SERIOUS VIOLATION OF THE FREEDOM OF EXPRESSION AND PEACEFUL ASSEMBLY

Tirana, January 5. 2004

Some days ago the movement “MJAFT” (ENOUGH) organized a peaceful protest to voice the concern about the increase of the electric power price and the immobile telecommunications.
         The Albanian Helsinki Committee was informed about the Albanian Power Corporate, APC (KESH) press release content and the reply of the movement “MJAFT” from the print media and the representatives of the Movement “MJAFT”.
         The Albanian Helsinki Committee discovered that immediately following the assemblies and peaceful protests, Albanian Power Corporate (APC) has reacted in a completely illegal manner by violating some of the main constitutional principles sanctioned in the articles 22, 23, 47 and 48 of the constitution of the Republic of Albania.
         More concretely, with its own reaction, APC infringes such principles such as “Freedom of expression is guaranteed” (article 22 of the constitution), “Everyone is entitled to have access to information about the state activity of the people holding state positions.(article 23), “Freedom of peaceful and unarmed assembly and participation in them is guaranteed” as well as article 48 of the Constitution that sanctions that “Everyone, independently or in cooperation with others can address requests, complaints or remarks to the public bodies, which have a liability to answer according to the deadlines and criteria as prescribed in the law.
         APC goes beyond the limits when in its reaction of the date 31.12.2003 it announced the start of the legal prosecution against the association “MJAFT”.
         According to the Albanian Helsinki Committee, APC press release dated 31.12.2003 not only violates the basic constitutional principles guaranteeing the freedom of expression and peaceful assembly, but also exceeds the most essential ethical norms by using a language full of swearing and insults towards the democratic movements and initiative. What attracts your attention in APC declaration are such expressions as “mercenary movement” “speculative movement, “ clownish guys and withered people void of arguments”
         The movement “MJAFT” and other several initiatives undertaken by human rights organizations and other representatives of the Albanian civil society are arranged by respecting the legal norms and by peacefully conveying to the public authorities the concern of the public opinion seeking the solution of the serious problems the Albanian society is facing. In peaceful gatherings, meetings and forums, in public declarations, the civil society has raised and shall still raise the voice against the violation of the citizens rights and shall raise citizens awareness in seeking not only the achievement of their rights but also the accomplishment of their liabilities. But the civil society can not be a party in the illegal acts of the representatives of the public administration.
         Albanian Helsinki Committee reminds the public authorities in general and particularly APC that it is their duty to inform duly and transparently the public opinion about the reforms in APC that affect the legal and vital interests of the citizens.
         Albanian Helsinki Committee asks from the public authorities in general and particularly APC that while having different reforms they need to take into consideration the suggestions of the experts in the relevant fields.
         Albanian Helsinki Committee addresses the powerful relevant bodies to show serious consideration to this problem in order to compensate for this violation of the constitutional principle from the irresponsible acts of APC