Albania
Albania criminalizes terrorist acts in its Criminal Code, including the financing of terrorism, the incitement of terrorist acts, and the recruiting and training of people to commit terrorist acts. It also criminalizes the creation of armed mobs to oppose public order but explicitly excludes strikes and assemblies from the purview of terrorist offences in the Criminal Code.
The Definition of Terrorism in Domestic Law
Albania does not have a dedicated terrorism law. Terrorist offences are defined and criminalised in Chapter VII of the Criminal Code, which covers "Acts of Terrorist Intention". Therein, terrorism is defined as a series of predicate offences perpetrated
with the intent to spread panic among the population, or compel the state bodies, Albanian or foreign, to perform or not perform a certain act, or destroy or seriously destabilize substantial political, constitutional, economic or social structures of the Albanian state, another state, international institution or organisation. Art. 230, Criminal Code of Albania.
The predicate offences include hijacking or attacking aircraft or ships, the taking of hostages and other offences against the person, the theft of nuclear material, the placing of explosives in public places, the heavy and large-scale destruction of public or private property, endangering the lives of people, or causing the interruption of supply of water, electricity, or any other important utilities. Art. 230, Criminal Code of Albania.
It is specified that: "Actions that cause the disruption of an important service, system, public or private activity, as a result of protests, civil disobedience, or strikes, shall not be considered offences for terrorist purposes under the meaning of this Article". Art. 230, Criminal Code of Albania.
A terrorist organization is a special form of criminal organization, composed of two or more persons, who have a stable cooperation in time, with the aim of committing acts with terrorist purposes.
Adherence to Global and Regional Terrorism Treaties
Albania is a State Party to the major global terrorism treaties. It is a signatory but not yet a State Party to the 2005 Nuclear Terrorism Convention.
|
Treaty |
Adherence |
|---|---|
| 1973 Convention on Crimes against Internationally Protected Persons | State Party |
| 1979 Hostage-Taking Convention | State Party |
| 1997 Terrorist Bombings Convention | State Party |
| 1999 Terrorist Financing Convention | State Party |
| 2005 Nuclear Terrorism Convention | Signatory |
Albania is a State Party to the four regional terrorism treaties in Europe.
| Treaty | Adherence |
|---|---|
| 1977 European Convention on the Suppression of Terrorism | State Party |
| 2003 Protocol amending the European Convention on the Suppression of Terrorism | State Party |
| 2005 Convention on the Prevention of Terrorism | State Party |
| 2015 Additional Protocol to the Convention on the Prevention of Terrorism | State Party |
Laws and Penalties for Terrorist Offences
For the perpetration of terrorist offences, Albania prescribes imprisonment of no less than fifteen years but extending to life imprisonment. Art. 230, Criminal Code of Albania. Similar penalties apply to the "provision or collection of funds, by any means, directly or indirectly, with the intent to use them or knowing that they will be used, in whole or in part: a) to commit offences for terrorist purposes; b) by a terrorist organisation; c) by a single terrorist". Art. 230A, Criminal Code of Albania.
Inciting, advocating publicly, or distributing propaganda with the aim of supporting or committing one or more acts for terrorist purposes and financing of terrorism, if they do not constitute another criminal act, are punishable by imprisonment of between four and ten years. Art. 232A, Criminal Code of Albania.
The criminal code also provides for criminal liability in the event of the "creation of armed mobs to oppose public order through violent acts against the life, health, personal freedom of the person, in order to arouse fear and mass insecurity". The maximum sentence is ten years in prison. Art. 233, Criminal Code of Albania.
Counterterrorism Capacities and Policies at Domestic Level
The Department of Neutralization of Armed Elements (RENEA) is the main Albanian counterterrorism response unit. The Department was created in the early 1990s.
Law No. 1/2020 "For preventive measures in the framework of strengthening the fight against terrorism, organized crime, serious crime and consolidation of public order and security" delineates the emergency interventions in the effort to intensify the fight against organized crime and terrorist groups. Albania states that it respects fundamental human rights and freedoms, including the principles of necessity and proportionality, in the application of measures under the Act. In February 2022, the law was alleged before the Constitutional Court to be unconstitutional.
In December 2020, Albania approved the new Cross-Cutting Counter-Terrorism Strategy 2021-2025 and its Action Plan 2021-2023.
Glossary
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