Execution of Sentence of Life Imprisonment in Albania, in Violation of Fundamental Human Rights

Abstract

The goal of this article and of the analysis itself on which it is based, is to identify weaknesses in penitentiary legislation in force in the Republic of Albania, in order that the penal policy of the Albanian state, should respect the principles on which will be based to be effective. At the end of 2015 the number of persons who have been sentence to life imprisonment in Albanian prisons has been 159 people, convicted in 2895 of the total prison who were serving a sentence in Albanian prisons. The number of those sentenced to capital punishment has increased, compared with the statistics of 3-4 years ago. Albanian law on the punishment of life imprisonment presents serious problems in the modalities of execution of the punishment, violating the right and fundamental freedom of man, that lives in liberty, and break up the Article 3 of the ECHR, which prohibits placing under cruel punishments, inhuman and degrading. The Republic of Albania will need as soon as possible to change its legislation concerning the category of persons sentenced to life imprisonment. Condemned to life imprisonment, according to each individual case and referred to progress in the sentence, in view of the disappearance of the potential for recidivism and in view of correction, after the expiry of a time limit prescribed by law,they should have the right and opportunity in court jurisdiction to address the real execution of criminal sentences for the benefit of supervised freedom or conditional one. In this way, the hope of life again in freedom, will make the convicts to life imprisonment interested to educate themselves, by all the values that will be in accordance with social rules.

DOI: 10.5901/mjss.2017.v8n1p169