International acts ratified by the Republic of Albania
Jurisdictional relations with foreign authorities are those established between states based on multilateral or bilateral international acts that aim at mutual assistance and assistance to fight crime, bring Justice the perpetrators, and prevent crime. Relations with foreign authorities in the criminal field are provided in Article 5 of the Constitution of the Republic of Albania and Article 10 of the Code of Criminal Procedure, constitute a source of law those international agreements to which Albania is a party.
The most important international act that Albania has ratified in the field of criminal cooperation is the European Convention “On Extradition” and its Additional Protocol in 1998. It has signed bilateral agreements with individual states.
The purpose of this convention was to “bring about the closest possible cooperation of the member countries by bringing obligations for them to be owned by the contracting parties which will hand over to each other under the conditions set out in the following articles, those individuals who pursued infringement.” of law or are required by the judicial authorities of the requesting party to serve a sentence or a security measure. The European Convention provides that a requested party may refuse the extradition of a person wanted for a criminal offence, which has been committed in whole or in part in its terror, or a place close to its territory.
Regarding bilateral agreements in the field of criminal cooperation where the Republic of Albania is a party, we can mention some of them:
– Convention with Greece on the Transfer of Sentenced Persons-1993
– Extradition agreement and criminal legal aid with Czechoslovakia-1938
– Extradition agreement with Great Britain-1927
– Extradition agreement with Macedonia – 1998
– Extradition agreement with USA-1935
– Agreement with Macedonia on the execution of criminal decisions-1998
– Legal Aid Agreement with Turkey-1995
– Bilateral agreement for the transfer of convicted persons with the Kingdom of Belgium
– Agreement with Italy on mutual legal assistance and extradition
Meanwhile, for multilateral agreements in the field of criminal cooperation where the Republic of Albania is a party, we can mention some of them:
– Statute of the International Court of Justice United Nations Convention against Transnational Organized Crime
– European Convention on Extradition and Additional Protocols
– The first additional protocol
– Second Additional Protocol
– Third Additional Protocol
– Fourth Additional Protocol
– European Convention on Extradition
– European Convention on Legal Aid
– European Convention on the Transfer of Criminal Proceedings
Based on the unique character recognized in international relations and the order given to them in the hierarchy of sources of law is explicitly provided in the Constitution of the Republic of Albania was ‘International Agreements of ratified by law, are listed immediately after the constitution, and consequently it occupies a place in domestic law and becomes mandatory to be implemented by all state bodies. ”
Article 122 of the constitution stipulates that any ratified international agreement is part of the domestic legal system after it is published in the official gazette. It applies directly unless it is itself.
One problem with these international acts is the conflict that arises over their implementation. An extradition relationship may be regulated simultaneously by two or more international agreements, which have the same application scope.
To resolve this conflict, we are helped by the Vienna Convention on the Rights of Treaties of 1969 which provides: “In cases where all parties to an early treaty are also parties to a later treaty, but the treaty of has not ceased to exist or has not been suspended, the earlier treaty applies only to the extent that its provisions are compatible with the provisions of the movable treaty”.
From the reading of this provision which contains the necessary legal framework for the interpretation of treaties, it results that the conclusion by the contracting parties of a subsequent treaty has the same scope of application as the previous one, will be considered as a modification or as a case of implicit abrogation of the last treaty.
With such a hypothesis, international law presumes as a rule that through the second agreement, the parties have tacitly abrogated the first agreement. After the signing of these important agreements, Albania has had many cases of extradition of both passive and active. This is confirmed according to statistics in two years where his cases have been numerous. In 2006, 70 Albanian citizens extradited to Albania from various European countries and five foreign nationals were extradited from Albania to other countries. In 2007, 82 Albanian citizens were extradited from European countries to Albania and five foreigners from Albania to other countries. In 2008, the total number of extraditions was 87, the number of arrests for extradition purposes is 136.
Extradition is of two types, active and passive. Active or overseas extradition begins with a request coming to the Ministry of Justice, which forwards this request to the competent court when the conditions are met, attached to this request and a series of documents proving the request and make us understand that we are within our legal framework.
The requirements for active extradition are:
– The principle of double punishment, i.e. the criminal offence, should be provided by the two states’ legislation in the relationship.
– Extradition is not allowed when the person requested to be extradited an Albanian citizen.
– Extradition is not allowed when the fact that the object of extradition is a political criminal offence or the person is wanted for political motives.
– Extradition is not allowed when the person to be extradited is subject to persecution or discrimination.
– They are not given when the person has committed a criminal offence at the claim’s execution.
– The request is rejected even when the criminal prosecution, sentence or criminal offence are statute-barred in the requesting country.
– It is also rejected when the subject of extradition is military.
Passive or extradition from abroad is when our state is an applicant and not surrender as above. We are before this form of extradition in those cases when an Albanian citizen commits a crime within the Albanian territory and then leaves. The prosecutor initiates the proceedings. When ascertains the person’s non-existence within the Albanian state sends a request to the Ministry of Justice, which verifies the necessary conditions4 forwards the right to the competent body where the requested person is.
Together with the offer, the ministry delivers all the required documentation. The executing state accepts the request, but conditionally, if we are in front of this hypothesis, it has the last word with Justice, and what it decides is binding on the judicial bodies. In general, this is the Extradition mechanism. We are now able to define it: ‘Extradition of a person to a foreign state for the execution of a sentence of imprisonment or prosecution.’ And we can quickly determine its legal nature as dualistic because it is regulated by international and domestic law.