DRAFT CONSTITUTION OF THE REPUBLIC OF ALBANIA - February 1995


PART TWO -- THE FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

Article 19

The right to Live

1. The right of every person to live shall be protected by law.
2. No one may be deprived of life, except by court decision for a very serious crime, willfully committed, for which the death penalty is provided by law.
3. The death penalty may not be given to young people who were under 18 years of age at the time the crime was committed or to women.

Article 20

Freedom of Expression

1. Freedom of expression of thought, of conscience and religion is inviolable.
2. No law may be issued that takes away or limits beforehand freedom of speech, the press or other means of communication, except in cases of the protection of the interests of children or human life.
3. Everyone is free to express his thoughts through speaking, writing or any other form of dissemination, but he is responsible according to law for the abuse of this freedom.
4. The right to be informed may not be denied by anyone.
5. Everyone is free to change his religion or beliefs as well as to practice them individually or collectively, in public or in private life, through a sect, education, practices or the performances of rituals.

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, or a service that results from any emergency condition or natural disaster that threaten human life or health.

Article 23

Personal Freedom and Security

1. No one may be detained or arrested without sufficient data and may not be kept in detention for more than 48 hours.
2. No one may be arrested without sufficient evidence.
3. A detained or arrested person must be informed immediately of the reason for his detention or arrest and within 48 hours be presented before a judge, who must make a decision within 48 hours.
4. An arrested person has the right to appeal against his arrest.
5. Every detained or arrested person has the right to communicate immediately with a lawyer.

Article 24

Prohibition of Punishment without Law

1. 1. No one may be accused or found guilty of a penal act which was not considered as such by law at the time of its commission.
2. A punishment more severe than that contemplated by law at the time of commission of a penal act may not be given.
3. A favorable penal law has retroactive effect.

Article 25

Presumption of Innocence

1. No one may be considered guilty until guilt is proven by a final judicial decision.
2. No one may be declared guilty on the basis of evidence collected in an unlawful manner.

Article 26

Procedural Criminal Guarantees

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

1.1 To be made aware, immediately and in detail, of the accusation that has been made;
1.2 To have sufficient time and facilities to prepare his defense;
1.3 To have the assistance, without payment, of an interpreter, when he does not speak or understand Albanian.
1.4 To defend himself or be defended with the assistance of a legal defender chosen by him and to communicate privately and freely with him, to be assured of defense without charge when he does not have sufficient means;
1.5 To require the appearance of witnesses, experts and other persons, who may explain the facts and to question them.

Article 27

Luck of Obligation to Accept Guilt

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

Article 28

The Right to be Heard in Court

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

Article 29

Prohibition of Being Judged Twice for the Same Offense

No one may be prosecuted, tried or punished more than once for the same criminal offence.

Article 30

The Right to Appeal

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

Article 31

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 punished because of a miscarriage of justice or is hurt by an unlawful administrative act.
2. No prisoner may be deprived of humane treatment and moral rehabilitation.

Article 32

Non-Infringement of private Life and Personal Dignity

1. The private life of a person and his dignity may not be infringed.
2. Data about the private life of a person may by collected only with his permission or when it is necessary to conduct investigations for a criminal act, or with the approval of the General Prosecutor when this is necessary for national security.
3. No one may be deprived of the right to become acquainted of the data collected about him, except by judicial decision to protect the interests of the criminal process or national security.
4. The use of personal data in conflict with the purpose for which it were collected is prohibited.

Article 33

Invulnerability of the Residence and the Person

1. Entry into a residence may be done without the consent of the person who lives in it only by judicial decision in the cases contemplated by law or without a judicial decision when it is necessary to avoid an immediate risk to human life and property or when a crime is being committed or immediately after its commission.
2. No one may have a personal search done except when entering or leaving the territory of the state or to avoid an immediate risk that threatens public security.

Article 34

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 criminal process or with the approval of the General Prosecutor when this is necessary for national security.

Article 35

The Electoral Right

1. Every citizen who has reached the age of 18 has the right to vote and be elected.
2. Citizens from whom the capacity to act has been taken away by judicial decision are excluded from this right.
3. The vote is personal, equal and secret.

Article 36

The Right to Organize

No one may be deprived of the right to be organized collectively for any lawful purpose.

Article 37

The Right of Assembly

1. Peaceful demonstrations without arms may not be limited.
2. Demonstrations in squares and places or public passage require prior approval of the competent organ, which may refuse approval only for well-grounded reasons that put public order and security at risk.

Article 38

The Right to Movement

1. Everyone has the right to chose his residence as well as to move freely to any part of the territory of the state, except when by law limitations are set for reasons of health and public security.
2. Everyone may freely leave the state and return. Leaving the state may be limited only as a security measure decided on by a competent organ in a criminal proceeding.

Article 39

Prohibition of Expulsion and Extradition

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

Article 40

Citizenship

1. No one may be have his Albanian citizenship taken away without his consent nor the right to give up his citizenship.
2. No person born of even one Albanian parent may be deprived of Albanian citizenship.
3. The conditions for obtaining citizenship and giving it up shall be regulated by law.

Article 41

Equality before the Law

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

Article 42

The Rights of National Minorities

1. Persons who belong to national minorities have the right to exercise, in full equality before the law, the fundamental human rights and freedoms. They have the right freely to express, preserve and develop their ethnic, cultural, religious and linguistic identity, to teach and/or be taught in their native language, and also to join together in social organizations for the protection of their interests and their identity.
2. No one may be obstructed from declaring or forced to declare his nationality.

Article 43

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.
2. Obtaining, enjoying and alienating property shall be regulated by law.
3. No one may be expropriated except for an important public interest and against due compensation.

Article 44

The Right to Work

Everyone has the right to earn the means of living by lawful work, to chose a profession, a place of work and his system of professional qualification.

Article 45

Labor Freedom

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

Article 46

The Right to Strike

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

Article 47

The Right to Social Security and Assistance

1. Everyone has the right of social security in old age or when he is unable to work, according to a system set by law.
2. Employees who are without work involuntarily have the right to assistance under conditions provided by law.

Article 48

Marriage and Family

1. Marriage and the family enjoy the special protection of the state.
2. The entering into and dissolving marriage shall be regulated by law.

Article 49

Protection of Children and Women

1. Children, the young, pregnant women and new mothers have the right to special protection by law.

Article 50

Health Care

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

Article 51

The Right to Education

1. No one may be deprived of free education, lasting not less than eight years.
2. Eight years of education is compulsory.
3. General secondary education is open to all.
4. The pursuit of professional secondary education and higher education may be conditioned only on professional criteria.
5. pupils and students also have the right to be educated in private schools.
6. University autonomy is recognized and shall be regulated by law..

Article 52

Freedom to Create

1. Everyone enjoys freedom to create in the fields of science, technics, literature and the arts.
2. Copyright shall be regulated by law.

Article 53

The Right of Petition

Everyone has the right, to make application to the competent organs, alone or together with others..

Article 54

Due Process

Freedom, property of the rights accepted by law may not be infringed without a properly ordered legal proceeding [due process].

Article 55

The Guarantee of a Fair Trial

1. The right to a just , public and speedy trial by a a competent, independent and impartial court may not be taken away from anyone.
2. The presence of the public and the information media may be limited during a trial, when the interests of public order or morality, national security, the private life of the parties or justice..

Article 56

Judicial Re-establishment of the Right

No one who has had a right recognized in this Constitution infringed may be deprived of the re-establishing the right in court.

Article 57

Temporary Limitation of Rights

The exercise of particular rights may be limited temporarily by law in the case of a declaration of war or a state of emergency, except for the rights contemplated by this Constitution in articles 18 (the right to life), 19 (freedom of expression and conscience), 20 and 30/2 (the right to human treatment), 21 (forced labor), 23 (prohibition of punishment without law), 24/1 (presumption of innocence), 26 guarantee against self-incrimination), 40 (equality before the law), 53 (the right to due process), 54 (the right to a fair trial) and article 55 (judicial re-establishment of a right).


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