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Albania: Protection available to persons targeted in blood feuds from the government, police, judiciary and non-governmental organizations; effectiveness of protection measures (2005-2006)

Government

In April 2006, the Albanian Ombudsman told a visiting delegation of Norwegian immigration authorities that, despite some improvements in Albania's overall level of governance, Albanian authorities were unable to protect victims of blood feuds (ATA 25 Apr. 2006). The Director of the Tirana-based non-governmental organization (NGO) Human Rights in Democracy Center (HRDC) also stated that blood feuds continue, regardless of improvements, because the Albanian state remains somewhat ineffective (26 June 2006). Similarly, in correspondence sent to the Research Directorate, the Justice and Home Affairs Coordinator of the European Commission's delegation in Albania stated that the "very fragile" Albanian state had failed to control the blood feud phenomenon (EU 13 June 2006). In addition, a professor of History at Indiana University who is considered an expert witness in political asylum cases from the Balkans and who has authored several publications on twentieth-century Albanian history told the Research Directorate that the Albanian government has not taken any effective measures to combat blood feuds (14 June 2006). The Professor explained that government officials may be reluctant to become involved in blood feud cases for fear of becoming targets themselves (14 June 2006).

In correspondence sent to the Research Directorate, officials from both the European Commission and the HRDC stated that many children cannot go to school as a result of blood feuds (HRDC 26 June 2006; EU 13 July 2006). According to the Justice and Home Affairs Coordinator of the European Commission in Albania, "hundreds of children...do not attend school, having the fear of being targets and victims of blood feuds" (ibid.).

Government efforts relating to blood feuds have reportedly focused on prevention rather than assistance to affected families (HRDC 26 June 2006). In 2003, the Albanian parliament passed a law entitled On the Dispute Resolution through Mediation, outlining who is eligible for blood feud mediation, who can work as a mediator and how the mediation process is conducted (Albania 26 June 2003). The full text of the law can be accessed on the Web site of the Albanian Foundation for Conflict Resolution and Reconciliation of Disputes (AFCR) (AFCR n.d.a). Information on the effectiveness of this law could not be found among the sources consulted by the Research Directorate within time constraints.

Police

According to the United Kingdom (UK) Home Office, police protection is available to Albanians targeted in blood feuds (UK 12 Jan. 2006, para. 3.6.6). In order to investigate a case, police officers require that a complaint be filed; however, some targeted individuals are reportedly reluctant to file complaints since they feel that this could increase their risk of being attacked by potential avengers (CNR 18 June 2006; BBC 23 Sept. 2005). Although police officers have been known to assist in the reconciliation processes between feuding parties on occasion, a representative of the Tirana-based Committee Committee on Nationwide Reconciliation (CNR) explained that police intervention in such conflicts tends to aggravate the situation and can put a police officer's life at risk (CNR 18 June 2006). The Professor of History corroborated this information, stating that police officers prefer to abstain from addressing blood feud cases out of fear of becoming targets themselves (14 June 2006). In some cases, police reportedly advised targeted persons to temporarily leave an area (AHC 20 June 2006), although further information on this approach or its effectiveness could not be found among the sources consulted by the Research Directorate.

Judiciary

Legislation directly relating to blood feud murders could not be found among the sources consulted by the Research Directorate within time constraints. The Representative of the CNR stated that a person found guilty of a blood feud murder could face incarceration for a period of 25 years to life (CNR 18 June 2006). This was corroborated by article 78 of the Criminal Code of Albania which stipulates that homicide committed in the context of blood feuds can be punished by 25 years to life imprisonment (Albania 27 Jan. 1995, Art. 78). In addition, article 83(a) of the Criminal Code stipulates that a "[s]erious threat of revenge or blood feud to a person or minor [causing them] to stay isolated is punished by [a] fine or up to three years of imprisonment" (ibid., Art. 83(a)).

According to the CNR Representative, courts have been known to release alleged blood feud killers who had been apprehended by police (18 June 2006). The Professor also noted that there had been both a witness protection program and a Crimes Court in Albania, although neither were operational as of June 2006 since subsidiary legislation had still not been passed (14 June 2006). Furthermore, courts decide not to get involved with a blood feud case in order to avoid any potential dangers that they could face as a result of their involvement (Professor of History 14 June 2006).

Non-governmental organizations

Several non-governmental organizations (NGOs) provide assistance to those targeted in blood feuds and their families by mediating conflicts or offering legal advice (AHC 20 June 2006; see also HRDC 26 June 2006). For example, AFCR works to reconcile conflicts and disputes between individuals and groups through mediation (ECCP n.d.). AFCR has nine mediation centres located in the following cities: Berat, Burrel, Diber, Gjirokaster, Korca, Rreshen, Shkoder, Tirana and Vlore (AFCR n.d.b). AFCR also operates a network of mediators in thirteen districts of Albania (ibid. n.d.a). The CNR is another NGO that assists those targeted by blood feuds and it has sent blood feud cases to the European Court of Human Rights (CNR 18 June 2006). Missionaries have also attempted to reconcile blood feuds in Albania (ibid.; HRDC 26 June 2006).

The Professor noted that appealing to NGOs to help resolve particular blood feuds only works if all parties involved agree to take this approach (14 June 2006). According to the Justice and Home Affairs Coordinator of the European Commission delegation in Albania, the work of NGOs has not improved the situation of blood feuds (EU 13 July 2006), although this opinion could not be corroborated by the Research Directorate.

Effectiveness of protection measures

HRDC reported that the number of blood feud murders recently declined even despite a lack of collaboration among the government, NGOs, local power structures, religious institutions and political parties on the issue of blood feuds (HRDC 26 June 2006). This information contrasts with the information provided by the Professor who stated that blood feuds did not decrease following the July 2005 election (14 June 2006). However, recent statistics on blood feuds in Albania could not be found among the sources consulted by the Research Directorate.

The Representative of the CNR stated that funds donated by the international community to eradicate blood feuds have been ineffective (18 June 2006). Further information on the effectiveness of the work of the government, police, judiciary and NGOs on the prevalence and protection of those involved in blood feuds could not be found among sources consulted by the Research Directorate.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

Albania. 26 June 2003. Parliament of the Republic of Albania. On the Dispute Resolution Through Mediation (No. 9090). (Albanian Foundation for Conflict Resolution and Reconciliation of Disputes Web site) <http://www/afcr-al.org/english/other/legal.shtm> [Accessed 14 Sept. 2006]
_____. 27 January 1995. People's Assembly. Criminal Code of the Republic of Albania. (Legislationline Web site) <http://www.legislationline.org/upload/legislations/0f/55/d46a10bcf55b80aae189eb6840b4.htm> [Accessed 15 Sept. 2006]

Albanian Foundation for Conflict Resolution and Reconciliation of Disputes (AFCR). N.d.a. "Geographical Coverage." <http://www.afcr-al.org/english/other/geographical.shtm> [Accessed 5 June 2006]
_____. N.d.b "Mediation Centers." <http://www.afcr-al.org/english/profile/contacts.shtm> [Accessed 5 June 2006]

Albanian Helsinki Committee (AHC). 20 June 2006. Correspondence from the Executive Director.

Albanian Telegraphic Agency (ATA). 25 April 2006. "Albanian Ombudsman Meets Representatives of Norwegian Immigration Authorities." (Factiva)

British Broadcasting Corporation (BBC). 23 September 2005. "Blood Feuds Blight Albanian Lives." <http://news.bbc.co.uk/go/pr/fr/-/2/hi/europe/4273020.stm> [Accessed 14 July 2006]

Committee of Nationwide Reconcilation (CNR). 18 June 2006. Correspondence from a representative.

European Centre for Conflict Prevention (ECCP). N.d. Searching for Peace. (Global Partnership for the Prevention of Armed Conflict Web site) <http://www.gppac.net/> [Accessed 5 June 2006]

European Union (EU). 13 July 2006. European Commission, Albania. Correspondence from the Justice and Home Affairs Coordinator.

Human Rights in Democracy Center (HRDC). 26 June 2006. Correspondence from the Director.

Professor of History, Indiana University. 14 June 2006. Telephone interview.

United Kingdom (UK). 12 January 2006. Home Office, Immigration and Nationality Directorate (IND), Country Information and Policy Unit. "Operational Guidance Note – Albania." <http://www.ind.homeoffice.gov.uk/documents/countryspecificpolicy/albania?view=Binary> [Accessed 5 June 2006]

United States (US). 8 March 2006. Department of State. "Albania." Country Reports on Human Rights Practices for 2005. <http://www.state.gov/g/drl/rls/hrrpt/2005/61633.htm> [Accessed 6 June 2006]

Additional Sources Consulted

Oral sources, including: Albanian Helsinki Committee; Albanian Human Rights Group; Centre for Russian and East European Studies, University of Toronto; Conflict Resolution and Reconciliation of Disputes, Albania; MJAFT!; Organization for Security and Co-operation in Europe (OSCE), Albania; Radio Free Europe/Radio Liberty (RFE/RL).

Internet sources, including: Amnesty International (AI); British Broadcasting Corporation (BBC); Committee for Nationwide Reconciliation, Albania; European Country of Origin Information Network (ECOI); Factiva; Freedom House; Human Rights Watch (HRW); International Helsinki Federation for Human Rights (IHF); Office of the United Nations High Commissioner for Human Rights (OHCHR); Radio Free Europe/Radio Liberty (RFE/RL); U.S. Committee for Refugees and Immigrants (USCRI).