Is it necessary to return the death penalty in Albania?

2024-08-18 13:22:00, Opinione Ekrem Spahiu

Is it necessary to return the death penalty in Albania?

Ekrem Spahiu

Considering the increasing number of serious crimes, is it time to revise the criminal sanctions in terms of making them tougher for very serious crimes against life, including the death penalty?

For us, it is necessary for some well-defined categories of very serious criminal offenses, in negotiation and understanding with the EC, to restore the death penalty, until Albania becomes a member of the EU?

The serious event that shocked not only the residents of Pogradec, but the entire Albanian opinion, is neither the first nor the last, but simply the next victim.

For the Proga family, in addition to the great pain for their family member who has left two minor children orphaned, the tendency of the law enforcement bodies, at least so far, is adding to the pain, which is not to clarify the incident but to facilitate the killer.

From the SPAK Annual Report for 2023, we learn that paid murders, sophisticated forms of murder and the creation of organized groups in murders have almost become typical Albanian forms. Four or five years ago, Albania was among the five European countries with high murder rates per 100,000 inhabitants, while today we do not have such an official statistic, even though we often hear about terrible murders.

In our opinion, the main reason is that crime does not fear the state, it does not fear the law that is currently adopted to prohibit the death penalty. The murderer thinks that at least he will live, he will even find ways and means to get out of eternal prison.

As a reminder, the last death sentence in our country was given in March 1995. In June 1995, the Albanian Parliament approved the law for Albania's accession to the Status of the Council of Europe. This Act of the Assembly automatically prohibited the death penalty, due to the criteria imposed by the new status.

In October 1998, the Parliament of Albania ratified the Protocol of the European Convention for the Protection of Fundamental Human Rights and Freedoms, which abolishes the death penalty. Meanwhile, the Constitutional Court in December 1999 declared the death penalty in Albania unconstitutional.

Today, the crime situation has not only not improved, but has worsened. The involvement and connection with crime of some officers of the state police and the justice system, identified in the SPAK Annual Report for 2023, makes this situation even more difficult.

- Blood feud continues to be a phenomenon in Albania not only because of the inertia of the past, but more like distrust of the state.

- Meanwhile, in Albania, in reality "the death penalty exists" not by the state but by the crime itself, while many cases of murder are done to settle scores.

- International reports often state that the Albanian mafia is dominating in some countries.

So, taking into account the increasing serious crimes, is it time to review the criminal sanctions in terms of making them tougher for very serious crimes against life, including the death penalty?

We think that the reinstatement of the death penalty would be a completely effective and more humanitarian measure than dozens of laws that speak of humanitarian rights, but which do not guarantee the life of the individual. - Serious crimes would decrease significantly. - The family members of the victims will feel more relieved when justice is served. - The life imprisonment that is in force today for such cases, constitutes an extraordinary cost in all directions for the family members of a prisoner. - The cost will be reduced for the security of this very dangerous contingent, who, even prisoners, will try to increase the crimes to gain freedom. - Justice bodies will have less space to abuse the law.

But could this return put us in danger of being kicked out of the Council of Europe and the journey towards the European Union being discussed or banned?

We think that this step can be realized even with their understanding. After all, there is a broader law than European law: it is international law, which stipulates that the death penalty should be reserved only for serious crimes of intentional murder. A unique case for this is the USA - the classic country of democracy and human rights, where capital punishment is in force in 27 of its states.

With the return of the death penalty, we will become a serious state, not only towards the citizens of Albanian society but also towards Europe.