A Fair Trial Perspective on Albanian Law No. 19/2016 “On Additional Measures for Public Security”:   Aligning with European Human Rights Standards

Ivas  Konini; Alketa  Elezi; Iv  Rokaj

doi:10.36941/ajis-2024-0101

Authors

Ivas Konini Dr., Full-time Lecturer, Department of Criminal Law, Faculty of Law, University of Tirana, Tirana, Albania
Alketa Elezi Prof. Asoc. Dr., Full-time Lecturer, Department of Public Law, Faculty of Law, Mediterranean University of Albania, Tirana, Albania
Iv Rokaj Dr., Full-time Lecturer, Department of Criminal Law, Faculty of Law, University of Tirana, Tirana, Albania

DOI:

https://doi.org/10.36941/ajis-2024-0101

Keywords:

Privacy; Surveillance; Security cameras; Fair trial; Law

Abstract

This study critically assesses Albania's Law No. 19/2016 "On Additional Measures for Public Security" against the European Convention on Human Rights (ECHR), focusing on privacy and the right to a fair trial. Through comparative legal analysis, it juxtaposes Law No. 19/2016 with ECHR provisions and the European Court of Human Rights (ECtHR) jurisprudence, examining the law’s alignment with human rights norms, especially regarding surveillance. The analysis uncovers substantial discrepancies, particularly in the law’s approach to public surveillance and the protection of individual rights, indicating a need for significant legal reform in Albania. The paper proposes amendments to better align national legislation with ECHR standards, advocating for clearer surveillance regulations, enhanced privacy protections, and adherence to fair legal processes. It champions a balanced public security strategy that respects human dignity and freedom, aligning with European human rights principles.

Received: 15 January 2024 / Accepted: 22 May 2024 / Published: 02 July 2024