Press Release

On the request of the Albanian Helsinki Committe 

addressed to the Constitutional Court 

Tirana, June 9 , 2004

Although it is not common and natural in the practice of the Albanian Helsinki Committee to hold press conferences about issues that are due to become object of review from the Constitutional Court or any chain of the judicial system or prosecutor's office, due to the sensibilities that were created recently, it is considered that the problem is politicized to some extent. We regard as necessary to submit the AHC position and the legal reasons that lead us to ask for the investment of the Constitutional Court related to a legal and not a political problem contained in the law Nr. 9049, dated 10.04.2003 "On the declaration and control of wealth, financial obligations of the elected and some public officials"

Albanian Helsinki Committee is the first organization of human rights, an independent and non-party organization, the mission of which is the protection of freedoms and human rights. Since the year 1992, AHC is a member of the Helsinki Federation of Human Rights.

The working forms are the monitoring and the observance of human rights, reaction to their violation, drafting recommendations for the improvement of the law and the practice of its implementation as well as promoting the well functioning of the rule of law.

The Constitution of the Republic of Albania recognizes the right of the Albanian Helsinki Committee to set into motion the Constitutional Court when it judges that a disposition or law is not in compliance with the international conventions of human rights, the European Convention of Human Rights, the Constitution of the Republic of Albania.

Since 1996 and so far, AHC has addressed  the Constitutional Court in 7 cases including here the case of review object from the constitutional Court. In 5 cases the request of AHC is accepted and assessed rightly from the Constitutional Court. AHC requests  had as their object the protection of the arrested and convicted people, achievement of the defense right at the Supreme Court, the observance of the right of the people judged in absence, the declarations as anticonstitutional of the fixed criminal penalties, declaration as anticonstitutional of the death penalty.

Albanian Helsinki Committee is an organization enlisted alongside the organizations that combat corruption, that great evil of the Albanian society and the cause of the human rights violations.

AHC since  2002, hailed the draft law on the wealth declaration  of the high officials and has considered it as a powerful means in combating crime, the organized crime and corruption.

AHC fully agrees with the wealth declaration from the high officials and making the wealth publicly known. The problem that AHC has made an review object in the Constitutional Court is related to the legal basis on which the wealth declaration and the publication of the riches of the high officials must be effected.

In principle , Albanian Helsinki Committee is not against:

1.        Wealth declaration

2.        Issuing authorizations for the verification of the wealth declared
3.        Verification of the wealth from the respective inspectorate
4.        Denouncing to the prosecutor's office when it results that the wealth is made in criminal and illegal ways.

Principally , Albanian Helsinki Committee is against the publication of these data, but as regards this has remarks about article 34 of the law in question and considers that this article should not refer to the law "On the right of information of the official documents", but to the law nr. 8517 "On the protection of personal data".
 
 This mentioned because AHC thinks that the data for the wealth declaration of the subjects are prescribed by law, of their family members wealth that is separate, they should be considered as personal data and their publication the subject consent is required.
 
The fact that the respective subjects, under the law are required an authorization to make the verification of the declared wealth in other bodies or institutions, shows that the verification can not be made without the authorization, whereas when the law for access to information in applied such an authorization is needless.
 
Article  3 of the law “On access to information of the official documents" states that :" Any person is entitled to seek information about official documents that are related to the activity of the state bodies and persons that exercise state functions, without being obliged to explain the motifs."

AHC is not aware which will be the decision of the Constitutional Court related to this issue.
 
The first version can be the rejection of  AHC request . This means that the data of the official  be publicized according to the article 34 of the law.
The second version can accept AHC request and if the lawmaker likes to make the publication, it can require  the consent of the relevant subject. AHC considers as the wealth is declared, as the authorization for its verification is required, than it is difficult to refuse the consent for publication.

AHC aim is that the law and actions must be in compliance with the Constitution and the European Convention of Human Rights. AHC is confident that the request addressed to the Constitutional Court is well grounded, but this conviction must be tested and the test and the completely legal test is to set the Constitutional Court in motion.

We share the opinion that there is nothing to be concerned. The only concern is not only for us but for others as well, perhaps for the Parliament itself will be if article 34 of the law is in compliance with the Constitution of RA or not.

AHC has only one concern :the one that there have been rare meetings with the journalists. It is our duty that for certain problems to inform the journalists, to clarify their attitudes as it is the journalist right to make their remarks and comments freely. AHC and other non-profit organizations that act in the field of human rights and freedoms, the journalists and the defense lawyers that are close to each other, because in a democratic society they  are a constructive oppponence.
 

AHC, has left to the assessment of the Constitutional Court the constitutionality of the legal basis on which the wealth is declared . The decision of this Court is final. AHC will respect any decision given by the Constitutional Couurt.