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Whistleblowing in Albania: A Double-Edged Sword
Tirana, Albania - Whistleblowing in Albania has become a risky endeavor, with little to no protection for those who dare to speak out against corruption and malpractices. Despite the existence of laws that theoretically provide protections for whistleblowers, the reality on the ground is far from reassuring.
Theoretical Protection vs. Reality
According to Article 9 of the Albanian Criminal Code, an administrative act is considered a decision taken by public administration organs that creates legal consequences. However, this law does not specifically address whistleblower protection, leaving individuals vulnerable to reprisal.
A Chilling Example: Kosta Trebicka’s Case
The case of Kosta Trebicka, a businessman who uncovered evidence of public corruption in exporting communist-era ammunition from Albania to the US in June 2008, is a chilling example of the risks involved. After disclosing his findings, Trebicka was found dead inside his car on a rural road in Albania, with official investigations concluding that he died in a car accident.
Lack of Witness Protection
The lack of practical witness protection provisions is evident in this case, as Trebicka expressed concerns about his life being endangered after his disclosure, but never received the status of a protected witness.
Barriers to Accessing Information
Access to information is also crucial for whistleblowers, yet Albanian laws often create barriers. The Law on the Right to Information on Official Documents guarantees individuals’ right to access official documents related to state organs or persons exercising state functions. However, this law does not clearly define what constitutes “reasonable grounds” for denying access to information.
A Case Study: Gërdec Munitions Disposal Factory
The case of Gërdec, a munitions disposal factory in Albania that exploded in 2008, killing 26 people and injuring many more, is another example of how the classification of information as a “state secret” can lead to abuse. Investigations revealed that the factory was operated mostly by women and children from nearby areas, but details about the facility were kept classified until after the explosion.
Lack of Sanctions for Misclassification
The law on state secrets prohibits classification of information in cases where the purpose is to hide law breaches, public administration ineffectiveness, or mistakes; or to deprive a person, organization, or institution of the right to access information. However, no sanctions are foreseen if this situation occurs.
Conclusion
In conclusion, whistleblowing in Albania remains a daunting task, with little protection for those who speak out against corruption and malpractices. The government must take concrete steps to address these issues and ensure that individuals can report wrongdoing without fear of reprisal.
Sources:
- Albanian Criminal Code
- Law on the Right to Information on Official Documents
- Law on State Secrets
- Wikipedia - Shpërthi mi në Gërdec