Albania’s government has envisioned changes to the Law on Rallys, through which it aims to toughen fines for violations during the protests, determine temporary restrictions about specific objects, and create a special electronic registry for individuals referred to or under investigation for violent acts during public gatherings.
Under the proposed changes, fines for disobeying the police order for the distribution of a rally could amount to up to $200,000, about 2,000 euros. When the person is with hidden identity, the fine could amount to up to $500,000, about 5,000 euros.
For participating in a banned rally and illegal identity hiding are envisioned fines ranging from $10,000 to $100,000, about 100 to 1,000 euros, respectively. Meanwhile, failure to comply with the order to leave a protected zone could be fined by a fine of up to 100,000, about 1,000 euros.
To block automobile routes during protests, when vehicle flow and action is prevented, there is no criminal act, the 5,000-dollar fine — around 50 euros — for each person every day for the deadlock.
The changes also envision fines of between 10,000 and 100,000 dollars (about 11050,100 euros) for disobedience to the police’s order to cut and distribute the rally in cases stipulated by law. For the use of uniforms, signs, or symbols contrary to the law, the fine is forecast from 50,000 to 100,000 dollars (about 550,500,100 euros).
Temporary Limitations for Gatherings
According to the norm act, the police, with the mayor’s approval, can ban or limit gatherings to a specific perimeter around educational, health, or state institutions, when there is real, serious, and close risk of violence on persons or serious property damage.
Limitation can last up to 72 hours and can only be renewed once through a new decision of reason. The decision must set the perimeter, length, and reason for restriction, as well as be published before it is implemented.
Interested persons may complain at the administrative court, which must decide within 48 hours. Restriction cannot include the entire territory of a local self-government unit.
The changes also envision the possibility of police ordering a person to leave a protected area for up to 48 hours if his concrete conduct includes threats, repeated harassment, violence, property damage or violent obstruction of access to the area.
The order should be given in writing, containing specific reasons and facts, as well as being handed over to the individual. The measure cannot be implemented because of participation in a peaceful rally, personal characteristics, nationality, social status, appearance or just due to criminal precedents.
Measures for Calling for Violence on Social Networks
The package also includes provisions for messages containing calls for violence during the organization or development of gatherings scattered through social networks, e – mails, or telephone communications.
In such cases, after identifying the account, the electronic address, or the phone number through which communication has been made, the police may send an announcement about the elimination of content and the failure to repeat such actions. If the content is not hidden or the actions are repeated, police may take measures in line with legislation in force.
Also, police will record with audiovisual instruments warnings about the distribution of gatherings, as well as acts of violence against persons or property injuries during the protests. The censuses will be preserved and processed under relevant legislation, including the Law on Personal Data Protection.
Special Director for Individuals or Under Investigation
In addition to amendments to the Law on Rallys, the package includes a decision on the creation and operation of a special electronic registry, to be managed by the General Directorate of State Police.
This registry will include persons referred to in the prosecution or under investigation for criminal acts against state authority, order and public security, when cases include concrete actions towards the life and health of persons or public and private property during public gatherings and manifestations.
The registry will contain information on the identity of persons, the source of information, the registration date, the number of reference and limited measures in power, if there are any. Data exchange will be done through authorized electronic systems.
Border and Migration police will have limited access to the registry for border verification and implementation of restrictive measures. Under the decision, in certain cases, when concrete data results from individual verification for participation in violent actions during manifestations, the exit from Albania’s territory could be administratively rejected, according to legal provisions cited in the decision.
The decision also envisions that the State Police announce private accommodation structures for persons for whom there are concrete information concerning participation in such actions, when relevant materials are referred to the prosecution.
The need to store registered persons’ data should be revised within 30 days of the census. If the competent prosecution reports that there will be no criminal proceedings or that the case has been fired, the person’s data should be deleted from the register.
