阿尔巴尼亚的过渡时期司法:通过查阅秘密档案和保存集体记忆揭示过去侵犯人权行为的真相政治

Q3 Social Sciences
Bledar Abdurrahmani, Tidita Abdurrahmani
{"title":"阿尔巴尼亚的过渡时期司法:通过查阅秘密档案和保存集体记忆揭示过去侵犯人权行为的真相政治","authors":"Bledar Abdurrahmani, Tidita Abdurrahmani","doi":"10.36941/jesr-2024-0064","DOIUrl":null,"url":null,"abstract":"During 45 years of dictatorship in Albania, many people were accused, convicted imprisoned, exiled, or persecuted for “offenses” of a political nature thereby violating basic human rights. Victims of violence, their descendants, and society as a whole have a legal right, even a moral one, to learn the truth regarding past human violations. International law, through its mechanisms, has made a valuable contribution, not only through shaping the instruments that contribute to the unveiling of the truth about communist crimes but also through fostering progress in the respective jurisdictions. Within the scope of the state's responsibilities in unveiling the truth about communist crimes, Albania has built its model through the adaptation of a series of legal and institutional measures. The purpose of this paper is to analyze the Albanian model of truth revelation, focusing especially on the politics of preservation of the archives providing access to them, and protecting historical collective memory. The study supports the hypothesis that transitional justice remains an open process because the relevant mechanisms created to make justice and reveal the truth about the bitter past have produced incomplete and insufficient results. The paper also argues that during these 33 years of democratic developments in Albania, the legal system of information on secret service files has been only recently properly contoured and the challenge remains its implementation in practice, meanwhile, the collective memory as a form of justice for the communist crimes in Albania has not yet served its basic mission. \n  \n  \nReceived: 17 January 2024 / Accepted: 12 April 2024 / Published: 5 May 2024","PeriodicalId":15617,"journal":{"name":"Journal of Educational and Social Research","volume":"291 3","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2024-05-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Transitional Justice in Albania: The Politics of Truth Revelation about Past Human Violations Through Access to The Secret Files and Preservation of the Collective Memory\",\"authors\":\"Bledar Abdurrahmani, Tidita Abdurrahmani\",\"doi\":\"10.36941/jesr-2024-0064\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"During 45 years of dictatorship in Albania, many people were accused, convicted imprisoned, exiled, or persecuted for “offenses” of a political nature thereby violating basic human rights. Victims of violence, their descendants, and society as a whole have a legal right, even a moral one, to learn the truth regarding past human violations. International law, through its mechanisms, has made a valuable contribution, not only through shaping the instruments that contribute to the unveiling of the truth about communist crimes but also through fostering progress in the respective jurisdictions. Within the scope of the state's responsibilities in unveiling the truth about communist crimes, Albania has built its model through the adaptation of a series of legal and institutional measures. The purpose of this paper is to analyze the Albanian model of truth revelation, focusing especially on the politics of preservation of the archives providing access to them, and protecting historical collective memory. The study supports the hypothesis that transitional justice remains an open process because the relevant mechanisms created to make justice and reveal the truth about the bitter past have produced incomplete and insufficient results. The paper also argues that during these 33 years of democratic developments in Albania, the legal system of information on secret service files has been only recently properly contoured and the challenge remains its implementation in practice, meanwhile, the collective memory as a form of justice for the communist crimes in Albania has not yet served its basic mission. \\n  \\n  \\nReceived: 17 January 2024 / Accepted: 12 April 2024 / Published: 5 May 2024\",\"PeriodicalId\":15617,\"journal\":{\"name\":\"Journal of Educational and Social Research\",\"volume\":\"291 3\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2024-05-05\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Educational and Social Research\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.36941/jesr-2024-0064\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Educational and Social Research","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.36941/jesr-2024-0064","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 0

摘要

在阿尔巴尼亚 45 年的独裁统治期间,许多人因政治性 "罪行 "而受到指控、定罪、监禁、流放或迫害,从而侵犯了基本人权。暴力受害者、他们的后代以及整个社会都有了解过去侵犯人权行为真相的合法权利,甚至是道德权利。国际法通过其机制做出了宝贵的贡献,不仅制定了有助于揭露共产主义罪行真相的文书,还促进了相关司法领域的进步。在国家揭露共产主义罪行真相的责任范围内,阿尔巴尼亚通过调整一系列法律和制度措施,建立了自己的模式。本文旨在分析阿尔巴尼亚的真相揭示模式,尤其侧重于档案保护政治,提供档案使用权,以及保护历史集体记忆。研究支持这样一种假设,即过渡时期司法仍然是一个开放的进程,因为为伸张正义和揭示痛苦过去的真相而建立的相关机制产生了不完整和不充分的结果。本文还认为,在阿尔巴尼亚民主发展的这 33 年中,有关特工档案信息的法律制度只是在最近才得到适当完善,在实践中的执行仍然面临挑战,与此同时,作为阿尔巴尼亚共产主义罪行的一种正义形式,集体记忆尚未完成其基本使命。 收到:2024 年 1 月 17 日 / 已接受:2024 年 4 月 12 日 / 出版:2024 年 5 月 5 日
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Transitional Justice in Albania: The Politics of Truth Revelation about Past Human Violations Through Access to The Secret Files and Preservation of the Collective Memory
During 45 years of dictatorship in Albania, many people were accused, convicted imprisoned, exiled, or persecuted for “offenses” of a political nature thereby violating basic human rights. Victims of violence, their descendants, and society as a whole have a legal right, even a moral one, to learn the truth regarding past human violations. International law, through its mechanisms, has made a valuable contribution, not only through shaping the instruments that contribute to the unveiling of the truth about communist crimes but also through fostering progress in the respective jurisdictions. Within the scope of the state's responsibilities in unveiling the truth about communist crimes, Albania has built its model through the adaptation of a series of legal and institutional measures. The purpose of this paper is to analyze the Albanian model of truth revelation, focusing especially on the politics of preservation of the archives providing access to them, and protecting historical collective memory. The study supports the hypothesis that transitional justice remains an open process because the relevant mechanisms created to make justice and reveal the truth about the bitter past have produced incomplete and insufficient results. The paper also argues that during these 33 years of democratic developments in Albania, the legal system of information on secret service files has been only recently properly contoured and the challenge remains its implementation in practice, meanwhile, the collective memory as a form of justice for the communist crimes in Albania has not yet served its basic mission.     Received: 17 January 2024 / Accepted: 12 April 2024 / Published: 5 May 2024
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
Journal of Educational and Social Research
Journal of Educational and Social Research Social Sciences-Social Sciences (miscellaneous)
CiteScore
1.20
自引率
0.00%
发文量
165
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:604180095
Book学术官方微信
小红书