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The
Institution of the People’s Advocate was anticipated for the
first time
in the
Albanian’s Constitution approved in November 1998. The
Parliament passed the Law on the People’s Advocate in February
1999. This Law was drafted considering the Legislation of other
European Countries that have established such an institution
previously. The People’s Advocate is a monocratic Institution.
People’s Advocate is elected by three fifths of all members of
the Assembly for a five year period, with the right of
re-election.
On February, 16, 2000 the
Albanian Parliament elected with a two –third (104 out of 155) votes
of all members of the Assembly, the People’s Advocate, the Doctor of
Juridical Sciences Mr. Ermir DOBJANI.
On February, 17, 2005 the
Albanian Parliament reelected with more than 70% of votes
of all members of the Assembly (99 in favour, 14 against and 8
abstentions out of 140), the People’s Advocate, Asc. Prof. Dr. Ermir DOBJANI.
On the Proposal of the People’s Advocate, on 30 March 2000, the
Parliament elected the Commissioners respectively Mr. Jorgo Dhrami,
Mr. Agron Çaushi, Mrs. Florina Nuni. Their 3 years mandate expired on
29.03.2003.
On
the proposal of the latter, on 22.01.2004 the Parliament elected the
Commissioners of the People’s Advocate Mr. Jorgo Dhrami, Mr. Gëzim
Lleshi and Mr. Riza Poda. Their 3 years mandate expired on
21.01.2007.
On
the proposal of the latter, on 05.11.2007 the Parliament elected the
Commissioners of the People’s Advocate Mrs. Florina NUNI, Mr. Riza
PODA and Mr. Skender HALUCI.
On
the 17th of February 2010 terminated the mandate of the
People’s Advocate, Mr. Ermir Dobjani. After that, the duties
of the People’s Advocate had been carried out by the longest-serving
commissioner, Mr. Riza Poda.
On
5 November 2010 terminated the mandate of the three Commissioners
including the mandate of the Acting People’s Advocate,
Mr. Riza Poda.
On 5 November
2010, with the proposal of the Acting People’s Advocate, the
Albanian Parliament elected the
Commissioners of the People’s Advocate : Mrs. Florina NUNI, Mrs.
Anila NEPRAVISHTA and Mr. Arben
SHKËMBI.
Since
the 7th of November 2010, the
duties of the People’s Advocate has been carried out by the
longest-serving commissioner, Mrs.Florina NUNI.
According to the structure approved by the People’s Advocate, the
Office is composed by
four Sections:
First Section: Deals with complaints and requests towards the central administration
bodies, local government and third parties working on their behalf.
Second Section: Deals with complaints or requests against police, secrete services,
armed forces and the judicial power.
Third Section: Deals with complaints, which are not included in the first two
sections, likewise collaborating with NGO-s, and carrying out
researches relevant to the activity of human rights and freedoms.
Torture
Prevention
Unit:
deals with conduction of
inspections and
visits to premises where individual freedom is deprived
in order to prevent the cases of torture or other inhuman or
degrading punishments. This structure has been set up pursuant to the
“Optional Protocol of the Convention against Torture and other
Inhuman and Degrading Punishments” (OPCAT) ratified by the Albanian
Assembly , Law No. 9094, dated 03.07.2007. It started its activity in
January 2008.
The
People’s Advocate Institution safeguards the rights freedoms and
lawful interests of individuals from unlawful or improper actions or
failures to act of public administration bodies and the third parties
acting on their behalf. His duty is to prevent conflicts between the
public administration and the individual. The People’s Advocate,
upon finding or suspecting that a right has been violated, initiates
an investigation of the case, upon the complaint or request of the
interested or injured person, or on his own motion if the particular
case in the public domain, but always after providing the interested
or injured party consents.
If an investigation starts with the initiative of the People’s
Advocate, the injured party consents is not needed in case of a child,
a person with disabilities or to protect the rights of a large group
of individuals.
To protect the interests of a broad community, who can be affected by
an administrative process, the People’s Advocate is entitled to
initiate administrative proceedings and be part of the process in
accordance with the requirements of the Code of Administrative
Procedures.
The People’s Advocate does not give any right to the parties, but he
makes recommendations to restore the violated right by the public
administration. In cases the relevant authority does not respond to
the recommendations of the People’s Advocate, he shall have the
right to refer the case to the higher organ in hierarchy. The
People’s Advocate may present to the Assembly a report, which shall
include proposals for specific measures to remedy the violations.
Persons
and acts outside the jurisdiction of the People’s Advocate.
The
following are outside the Jurisdiction of the People’s Advocate.
·
The President of the
Republic
·
The Prime Minister
·
Military orders to the
Armed Forces
·
Civil conflicts
wherein the public administration take not part
·
The People’s
Advocate may refuse to initiate or may terminate the investigation of
a case, if the same case has been decided or is being scrutinized by
public prosecutor or a court. In such a case, he shall be entitled to
request information by those authorities even when the information is
classified as a state secret
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