by law.

3. No one may be deprived of the right to become aware of the data collected about him, except when there is a judicial decision to protect the interests of the penal process or national security.
4. The use of personal data contrary to the purpose for which it was collected is forbidden.

Article 34

Invulnerability of the Residence and the Person

1. The residence is inviolable. Entry into the residence may be done without the permission of the person lives in it only by judicial decision in cases contemplated by law or even without this decision in order to avoid an immediate risk to life, human health, to property or when a crime is being committed or immediately after its commission.
2. No one may be subjected to a personal search except when entering the state or leaving it or to avoid an immediate risk that threatens public security. A personal search may be done only by the state organs specified by law.

Article 35

Secrecy of Correspondence

The secrecy of correspondence or any other means of private communication may not be infringed except with a judicial decision to protect the interests of the penal process or with the approval of the competent state organ specified by law when this is necessary for national security.

Article 36

Freedom of Thought, Conscience and Religion

1. Freedom of thought, conscience and religion are inviolable.
2. Everyone is free to change his religion or beliefs and to practice them individually or collectively, in public or private life, by means or worship, education, practices or the performance of rites.
3. The right to practice one's religion or beliefs may not be the subject of limitations other than those prescribed by law, which constitute necessary measures in the interest of public security, protection of public order, health, morals and human rights and freedoms.

Article 37

The Right to Vote and be Elected

1. Every citizen who has reached the age of eighteen has the right to vote and to be elected. Citizens from whom the capacity to act has been taken away are excluded from this right.
2. Arrested person as well as those who are serving a sentence of imprisonment have only the right to vote.
3. The vote is personal, equal and secret.

Article 38

The Right to Organize

1. No one may be deprived of the right to be organized collectively for any lawful purpose.
2. Limitations on the exercise of this right may be set by law for public employees.

Article 39

The Right of Assembly

1. Peaceful assembles without arms may not be restricted.

Assembles in squares and places or public passage may take place with the prior approval of the competent organ, which may deny the license only for well-grounded reasons that put public order and security at risk.

Article 40

The Right to Move

1. Everyone has the right to chose his place of residence and also to move freely in every part of the territory of the state, except when by law limitations are set for reasons of health and public security.
2. Each person may leave the state and return freely.

Article 41

Prohibition of Exile and Extradition

1. No Albanian citizen may be exiled.
2. Extradition is permitted only when it is expressly provided in international agreements to which the Republic of Albania is a party.
3. Collective deportation of foreigners is prohibited. The deportation of foreign individuals is permitted under the conditions set by law.

Article 42

Citizenship

1. No one may be have Albanian citizenship taken from him without his permission nor the right to give up his citizenship.
2. The conditions of obtaining and giving up citizenship shall be regulated by law.

Article 43

Equality before the Law

All are equal before the law, without distinction of sex, race, ethnicity, language, religion, economic and social conditions, political belief and parentage.

Article 44

Rights of National Minorities

1. Persons who belong to national minorities have the right to exercise, in full equality before the law, the basic human rights and freedoms. They have the right freely to express, preserve and develop their ethnic, cultural, religious and linguistic identity, to teach and be taught in their mother language, as well as to join together in organizations and societies for the protection of their interests and identity.
2. Nationality shall be set on the basis of accepted international norms.

Article 45

The Right to Private Property and Inheritance

1. No one may be deprived of the right to have private property alone or together with others, as well as the right to inherit. Obtaining, enjoying and alienating property, as well as the right of inheritance, shall be regulated by law.
2. No one may be expropriated, except for a public interest and against full compensation.

Article 46

The Right to Work

Each person has the right to earn his living with lawful work which he himself has chosen or accepted. He is free to chose his profession, place of work and also his system or professional qualification.

Article 47

Labor Union Freedom

Employees have the right to join together freely in labor organizations for the protection of their interests in work and social security.

Article 48

The Right to Strike

1. The right of employees to a strike that seeks the improvement of their working conditions, pay or any other benefit from work may not be limited.
2. Conditions and rules for the exercise of this right shall be set by law, as well as guarantee to assure necessary social services.

Article 49

The Right to Social Assistance and Security

1. Everyone has the right of social security in old age or when he is unable to work, in accordance with a system set by law.
2. Employee who are unemployed involuntarily have the right to compensation under conditions specified by law.

Article 50

Marriage and Family

1. Everyone who has reached marriageable age has the right freely to chose a spouse and to create a family. Marriage and the family enjoy the special protection of the state.
2. Entering into and dissolving marriage shall be regulated by law.

Article 51

Protection of Children and Women

1. Children, the young, pregnant women and new mothers have the right to special protection by law.
2. Children born outside of marriage enjoy the same rights as children born from marriage.

Article 52

Health Care

1. All enjoy in an equal manner the right to health care from the state.
2. Compulsory medical treatment shall be done only for the good of the patient in cases specified by law.
3. No one may be subjected to scientific or medical experimentation without his consent.

Article 53

The Right to Education

1. Everyone has the right to free education lasting not less than eight years.
2. General secondary education is open to all.
3. The pursuit of professional secondary education and higher education may be conditioned only on professional criteria.
4. pupils and students also have the right to be educated in private schools.
5. University autonomy is guaranteed.

Article 54

Freedom of Creativity and the Right of Intellectual Property

1. Each person enjoys freedom of creativity in the fields of science, technical subjects, literature and the arts.
2. Copyright shall be protected by law.

Article 55

The Right of Petition

Everyone has the right, alone or together with others, to direct requests, complaints or observations to the competent organs.

Article 56

Due Process

Freedom, property of the rights accepted by law may not be infringed without a proper legal process.

Article 57

Judicial Restitution of the Right

No one who has had a right recognized by this Constitution infringed may be deprived of the restitution of the right in court.

Article 58

The Guarantee of a Fair Trial

1. no one may have the right to a fair, public and speedy trial by a competent, independent and impartial court taken away.
2. Receiving the public and the media may be limited during a trial, when the interests of order or public morals, national security, the private life of the parties or justice requires it.

Article 59

Temporary Limitation of Rights

The exercise of particular rights may be restricted temporarily by law in case of a declaration of war or a state of emergency, except for the rights contemplated by this Constitution in articles 19 (the right to life), 20 (freedom of expression of thought), 21 (prohibition of torture), 24 (no punishment without law), 26 (procedural penal guarantee), 27 (no obligation to confess guilt), 36 (freedom of thought, conscience, and religion), 43 (equality before the law), 57 (judicial restitution of a right), and 58 (guarantee to a fair trial).


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