In 2019, the People’s Advocate of Albania monitored 31 public demonstrations organised by various entities, including opposition political parties, civil society, students, and citizens. Some of these resulted in physical confrontations. Through working groups, the NHRI monitored the situation on the ground and immediately verified cases of alleged rights violations committed by state authorities.
The law no. 91/2019 concerning audio-visual media banned media and journalists from physically attending meetings of Albania’s Parliamentary Committee. Following requests from journalists, the People’s Advocate of Albania monitored discussions between parliamentary representatives and journalists concerning the changes in the latter group’s participation. The NHRI also followed recommendations from other interest groups and international partners. The new proposal to amend the law was compared to other European regulations, and minor changes were made in relation to the use of mobile phones and video recording.
In 2021, the Constitutional Court of Albania examined the constitutionality of a Criminal Code article relevant to freedom of assembly and referring to “obtaining permission from the competent body according to special provisions”. When conducting the examination, the People’s Advocate of Albania submitted observations stating that all legislation referring to rights to freedom of assembly must be clear and drafted in accordance with international human rights standards. Additionally, they highlighted that freedom of assembly cannot be subject to any formal approval by police. It is sufficient that authorities are notified in sufficient time. Lastly, the People’s Advocate underlined that it was disproportionate to have fines or imprisonment (of up to one year) as possible punishments for organisers of/participants in peaceful rallies. The Constitutional Court accepted these points.
At the end of 2020, a young person was murdered by a state police employee. This caused nationwide protests lasting several days that demanded the responsible person be brought to justice. The People’s Advocate of Albania launched an investigation into police conduct when arresting journalists during these protests. Media reports documented several media actors being taken to police premises. The NHRI recommended that the police analyse the cases in terms of what constitutes lawful conduct of police officers when escorting individuals. It also recommended that the police guarantee the media’s right to cover protests; train police officers to improve their conduct towards media actors; avoid violating the rights of escorted persons; and establish special rules concerning the treatment of media actors. The police have followed up on the recommendations with concrete measures and actions addressing them.