Identifier
Created
Classification
Origin
08TIRANA438
2008-06-12 05:05:00
UNCLASSIFIED
Embassy Tirana
Cable title:  

HAGUE ABDUCTION ACCESS - ALBANIA

Tags:  CASC KOCI AL 
pdf how-to read a cable
VZCZCXYZ0010
RR RUEHWEB

DE RUEHTI #0438 1640505
ZNR UUUUU ZZH
R 120505Z JUN 08
FM AMEMBASSY TIRANA
TO SECSTATE WASHDC 7167
UNCLAS TIRANA 000438 

SIPDIS

DEPARTMENT FOR CA/OCS/CI

E.O. 12958: N/A
TAGS: CASC KOCI AL
SUBJECT: HAGUE ABDUCTION ACCESS - ALBANIA

REF: STATE 117550

UNCLAS TIRANA 000438

SIPDIS

DEPARTMENT FOR CA/OCS/CI

E.O. 12958: N/A
TAGS: CASC KOCI AL
SUBJECT: HAGUE ABDUCTION ACCESS - ALBANIA

REF: STATE 117550


1. Albania has acceded to the 1980 Convention on the Civil Aspects
of Child Abduction and the Convention entered into force in Albania
on August 1, 2007.

Central Authority


2. Albania has designated the Ministry of Justice as the Central
Authority pursuant to the Convention.

Compatibility of Legal System


3. The Albanian legal system is not currently compatible with
implementation of the Convention. The local courts and the Albanian
judicial system do not have any legal mechanisms to effectively
handle child abduction cases because they currently lack any
enforcement mechanisms for child custody orders in general.
Furthermore, widespread corruption in the Albanian judiciary and the
lacim& %f&e#t(r$b$s2 .f e.flrcement of judicial decisi/hQ #aQtQ
q$r(c4s `.e"d that Albania's courts have0Q`!!pQb(`(t8 4e `$d$
these cases. Recent stQ Q!Q !Q `1` !,p"#6a$ent in these areas,
but D@ BQ@(@QhQ`Q Q`Q`
@an judiciary throughout th$CQBQBQ0QQQQQQ@QQQp`y handle child abduction`PQp@`Q`Q aaQaaQ@QAd at
this time.


4. Q`@QPQ@@ Q ```@Q@e by the American Bar Ass#QQ ! QQ`Q aQQ@Cean and Eurasian Law InitQ0 QQ Q !@Q@r
the Albanian legal sy3Q` Q QQd concern included
corruQ@@QQhe limited nature of courts' subpoena,
contempt and enforcement powers, and limited judicial resources.
More recently, Transarency International found that Albania is
regarQed as one of the most corrupt countries in the wor,d in terms
of petty bribery and a large portion of Albanian citizens consider
their legal system, judiciary, and police to be corrupt. While
Albania continues to work to improve its legal system, much work
remains.

Implementing Legislation


5. The Ministry of Justice announced that no implementing
legislation or regulations are required to fully implement the
Convention into Albanian domestic law. Article 122 of the Albanian
Constitution further provides that the Hague Abduction Convention is
self-executing: "Any ratified international agreement constitutes
part of the integral system of the internal legal system after it is
published in the Official Journal of the Republic of Albania." The
Convention does not appear to be at odds with any provision of the
Family/Civil Code, but even if any discrepancy were found, the
Constitution provides that the Convention would trump domestic law:
"Any international agreement ratified by law has priority, in case
of conflict, over the law of the country when the direct application
of the norms issued by the organization is expressly contemplated in
the agreement ratified by the Republic of Albania for participation
therein."

Enforcement Measures


6. The Bailiff's Office in Albania has no available mechanisms to
enforce child custody orders. A recent legal report prepared to
assess the compatibility of Albanian law with the Convention of the
Rights of the Child recommended that such measures be enacted, but
currently no such mechanisms exist.

WITHERS