PRESS REPORT

On the table of experts

“On the International Criminal Court and the implementation of the Rome Statute in Albania” organized by Albanian Helsinki Committee

Tirana, June 4. 2004

Rogner Hotel

Albanian Helsinki Committee in the context of its own awareness and promoting mission of human rights and the rule of law institutions, aiming at:

a)                   better acquaintance with the International Criminal Court (ICC)

b)                  better access to the complete enforcement of the Rome Statute in Albania,

c)                  holding the juridical debate and promoting the necessary initiatives for the approximation of legislation with this statute, organized on the date  June 4. 2004, in the facilities of Rogner Hotel a table with experts and specialists of justice, foreign policy, civil society and human rights.

The main objective of this table was a better acquaintance of the International Criminal Court, its jurisdiction, analysis of the action taken so far on the part of the Albanian state and the steps to be taken in the future regarding the fulfillment and the complete enforcement of Rome Statute.

ICC is an international significant body in observing and maintaining human rights by criminal punishment of such acts as: the genocide crime, crimes against humanity, war and aggression crimes. The Court judges people that commit these crimes and have reached 18 of age, but it does not judge the criminal responsibility of the states and legal persons.

This court operates based on the Rome statute adopted in July 17, 1998. By means of decision 186, dated 23.09.2002, the Constitutional Court of Albania stated that the Rome statute is in compliance with the Constitution of Albania and on 23.12.2002, the Albanian Parliament ratified this statute.

In June  2003, the Government of the Republic of Albania and the Government of the United States of America signed an agreement not to surrender to this court the American citizens without the clear consent of the USA, an agreement heavily contested by various international and European organizations and human rights ones.

So far ICC and its statute is not renowned among the lawyers, judges and prosecutors ranks. This statute prescribes important principles as: innocence presumption, not holding a process at the absence of the person, the right of the protection of the accused person, witness and victim protection, victim damages.

From the speakers and the participants to this table the fact that ICC is an additional court to the national criminal jurisdiction, that means that when the states are incapable or reluctant to investigate a case against its own citizens, the case goes to this court. The existence of ICC is a significant instrument leading to the strengthening of the judicial system in Albania, combating serious crimes and guaranteeing a better protection of citizens’ rights.

Law and practice experts as well as representatives of the law institutions, participants to the table highlighted that the Albanian criminal legislation and the criminal and procedure have witnessed considerable progress during these years. These legislations are close to the demand of the Roma statute and the enforcement of the latter has no legal obstacles.

The representatives of the state institutions, participants in this round table underlined that the steps taken on the reforming the criminal and procedural legislation and invited the experts and specialists of the civil society to contribute in this direction.

Besides the better acquaintance with the criminal and procedural aspects of the Rome statute, the table emphasized the implementation of the principles of the international law as the principle of sovereignty and the level of the transference of powers to the judicial power to an international court, exclusion of the immunity of the high officials that commit these crimes, prescribed in the statute and the principle of ‘double jeopardy\.

In conclusion of the round table it was highlighted that in the future it is necessary to revise the home legislation, especially the criminal legislation, cooperation the field of criminal justice and the issue of the immunity of the official people when they commit crimes subject to the ICC punishment.

The conclusions of the legislation study and the recommendations related to the steps to be taken about the implementation of the Rome statute will be soon published in a special publication.