Albania: Law No. 7600 of 1993 on Some Amendments to Law No. 7514, dated 30 September 1991 "On Innocence, Amnesty of Ex-Convicted and Political Persecuted"

On the basis of article 16 of Law No. 7491 "On Main Constitutional Provisions" and upon the proposal of a group of deputies

PEOPLE'S ASSEMBLY OF THE REPUBLIC OF ALBANIA

DECIDED

Article 1

Article 1 is changed as hereafter:

Are considered innocent and are declared not convicted to a moral, political and economic effect all persons tried for political crimes, as well as the Albanians handed over to Yugoslav courts on the same motives.

Are considered innocent the persons who died under inquiry, shot without trial, killed in clashes with the forces of the dictatorship and in border for political reasons, as well as those who have been convicted for calumnies and abuses against the highest state and party organs, for violation of Decree no.7459, dated 22.01.1991 "On Observation and Protection of Monuments Relative to the National History and State Symbols", for violation of Decree no.7408, dated 31.07.1990 "On Meetings, Gatherings and Manifestations in Public Places" up to 22 March 1992.

Do not benefit from this law:

The ex-high ranking state and party officials sentenced for crimes against the state, in accordance with the definitions to be given by the Council of Ministers.

These persons enjoy the right to appeal to court for cause retrial to prove their activity against the communist dictatorship.

Each political-social force, state organ, grouping of people or individual may apply for retrial of terror and anti-Albanian activity cause, so that to exempt a political convict from benefitting from this law.

Article 2

Article 2 is changed as follows:

Are declared innocent all Albanian citizens who have fled Albania during the war or after Liberation up to 8 May 1990, due to their convictions or political activity.

Article 3

To Article 5 the following is added:

1.   To item "a" after the second paragraph is added:

To the effect of benefitting from pension fund, the detention time should be considered twofold.

2.   Before item "d" it is added:

The ex-political convicted are given indemnification for the detention time in prisons or work camps, in accordance with the regulations to be decided in special dispositions and in line with international criteria, as well as the difference of pension as from the time when they were given the right to it.

The pension fund right is acknowledged to the children of ex-political convicted who follow their studies irrespective of their age.

3.   Before item "dh" it is added:

The indemnification for detention time in prisons or work camps, as well as the pension difference is given to the families of ex-political convicted who are no longer living.

They are acknowledged the right o confiscated properties, restitution or compensation in the same measure that other expropriated will benefit by special laws and decisions.

Article 4

In Article 7, after "executed without trial" these words are added:

"killed in clashes with the forces of the dictatorship and in the border".

Article 5

Article 7(a) is added:

The fact of being killed during clashes with the forces of dictatorship and in border and its motives is proved by a court decision and by a judgment of the "Ex-convicted and Political Persecuted Association".

Article 6

All legal dispositions which go contrary to law no.7514, dated 30.9.1991 "On Innocence, Amnesty and Rehabilitation of Ex-convicted and Political Persecuted" and to this law are out of force.

Article 7

This law enters into force immediately.

Proclaimed by the Decree No. 426, dated 16 January 1993 of the President of the Republic of Albania, Sali Berisha.