Human Rights Watch reminds Albania of investigating organ trafficking claim

TIRANA, April 21 – Human Rights Watch asked Albania to investigate alleged organ traffic, and also expressed its concern of the country’s application of the lustration law.
The HRW reminded Tirana of its last year’s letter calling for an investigation into Serbs missing after the Kosovo war in 1999.
The Albanian authorities have failed to investigate properly allegations that the Kosovo Liberation Army (KLA) abducted and transferred prisoners to Albania after the 1998-1999 Kosovo war, said an announcement by the human rights group.
The allegations first became public in 2008, when Carla Del Ponte, former chief prosecutor of the International Criminal Tribunal for the former Yugoslavia (ICTY), published her book, “The Hunt: War Criminals and Me.”
Human Rights Watch wrote letters to Albanian Prime Minister Sali Berisha and Kosovo Prime Minister Hashim Thaci on April 4, 2008 to request that they open investigations into the credible allegations. Neither government has replied.
After raising the issue again in February 2009 to Albania’s top officials, it received an offer to view the copy of the State Prosecutor’s file to see what steps the prosecutor had taken in the past. It has not been provided with the file yet.
Human Rights Watch is also troubled by the so-called “lustration law,” passed by the Albanian National Assembly on December 22, 2008. The law “on the lustration of the figure of high functionaries of the public administration and elected officials,” bans from government employment those who worked during the communist-era (1944-1990) in the secret police, the judiciary or prosecutors offices.
The law establishes an authority to examine the past of all government officials, including the president, members of parliament, judges extending up to Supreme Court and Constitutional Court, general prosecutors, mayors and diplomats.
The law’s adoption was opposed by the Albanian judges’ association, the European Union and the Council of Europe. Of particular concern are the broad categories of officials who may be affected, including those currently holding office, as well as the fairness and due process of the proceedings and the severity of the foreseen sanctions. Human Rights Watch is concerned about the law’s compatibility with the right to a fair hearing as laid down in article 14 of the ICCPR.
Only Parliamentarians from the ruling Democratic Party voted in favor of the law. Opposition parties are concerned that the ruling party might use the law to remove individuals from office for political purposes, including judges and prosecutors investigating high-profile corruption allegations against top government officials that have arisen in Albania over the past year.
Human Rights Watch hopes to see the upcoming Universal Periodic Review of Albania reflect the following recommendations directed to the Albanian authorities:
Conduct a prompt and independent investigation into allegations that the KLA illegally detained Albanians, Serbs and Roma from Kosovo in detention facilities in Albania, where the captives were beaten, tortured, and in some cases killed; Cooperate with ongoing investigations into the same allegations by the Council of Europe and Serbian War Crimes Prosecutor. Prosecute anyone in Albanian found to be complicit in such crimes, including those who gave the orders.
Introduce to parliament a comprehensive, all-inclusive anti-discrimination law, including protection against discrimination on the grounds of sexual orientation and gender identity.
Chinese Prime Minister Wen Jiabao also met with Berisha in Beijing. Wen Jiabao proposed that China and Albania strengthen exchanges and cooperation in fields such as the information and mineral industries. Berisha said he wants to deepen the Sino-Albanian friendship, and expand cooperation in economy, energy and culture.