TIRANA, April 14 – The Albanian parliamentary law committee has rejected several points included in the recent proposal by the government to introduce harsh prison sentences for violators of COVID-19 measures. During an online meeting on Tuesday, the Committee eased punishments for those who violate the quarantine by reducing prison sentences, but kept punishments unchanged for violators who may or have caused the death of a person by not complying with government order for quarantine.
The Committee reduced prison sentences for violators of quarantine to three years and added the possibility of imposing a fine instead, as opposed to the five-year sentence proposed by the government. Additionally, the punishment for suspects or infected persons who fail to comply with the quarantine order was changed to up to five years of imprisonment instead of 10.
However, the Committee did not ease punishments for violators of quarantine order who have caused serious consequences for someone’s health or life who may face up to 10 years prison time or violators who may or have caused the death of a person by not complying with government order for quarantine, who may face up to 15 years prison time.
Former Chairman of the Special Commission for Justice Reform, Fatmir Xhafaj, expressed concern over the proposed changes in the Criminal Code, claiming that they infringe human rights. According to Xhafaj, the government must be careful when drafting such proposals as “punishments must be proportionate, in the economical, social as well as psychological aspect.”
Last week, the Albanian government proposed to the parliament to make several change to the Criminal Code, by introducing harsh prison sentences of up to 15 years for those who violate the government-imposed measures under the state of emergency.
According to the proposal, the violation of government measures under a state of natural disaster were to be punished by fine or up to 6 months prison time, repeat violators are to be sentenced to a minimum of thirty days in prison, maximum one year.
Moreover, violators who caused the death of a person by not complying with government orders were to be sentenced from one to 5 years in prison, if the epidemiological investigation reveals that the person infected with coronavirus who lost his life, had contact with the person who violated the quarantine. If one did not comply with the quarantine order they would be punishable by fine or up to ten years in prison, while violators of quarantine order who caused serious consequences for someone’s health or life were to be sentenced from 3 to 10 years in prison.
Finally, violators who caused the death of a person by not complying with government order for quarantine were to be sentenced from 5 to 15 years in prison.
A group of thirty Civil society organizations expressed concern over the proposal, calling on the parliament to reject it. In a joint declaration released on Friday, the organizations stated that the proposal was inhumane, disproportionate and in violation of individual rights and freedom.
