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Curriculum
Vitae of the People's Advocate, Mr. Ermir Dobjani
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.
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
__________________________________________________________
CURRICULIM
VITAE
Prof.
Asc. Dr. Ermir
DOBJANI
Name:
Ermir
Father’s
name:
Zenun
Surname: Dobjani
Date
of birth:
06 April
1953,
Place
of birth :
Kavaja, Albania
Residence:
Tirana
Nationality:
Albanian
Marital
Status:
Married
with two children
Office
Address:
People’s Advocate Institution
Blv.
“Zhan D’Ark”, Nr.2, Tirana- Albania.
Tel.
04 380-303, Fax. 04 380-315;
E-mail:ap@avokatipopullit.gov.al
www.avokatipopullit.gov.al
EDUCATION
June
1972:
Finished general high school in Kavaja town
September
1972:
Started his law university studies at the Faculty of
Political Sciences and Law, Tirana University.
May 1976:
Graduated in Law with excellent
results
STATE
ENTRUSTED DUTIES
August
1975:
Started working as trainee at the Prosecution Office in
Gjirokastra district. After graduation, in May 1976, as
assistant prosecutor in the same office in Gjirokastra.
October
1980:
Inspector at the
Research Department of the
General Prosecution Office
in Tirana.
May
1982:
Head of Research and Statistics Section at the
Investigation Department, in Tirana.
August
1983:
Head of Research and Statistics Section at the General
Investigation Office
in Tirana.
May
1989:
Professor of Administrative Law at the Faculty of
Political and Juridical Sciences, Tirana University
April
1991:
Head of the Chair of Theory of State and Law, at the
Faculty of Law, Tirana University.
September
1991:
Director of High Public Order Institute
(today- Police
Academy).
September
1992:
Private Lawyer.
16
February 2000:
Elected by the Assembly of the Republic of Albania as
People’s Advocate for a 5 year mandate.
17 February 2005 Re-elected
by the Assembly as the People’s Advocate
for a second 5 year mandate.
SCIENTIFIC AND PEDAGOGICAL TITLES
September
1981
Part- time lecturer at the
Faculty of Law, Tirana University
until
May
1989
Full time lecturer at the Faculty of Law, Tirana
University
until
April
1991
Head of
the Chair of Theory of
State and Law, at the
Law Faculty, Tirana University
November
1991:
Candidate of Juridical Sciences
February
1995:
Doctor of Juridical Sciences
September
1998:
Rejoins the Faculty of Law
, Tirana University, as a part time
and
onward:
lecturer
September
1998
Part time lecturer at the Magistrates school .
and
onward:
June
2002
Associated Professor
September
2004 Part
time lecturer at private Law Faculties
in Tirana.
and
onwards:
QUALIFICATIONS
July
1999
Training course on the Criminal Law, organised
by ABA CEELI in Poland
April
2000
Study visit to the
Ombudsman of Slovenia, as in the position of Albanian People`s
Advocate
May
2000
Study visit to the
Ombudsman of Sweden, as in the position of Albanian People`s
Advocate
September
2002
Study visit to the
Ombudsman of Denmark, as in the position of Albanian People`s
Advocate
July
2003
Training course on
government anti- corruption, organized by State
Department of the United States of America.
November
2004 Training course
organized by the Office of the UN Commissioner for Human Rights,
in Geneva, on the implementation of the recommendations
for human rights at
national level.
FOREIGN LANGUAGES
English, French and Russian languages
have been officially tested by the respective
commissions of
Foreign Languages Faculty, Tirana University.
SCIENTIFIC
AND PEDAGOGICAL ACTIVITY
1. Tutor and reviewer to many students work, working for the university
diploma at the Law Faculty, Tirana University and the Magistrate
School.
2. Reviewer of the university curricula “The Administrative Law 2” of
the author, Sokol Sadushi.
3. Reviewer of the Doctorate work of Mr. Sinan Tafai
relating to representative bodies of the European Union
member states.
4. Head of Commission
on subject “The
Administrative Law ”, for
post-graduated candidates at
the Law Faculty, Tirana University.
5. Reviewer of the Doctorate works of several university lecturers and
other candidates.
OTHER ACTIVITIES
1.
Practiced
the free profession of private lawyer, from
September 1992 to February 2000.
2.
Law Consultant to a
number of non-governmental organisations.
3.
Lector at the training course on the Criminal Law ,
organised by ABA CEELI in Poland, in
November 1999.
5.
Designer and leader in the project of “Danida”
Foundation, set up by the Danish
and Albanian Governments, on the establishment,
functioning and strengthening of the People’ Advocate
Institution in Albania. February 2000-October 2003.
6.
Lecturer at the Open Day dedicated to the protection of
citizen’s rights, organized by the Faculty of Law, Bari
University ,on July 13, 2001.
LIST OF PUBLICATIONS
I. SCHOOL CURRICULA
1.
“The administrative law” (part 1), “ University
Book” Publishing House, Tirana 2003. Re-printed in November 2004 and April 2007.
2.
“The administrative law” (part 3), “ University
Book” Publishing House, Tirana 1998. Revised edition
, April 2002.
3.
“The administrative law 1”, Tirana, October 2007.
III. REPORTS, SPEECHES, ARTICLES AND INTERVIEWS IN THE
WRITTEN MEDIA OR IN SPECIAL PUBLICATIONS
1.
“ People’s Advocate Institution in Albania”, - Report held in the
seminar on “The
People’s Advocate in Albania”, organised by the Council of
Europe and the Group of Friends of the People’s Advocate, -
Tirana on
5 October 2000 – Published in the “ The Human
Rights” Magazine, no.4, 2000, p.13-16.
2.
“Good governance through transparency – a key
condition in raising Anticorruption awareness”, - Speech
delivered at the Conference organized by USAID and MSI in
establishing Anticorruption Coalition
– Tirana, 29.01.2001.
3.
“Public Administration must be based on the Civil
Servant Status”, speech delivered in the Conference
organized by the Department of Public Administration to the Council of
Ministers, Tirana 12.03.2001.
4.
“Freedom allowed by
Law “On the People’s Advocate” in relation to the
protection of the constitutional rights of the commercial
subjects” – Speech delivered at the seminar organized in
cooperation with the Chamber of Commerce and Industry. Tirana on 11.06.2001.
5.
“People’s Advocate and the complaints against police
violation of human rights” – Speech delivered at the First
National Conference on
“The Human Rights and Police ” – Tirana 04.10.2001.
6.
“Protection of Human
Rights under the viewpoint of the International Acts” –
Speech delivered at the Second Congress of the Ombudsmen and
Mediators of Francophone Countries – Andorra, 14.08.2001,
published in the periodical
“Juridical Tribune” no.34, 2002, p.12-18.
7.
Greeting speech of the People’s Advocate delivered in
the Conference of the Judiciary – Tirana, 5 November 2001.
8.
“Freedom and instruments of the People’s Advocate”
article published in “Juridical Tribune” no.31, 2001, p.
5-9.
9.
“The People’s Advocate and its relations with the
Judiciary ”, Speech delivered at the Council of Europe
Conference held in Ljubljana
Slovenia, 12-13 November 2001. Published in the
International Conference Collection, Ljubljana, Slovenia.
10.
“People’s Advocate in protection of the rights of
Roma community in Albania” – Speech delivered at the
Ombudsmen Meeting, in presence of representatives of the
European Court of Human Rights and the Roma Associations,
organized by the Council of Europe in Strasbourg 19-20 November
2001.
11.
The Contribution of the People’s Advocate in the
Republic of Albania in respecting article 6 of the European
Convention of Human Rights for a regular legal process – The
speech delivered at the 7th Round Table of the
European Ombudsmen, Zurich 21-23 November 2001.
12.
“The right
to life, a fundamental
human right”, National Conference - December 2001.
13.
Two words to the reader
– The periodical “The Clinic” no.1, 2001.
14.
“How to improve the legal and administrative
instruments necessary for controlling armaments in Albania”.
Speech delivered “On
the human security and control
of armaments in Albania”, organized by UNDP and the Albanian
Association of North Atlantic – Tirana, 10-11 January 2002.
15.
The Establishment and
functioning of the People’s Advocate in Albania- Speech
delivered in the 4th Conference on the Justice Reform
in Albania – organized by the Council of Europe in Strasburg
28-29 January 2002.
16.
Police officers who violate
human rights represent
neither law nor state police
– Interview published in the magazine
“Police today”, 2002.
17.
Opening speech in the seminar on
“The relations of the Ombudsman with the Judiciary in
Albania” held in Tirana,
4 April 2002.
18.
“European Convention
on Human Rights and
Albanian Legislation”- speech delivered in
the seminar organized by
the Albanian Center for Human Rights ,on
24 October 2002.
19.
Application of law “ On the right to information over
official documents” under the viewpoint of the People’s
Advocate as the guarantor of this law, 24 October 2002. Seminar
organized by Article 19-London.
20.
Cooperation of national
institutions for human rights , between them and the Council of
Europe and other international organizations – Speech
delivered in the 2nd Round Table
of National Institutions for Human Rights, held in
Belfast and Dublin, on 14-16 November
2002.
21.
The right to information, a fundamental human right –
National Conference, December 2002. Publishing house OMBRA-GVG,
Tirana 2003.
22.
Legal acts helpful to
the Albanian prisoners
outside Albania. Publishing house OMBRA-GVG, Tirana 2002.
23.
The establishment of and the activity performed by the
People`s Advocate (Ombudsman)
in Albania. Published in the International Ombudsman Year Book,
vol.6 2002, Martin Nijhoff publishers Leiden/Boston, p. 64-76.
24.
Speech delivered in the 5th Conference on
Legal Reforms of the Albanian Judiciary, held in Saranda on 10-11 February
2003.
25.
Greeting speech held on the occasion of the Day of
Justice , 10 may 2003.
26.
Interview: Human Rights, foundation stone of democracy.
Published in “ Human Rights” Magazine , no.3(35), 2003.
27.
Presentation- Access of
People`s Advocate over official documents- held
in the 3rd Conference
of the Francophone Ombudsman and Mediator Association
, 14-18 October 2003, Tunisia; published in
the periodical Juridical Tribune no.46(1),2004.
28.
Execution of final court decisions in favour of
individual`s rights
- National Conference, December 2003. Publishing house
OMBRA-GVG, Tirana 2004.
29.
Respecting the
fundamental human rights of citizens, makeslkll one of main
institutional tasks of the state Police – Speech delivered at
the 2003 annual analysis conducted by the Ministry of Public Order- 9 January
2004.
30.
On Albanian children trafficking situation – Speech
held in the National Conference
organized by the Council of Europe and Ministry of Labour
and Social Affaires in
Tirana on 19-20
January 2004.
31.
People`s Advocate of Albania and the 10th
Anniversary of the adoption of Paris Principles – Speech
and workshop conclusions . Workshop organized in cooperation with the Geneva
Office of the High Commissioner for Human Right, in
Tirana on 5 May
2004.
32.
Public trust –Challenge to the State Police- speech
held in the
National Conference organized
by the Institute for Democracy and Mediation, Tirana on
25.06.2004.
33.
Interview: “ Police made redundant has generated
uncertainty among
people”- “Albania” newspaper, 4 July 2004.
34.
Interview: “ We, the ethic protectors of citizens”- “Dita” newspaper-12 July 2004
35.
Interview: “Albanians, sceptical
to the law”, “Albania” newspaper, 19 November 2004.
36.
Article: “ Elections, votes to be counted by judges”
37.
The rights of employees – National Conference, December
2004
38.
Some experiences in
the field of assistance and cooperation
among Ombudsmen, by Jens Olsen, Soren Knudsen, Ermir
Dobjani and Christian Moller –Special edition of the Danish
Ombudsman 2005, Vol.1, page 251-302- English
39.
Interview on
People’s Advocate work accomplishments
over the first mandate-
to the Voice of America- 3 February 2005.
40.
Interview: Police Forces violate
human rights, RD newspaper, 5 February 2005.
41.
Constitutional Court
scrutinizes the request of the People’s Advocate
on the invalidation of the anti- constitutional laws –
Juridical Tribune no. 57 (6) 2005.
42.
All together in
protection of children’s rights, National Conference
held in December 2005.
43.
Speech delivered in
the meeting on : “The right to information: Law
implementation demanded,
in the framework of transparency and efficient
governing” Tirana, 12 December 2005.
44.
The Ombudsmen’s role in consolidating democracy. Speech
held in PABSEC
member state Ombudsman Conference
- Istanbul 26-27
April 2006.
45.
The right to private ownership- a fundamental right to be
respected. Speech delivered in the Conference organized
by Albanian Government
and OSCE Presence in Albania, on the process of
restitution and compensation
of ownership in Albania. Tirana, 10 October 2006.
46.
Aspects of violation against children in Albania
–Speech held on the occasion of
publication of
the global study on violation against children, conducted
by UNO – Tirana, 12 October 2006.
47.
People’s Advocate in protection of disabled people –
National Conference, December 2006.
48.
People’s Advocate competencies before the Parliament,
initiatives on law amendments and especial reports. Speech held
in the Conference organized by the European Commission and
Macedonian Ombudsman, Skopje, 20-21 November 2006.
49.
Citizen’s protection in Albania – Speech delivered in
the Conference on “ Human Rights and their protection”,
organized by Basilicata Regional Committee and the Office for
citizens’ protection – Matera , Italy
1-2 march 2007.
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