Treatment of Torture under Albanian and International Legislation, Constitutional Problems

Abstract

The aim of the paper is the treatment of torture in the viewpoint of national and international law. The prohibition of torture was sanctioned by the design of the Universal Declaration of Human Rights, to continue further with other global and regional instruments in the field of human rights. It is important to note that simultaneously with these developments; the prohibition of torture is particularly reflected in the constitutional right. In Albania, the lawmaker has sanctioned the prohibition of torture in the Constitution and criminal law. International law in the field of human rights sanctions as a rule, only a basic minimum of freedoms and rights. The innovation of this paper is the treatment of torture in the context of an important constitutional issue consisting to the expansion of subjects, with a view to ensure greater protection for individuals aggrieved by such offense. The consequences caused to the victim are serious. Therefore, I think that, the subject who performs criminal offense should not condition the qualification of offense. Hence, the subject should be general, not only a public official.

DOI: 10.5901/ajis.2014.v3n4p253