The criminal offence of torture in the context of criminal-law protection of human person in the Western Balkans

• Author: Etlon Peppo
• Position: Law firm 'Loloci & Associates', University of Tirana, Albania
• Pages: 193-202

193

IIPCCL Publishing, Tirana-Albania

Academic Journal of Business, Administration, Law and Social Sciences Vol. 1 No. 3

November 2015

ISSN 2410-3918

Acces online at www.iipccl.org

The criminal offence of torture in the context of criminal-law protection of

human person in the Western Balkans

MSc Etlon Peppo

Law firm “Loloci & Associates”,

University of Tirana, Albania

Abstract

With the transition of the countries from a social system to another, it is understood that

major changes have happened in all the areas of life, affecting even the field of the illegal

criminal offences including the criminal offences directed against the human person. The

human rights movements have played an important role in different time periods of the human

history. The human rights and their further development represent one of the ways of the

realization of the social changes. The states themselves have undertaken long-term social

changes through the protection of the human rights. Due to the commitments of the civil

movements for the human rights, nowadays we have laws that protect, respect and guarantee

the human rights and fundamental freedoms, among which: the prohibition of torture. As a

consequence of the efforts of such movements, international documents or acts have been

ratified and national laws have been implemented by the state authorities resulting in providing

a complete and wide protection for the citizens. In this context, the prohibition of torture and

inhuman or degrading treatments or punishments constitutes a guarantee for the citizens

against any kind of abuse and it represents an incontestable norm.

Keywords: torture, prohibition of torture, criminal-law protection of the human person,

Western Balkans.

Introduction

The human rights and fundamental freedoms constitute absolutely one of the main

aspects of human society. The process of democratization of a country passes from

their recognition and guarantee. Historically, there have been numerous efforts to

respect them in the name of democracy. However, often, arbitrary positions and

infringements of the human rights and fundamental freedoms, the non establishment

of the appropriate institutional mechanisms by the states in order to protect these

rights have led to the outrage of human dignity and to the creation of serious obstacles

for the implementation of the real democracy (Zaganjori, 2002, 18). The civil

movements for the human rights have played an important role In this direction,

during different periods of the human history constituting in themselves one of the

ways for the realization of the social changes. Namely, these social changes with global

effects were followed by significant changes in all the areas of human life including

the criminal offences against the human person. Following these consecutive social

changes, today all the social systems are built and based on a system of values that

have in center the human person and that require more and more the expanding of

IIPCCL Publishing, Tirana-Albania

Academic Journal of Business, Administration, Law and Social Sciences Vol. 1 No. 3

November 2015

ISSN 2410-3918

Acces online at www.iipccl.org