The drafting and adopting the Constitution of the Republic of Albania on 28 November 1998, after 8 years of democratic changes, following the establishment of the multiparty system and the market economy, constitutes a great success and significant victory to the Albanian People. It is for the first time ever in the history of the Albanian people that the Constitution envisages the Institution of the People’s Advocate (Ombudsman), as a guarantee of the genuine implementation of the fundamental human rights and freedoms in Albania.

The Constitution in its second part in 4 articles, from article 60-63 defines the function, the principles, the status and the competencies of the People’s Advocate whereas in article 134 letter dh it defines the right of the People’s Advocate to approach the Constitutional Court.  Respective Law No.8454, dated 4.2.1999 "On the People's Advocate" is supplemented with  Law No. 8600, dated 10.4.2000 and amended with Law No.9398, dated 12.5.2005.

The Establishment of the People’s Advocate (Ombudsman)  

The People Advocate Institution was anticipated for the first time in the Albanian Constitution adopted in November 1998, whereas the Law “ On the People’s Advocate” was adopted by the Parliament in February 1999. According the administrative structure approved, the People’s Advocate Office is composed by four specialised sections, respectively covering:

First Section covers the central and local administration bodies and the third parties acting on their behalf.

Second Section covers police, the secret services, the prisons, the armed forces and the judiciary.

Third Section handles cases not covered by the first and second section and is also responsible for cooperation with the NGO-s and researches in the field of the implementation 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 legal and Constitutional basis

The Albanian Constitution of 1998 and specifically article 60 as served as a Constitutional basis to the establishment of the People’s Advocate Institution. The law “On the People’s Advocate” was adopted by the Parliament in February 1999. The law was drawn on the relevant legislation of other European countries, which have established such an Institution before. The People’s Advocate is a monocratic Institution.

Election

Under the law “On the People’s Advocate” the People’s Advocate is elected by the three fifth of all the members of the parliament for a five year period with the right of re-election.  

The commissioners are elected from among the most outstanding lawyers for a three-year term, with the right to re-election.  

Structure of the People’s Advocate Institution (pdf)

Curriculum Vitae of the People's Advocate, Mr. Ermir Dobjani (pdf)