Abstract
Human rights issues are a legal international concern. This paper deals with two gross violations of human rights in Albania, so-known as Gerdec case and 21st January case,in a comparitive view of court’s decisions, elaborating the cases from the description of what happened to the human rights protection issues and finally in the decisions of albanian courts. The both cases are really sensitive and gross violations because there are some violated human rights in a single case including the right of life and because the cases call into question state responsibility vis-à-vis. In the first section of this paper it will be offered Gerdec case and 21st January case and what human rights are violated in these cases, starting with what happened in 15th March and 21st January, what happened with the cases in the court as human rights violations goes. The second section of the paper will bring out some similar cases in Europe, comparing decisions of European Court of Human Rights. We use secondary data and contents analysis, decisions court, interviews and statements of the people in order to obtain full and comprehensive picture of these gross human rights violations happened in the recent years in Albania. The comparative study will be in two levels: acts of governmental institutions and judicial process. The paper aims atreaching some conclusions, proposals and recommendations that could improve situation of human rights in Albania. DOI: 10.5901/ajis.2014.v3n3p222
Highlights
The commitment to protect and guarantee human rights is as old as human kind.It looks like all stakeholders are involved in fighting human rights violations, but a lot of cases worldwide represent extensive human rights violations
Both cases,Gërdec and 21st January, cases of the last decade in Albania, constitute serious and flagrant violations of human rights .International audience possesses relative sufficient information to what happened in these two cases, but this study through analysis and interpretation aims to bring a comprehensive perspective on the events, in particular focused on the rights of abused domestic legal framework and international breached and identification of similar cases and has resolved these cases the European Court of Human Rights
They are joined by several common characteristics :First of all they constitute serious and flagrant violations of human rights .Secondly, these are indicative of high level corruption in Albania,Gërdec, under the procedures followed, contractors or the defendants, they clearly refer to a situation generated by corruption
Summary
The commitment to protect and guarantee human rights is as old as human kind.It looks like all stakeholders are involved in fighting human rights violations, but a lot of cases worldwide represent extensive human rights violations. We use the term "gross violations " starting from the definition given by the doctrine concerning serious violations of human rights Both cases ,Gërdec and 21st January , cases of the last decade in Albania , constitute serious and flagrant violations of human rights .International audience possesses relative sufficient information to what happened in these two cases , but this study through analysis and interpretation aims to bring a comprehensive perspective on the events , in particular focused on the rights of abused domestic legal framework and international breached and identification of similar cases and has resolved these cases the European Court of Human Rights. Offenses at Gërdec and on January 21st , despite the relatively long time between today and the moment when they happened, they were left the violations without perpetrators, or they are sentenced at a minimum time of imprisionment
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