The request of the DP Parliamentary Group, which submitted today to the Constitutional Court a lawsuit regarding the agreement with Italy for immigrants, is clarified.
The DP Parliamentary Group has requested the declaration of the Protocol of the Albanian government with the Italian government incompatible with the Constitution, based on 10 arguments. with a letter signed by 30 deputies, the group represented by Gazment Bardhi, presents the following arguments.
THE REQUEST OF THE PARLIAMENTARY GROUP OF THE DP TO THE CONSTITUTIONAL COURT FOR THE AGREEMENT WITH ITALIAN IS DISMISSED
The Parliamentary Group of the Democratic Party has requested the declaration of the Protocol of the Albanian government with the Italian government as incompatible with the Constitution, based on the following arguments:
1. This protocol was negotiated and signed in the absence of authorization from the President of the Republic, which is an essential condition referring to articles 4, 7 and 92/e of the Constitution of Albania, the Vienna Convention on the Law of Treaties and the jurisprudence of the Constitutional Court ( decision No. 15/2010).
2. The protocol was signed without being published in the Official Gazette for approval in principle, which means that it still had no legal force. Signing without a valid decision of the Council of Ministers for approval in principle comes against the internal legal framework for international agreements.
3. The Protocol was negotiated and signed in the absence of consultation and cooperation with the Office of the UN High Commissioner for Refugees, which is in violation of Article 35 of the Geneva Convention. In a public response, the Commissioner's Office has stated that we are not part of this agreement nor are we aware of it.
4. The protocol violates and violates the rights that the Constitution of Albania recognizes for foreigners. Pursuant to Article 16 of the Constitution, foreigners enjoy the same rights as citizens, with the exception of those related to citizenship. While the Protocol denies this category of foreigners every right that the Albanian Constitution guarantees for every individual in the Republic of Albania.
5. The Protocol foresees the unjust limitation of freedom, which is contrary to Article 27 of the Constitution of Albania and Article 5 of the European Convention. While these individuals will remain locked up indefinitely, they are not guaranteed any right of appeal to challenge their imprisonment. Referring to the jurisprudence of the Strasbourg Court, the detention of foreign nationals or stateless persons for an unlimited period of time, without any particular reason, and without being subject to judicial review, constitutes a flagrant violation of Article 5 of the European Convention on Human Rights. To the man. This concern has been strongly raised by the Commissioner of the Council of Europe for Human Rights, the European Council for Refugees and Migrants, Amnesty International, as well as 29 local and foreign organizations, in a public letter, where they ask the Albanian government to withdraw from this agreement.
6. In the framework of the Geneva Convention, the Albanian state has the obligation to offer international protection to foreign citizens or stateless persons who need it, guaranteeing a series of rights for them.
7. The protocol violates the principle of equality.
8. The Constitution of Albania, the European Convention on Human Rights, the Geneva Convention, the jurisprudence of the ECtHR, but also the decision of the British Supreme Court recently, categorically prohibit the collective deportation of foreigners, as well as the individual deportation of persons who may to threaten his freedom and life unjustly.
9. The Albanian state cannot justify that the responsibility for the treatment of these individuals lies with the Italian state, because as the Strasbourg Court has emphasized in the Jamaa v. Italy decision, no member state of the Council of Europe is exempt from the responsibility for respecting rights under the Convention, as long as these individuals are in its territory.
10. The Albanian state has the obligation to respect basic human rights and freedoms, according to the provisions of the Constitution, the European Convention, the Vienna Convention, the Geneva Convention and the jurisprudence of the Strasbourg Court. This Protocol constitutes one of the most flagrant cases of violation of a set of rights and freedoms guaranteed by the Constitution and international law.
Pursuant to point 3, article 52, of the organic law for the Constitutional Court, the latter must decide the immediate suspension of the parliamentary procedures for the ratification of this Protocol, until the review of the request is completed.