Historical Development of Penitentiary Legislation in Albania

Abstract

This paper presents and analyzes the historical development of penitentiary legislation in Albania during the communist dictatorship and the period after the establishment of political pluralism and the victory of democracy in Albania.

During the communist dictatorship from 1944–1991, the legal regulation of the system of imprisonment for crimes committed was defective, and this led to arbitrary and abusive conduct on the part of the authorities. Where there was regulation it was largely politicized and ideologized and was therefore a powerful weapon in the hands of the proletarian dictatorship.

Also, during this time and up to the advance to democracy in Albania, a large number of prisons and labour camps were operated whose inmates were predominantly political prisoners.

In the period after the establishment of political pluralism and the advent in 1991 of Albania's fragile democracy until today, a considerable number of legal acts governing incarceration as a punishment have been approved. Also several conventions and other international acts in the field of fundamental freedoms and human rights, including rights of convicted persons have been ratified. But despite some tangible results this legislation has not led to acceptable penitentiary practices.