Journal articles on the topic 'Deportee(s)/deportation(s)'

Introduction. The proposed publication consists of an introduction, texts of two biographical interviews and comments thereon. Both the conversations took place in Elista (2004, 2017) as part of the research project ‘Everyone Has One’s Own Siberia’ dedicated to the important period in the history of Kalmykia though not yet sufficiently explored by anthropologists and sociologists — the deportation of Kalmyks to Siberia (1943–1956) and related memories. Goals. The project seeks to show the daily survival practices of Kalmyks in Siberia. In the spontaneous biographical interviews focusing on the years of Kalmyk deportation, not only the facts cited are important — of which we would otherwise stay unaware but from the oral narratives — but also the introduced stories of inner life: feelings and thoughts of growing girls. Methods. The paper involves the use of textual analysis and the method of text deconstruction. Results. The transcribed texts show survival and adaptation strategies employed by the young generation of ‘special settlers’ in places of forced residence. For many Kalmyks of that generation, high school was a ‘glass ceiling’, a limitation in life choices. In the narrative of R. Ts. Azydova, we face a today unthinkable social package for KUTV students with children — this illustrates how the korenization policy for indigenous populations in the USSR worked, and provides insight into daily practices of pre-war Elista. The story of T. S. Kachanova especially clearly manifests the ‘language of trauma’, first of all, through the memory of the body, vocabulary of death and displays of laughter. The texts of the interviews shall be interesting to all researchers of Kalmyk deportation and the memory of that period.

This article examines the deportation from interwar Egypt of socialists, communists and syndicalists, who were either resident foreigners or “local subjects of foreign extraction.” The article surveys these ideological-ethnic deportations as an example of the colonial rule of difference. It analyzes the changing tactics employed by the British authorities to legitimize and institute the practice in Egypt as a means to facilitate the policing of the colonized population, prior to and after the Unilateral Declaration of Egypt’s Independence of 1922. The article then inquires into the ramifications of these deportations on nationalist discourse, and the ways in which the practice of colonial exceptionalism became incorporated into the laws and practices of the postcolonial Egyptian state, during the gradual transition to independence.

The proposed scientific exploration of the author traces the course of unprecedented 1930’s repression and genocide of national minorities in the USSR, including Poles who were the first nation to go through in this tragic Stalinist experiment. It should be stressed, that these problems are sure to be given an objective and ideologically unprejudiced consideration. According to the author, such approach will considerably facilitate better understanding and embracing of the so-called ‘rough and tough issues’ of shared history of the two neighboring nations. What is more, the problem under study is investigated through the prism of the causes and the course of mass deportations of Poles from the USSR to Kazakhstan.
 Keywords: Deportation, genocide, displacement, border, international relations, Polish people, minority, Ukrainian-Polish relations

During times of war or political crisis such as the terrorist attacks of 11 September 2001 in the United States, minorities that share the same ethnic or religious background as the “enemy” of the state are subject to backlash. This backlash takes several forms. First, members of the majority population may engage in scapegoating of the targeted population (i.e., acts of intimidation, harassment, verbal abuse, and physical violence against persons and/or property). Extreme forms of such behavior (e.g., murder, arson) are categorized by law as “hate crimes.” Second, pre-existing, or newly created, negative stereotypes of the targeted group(s), propagated in the media, often fuel the actions of the hatemongers. Third, the state responds to perceived threats to the nation’s security and sovereignty by targeting members of the ethnic/religious group(s) for scrutiny and repression, allegedly because they constitute a fifth column, or have the potential to become a fifth column, within its borders. Government reprisals in American history have included internment, detention, deportation, mandatory identification cards, surveillance, and prosecution (Bozorgmehr and Bakalian, “Post-9/11”). While the state may not condone citizens’ vigilante actions, its own policies are likely to send a different message.

Abstract : Aravind Adiga’s Amnesty is a gripping socio-psychological investigation of the immigrant experience told via the story of Danny, an undocumented Sri Lankan residing in Sydney, Australia. The present research paper deals with the aspect of how the novel delves into the psychological difficulties of persons who live in legal and social limbo, always negotiating dread, guilt, and moral uncertainty, and it will also study how Danny’s identity and actions are shaped by dread of deportation, the burden of ethical quandaries, and the desire for survival, all of which are intertwined with his complicated psychological quandary. The paper also highlights how his fear is exacerbated by his awareness that his silence could have negative effects, demonstrating how cognitive dissonance and moral obligation interact to cause psychological strain in people facing such problems. The novel emphasizes the universal human need for security and belonging, as well as how these needs shape, and are affected by the hostile circumstances in which they exist. This paper will also analyze how the novel depicts the human cost of living in the shadows, emphasizing the severe emotional and psychological toll of continually balancing survival and morality.

The complex relationship between people and places has increasingly become a subject of scholarly inquiry with the rapid growth of globalizing processes since the 1990s. Place attachment and memories are central to coming to terms with one's fate, especially for people displaced from their homelands by economic or ecological crises and political conflicts. Music plays an important role in coping with insuing inequalities and feelings of powerlessness. For example, politically engaged bands often build on musical styles and genres located in specific listening traditions to musically challenge an unjust judicial system by subverting auditory spaces. This article focuses on Los Jornaleros del Norte, a California-based band that assumes power in a socio-acoustic space by "Chanting Down the Walls" of detention centers and prisons where migrants from Mexico and Central America are incarcerated, awaiting their deportation.

<em>В статье изучена история сотрудничества академика батальной живописи Н.С.&nbsp;Самокиша с Алупкинским дворцом-музеем в 20&ndash;30-е годы ХХ века. С директором музея Я.П.&nbsp;Бирзгалом художника связывали многолетние дружеские связи. По заказу музея Н.С.</em>&nbsp;<em>Самокиш выполнил ряд больших картин на крымские исторические сюжеты XVII, XVIII и XX столетий, а также три акварели на пушкинскую тему. Особое внимание уделено разработке татарской темы в творчестве художника в контексте проводимой советской властью национальной политики. Автор приходит к выводу, что после депортации крымских татар это направление творчества Н.С. Самокиша было подвергнуто забвению и не изучалось.</em> &nbsp; <em>This article traces the history of collaboration between the battle painting academician Nikolay Samokish and the Alupka Palace Museum in the 1920s and 1930s. The painter had long-term friendly relations with the museum&#39;s director Jan Birzgal. By the museum</em><em>&rsquo;s order</em><em>, Samokish painted a series of large paintings on the Crimean historical subjects of the 17</em><em>^th</em><em>, </em><em>18^th</em><em> and </em><em>20^th</em><em> centuries, as well as three watercolors on the theme of Alexander Pushkin in Crimea. Particular attention is paid to the development of the Tatar theme in the painter&#39;s work in the context of the Soviet government national policy.</em> <em>The author concludes that after the deportation of the Crimean Tatars this direction of N.S. Samokish </em><em>works</em><em> was forgotten and not studied.</em>

The formation process of the Crimean Tatar theater can be divided into the following periods: medieval – folk theater (the initial round dance and toy puppet theater of shadows “Karagoz”, the theater of one actor “meddah”, the arena theater “orta oyuny”); Khan`s theater in the middle of the XVIII century (penetration into the Crimea of European theater traditions in the era of the Crimean Khan Crym Girey I); the revival of traditions of the Crimean Tatar theater late XIX–XX centuries (the activities of a theater-goers group of the Jadidist Crimean Tatar youth–followers of I. Gasprinsky, under the leadership of J. Meinov – the efforts of the Crimean Tatar noblewoman-myrzachkas under the leadership of A. Taiganskaya; organization of a professional Simferopol Tatar theater troupe under the People’s Commissar of Education of the Crimean ASSR in 1921 and creation and activities of the Crimean Tatar Drama Theater, headed by A. Taigan, and the Crimean Tatar amateur movement in the Crimea, and among the Crimean Tatar foreign diaspora of 1923–1944 (Soviet pre-deportation period); recreation and current activities of the Crimean Tatar theater in the Crimea,1989 (post deportation period). In this article, for the first time in the art history, is revealed the so-called Khan`s period in the formation of the Crimean Tatar theater, discussed the revolutionary activity in the field of Crimean Tatar art, the ascetic activity of the Crimean Khan Crym Girey I to promote the ideas of European theater traditions and create a classical theater in the Crimea. The picture of the actions undertaken by the Crimean ruler in the construction of theater business in the Crimea, as well as his thoughts and statements about the theater, was recreated according to the text published in the XVIII century, memories of personal meetings and conversations with Crym Girey I of European authors: German – von der Goltz, Polish – Pilshtynova, Russian – Nikiforov, Frenchman – de Tott, Austrian – Kleeman. Based on these recollections is built a clear and explicit picture of a role of Crym Girey I as a pioneer in bringing European theater traditions and creation of a classical theater in the culture of the Crimea, the Turkic and Muslim worlds.

Article 12(4) of the International Covenant on Civil and Political Rights states: "No one shall be arbitrarily deprived of the right to enter his own country." Australia's continued practice of using the controversial "501" policy to deport individuals, who for all purposes but citizenship can be considered Australians, is a violation of this right. This article analyses the relationship between international law and domestic law on the availability of art 12(4) as a method of protection for individuals who face deportation under Australia's 501 policy. It discusses the meaning of one's "own country" and how its interpretation has developed in international law, from the travaux préparatoires of the article to the decisions of the Human Rights Committee. It then assesses how Australia's domestic legal framework has responded to the standards established in international law in relation to cases concerning 501 deportees. It demonstrates how Australia has been reluctant to exclude individuals from the scope of s 501 on the basis of their absorption into the Australian community, such that it renders Australia their "own country". Overall, it demonstrates how Australia is failing to recognise the right enshrined in s 12(4) by continuing to employ the 501 policy to deport individuals with sufficient connections to Australia such that it can be considered their "own country".

The economic hardships, dire poverty, political persecution among other reasons faced by Zimbabweans in recent years acted as push factors for them to migrate to South Africa in search of greener pastures. There are no pellucid statistics of the total number of illegal Zimbabweans residing in South Africa. Some of the undocumented Zimbabweans have been exposed to forced labour as well as underpayment in the labour industry due to lack of legal work documents. This research sought to examine the labour/ employment relations of Zimbabweans in South Africa. Two theories were examined and these are Stouffer&rsquo;s Theory of Mobility, and E. Ravenstein&#39;s laws of migration. A qualitative approach was used and the findings were drawn from the documentary analysis. The findings proved that the key challenges faced in the labour sector by Zimbabwean migrants in South Africa are fear of deportation, difficulties in securing working visas, lack of access to legal help, accommodation issues, xenophobia, marginalisation, segregation, discrimination, irregular incomes, short maternity leave, zero maternity leave benefits, non -payment of salaries, under payment of wages as well lack of work permits. In terms of policy recommendations, it was suggested that, regional cooperation on Zimbabwe Reconstruction, monitoring of the labour market, legal assistance and human rights groups, improvement in bilateral relations and diplomacy can be helpful to alleviate some of the challenges faced by Zimbabweans on South Africa.

In 1988, at the beginning of the Palestinian Intifada, a deportation case came before the Israeli Supreme Court (sitting as a High Court of Justice). The facts of the case presented no great difficulty, but the Court took the opportunity to declare the law governing the previously uncertain residence status of East Jerusalem Palestinians. The judgment of the Court was given by Barak J. In a remarkable passage, the learned judge not only examined the legislatively defined conditions for the loss of permanent residence, but went on to discuss the subsistence and expiry of this status in more fundamental terms, focusing on the “reality” of the licence-holder's presence in Israel. The case thus introduced a second, judge-made test for the loss of permanent residence, which appears to exist in uneasy parallel with the test provided by the legislature. This essay questions the propriety and the quality of Barak J.'s innovation, and examines some of its consequences.

In the novels branded as Akachi Adimora-Ezeigbo&rsquo;s trilogy, the intrepid female protagonists are known to appear in an impervious mould, challenging the patrilineal order within their Igbo society. In <em>Trafficked</em>, the novel that follows the trilogy, Nneoma is painted with visible modesty as her contemplations reveal ardent commitment towards revivifying her desecrated decency after the deportation from overseas. As the protagonist, Nneoma&rsquo;s personality summons the several metaphorical levels which reveal character reformation and maturation. This also brews suppositions on the writer&rsquo;s recline from the known morbidity in her feminist proposition towards a seemingly temperate one. Is it an attempt to tread the path of recompense for an extreme mould of characterization in her trilogy? Or, further still, a creative experimentation with her &lsquo;snail sense&rsquo; feminism? The switch in the feminist tenor is seen to go with the probability that a determined rhetorical force is achieved with a craft that ranks the ethos ahead of the logos and pathos. Pertinently, there are more urgent conflicts in the African literary arena at the time of contemplating the novel, <em>Trafficked</em>. In this regard, this paper examines the spate of conflicts which inundate the novel, there relatedness to feminist issues in Africa particularly, the measure of the intended harmony and the extent to which each conflict may have been revoked or reconciled. While some of these conflicts are merely highlighted as grave socio-political challenges, there is a consideration that each conflict provokes the kind of self awareness that stands as antidote to a barrage of disillusionments, a result of multiple anti-social acts which the trafficking and the sex trade underscore.

The article is devoted to the study of the works of foreign authors, which deal with the issues of adaptation of the peoples of the North Caucasus, forcibly relocated to Kazakhstan in the 40s of the twentieth century. Among the problems that can be called key ones on this topic, we can name the problems of everyday adaptation of special settlers in new places of resettlement, identifying the scope of their labor skills, social arrangement, and others. In the course of the analysis and evaluation of the works of foreign authors, an attempt was made to determine the degree of objectivity and impartiality in the study of the identified problem. It should be noted that in the period from the late 40’s to the 70’s. XX century, a large number of monographs, scientific articles, dissertations, etc. was written by immigrants from the USSR, who for one reason or another emigrated abroad. At the same time, in the second half of the 20th century, the topic of deportation to the USSR was also studied by foreign authors, who, in particular, were characterized by the absence of a large number of sources, primarily archival ones on the topic under study. A number of works analyzed in the article were written in recent decades, which indicates that this topic continues to be relevant today and has not been fully explored. The works of foreign authors have not lost their relevance to the present day for historical science.

The article examines the military and political activity of the Georgian prince Alexander Iraklievich (1770—1844) in Georgia and the North Caucasus, the ultimate goal of which was the idea of restoring the independence of the Kartli-Kakheti kingdom. In this struggle, the tsarevich relied on the internal Georgian opposition, the rulers of Dagestan and Kabarda, but mainly on the support of the Iranian ruler Fecht Ali Shah. The deportation of members of the Bagration royal family to Russia and the defeat of Tsarevich Alexander&amp;apos;s Dagestani allies in the early 19th century sealed the fate of the resistance of the Georgian aristocracy. The issue of Georgia’s independence was finally resolved during the Russian-Iranian War of 1804—1813. As the terms of the Gulistan Treaty of 1813 were made public, the image of the Shah of Iran as a powerful eastern ruler finally fades into the shadows in the political worldview of the Georgian elite and the rulers of the North Caucasus. Tsarevich Alexander Iraklievich also plunged into political oblivion.

The article analyzes the peculiarities of the destruction of Serbian Jews during Second Wolrd War in the local and European context. Of all the sites in Serbia relevant to the destruction of the Serbian Jews, Sajmiste is the most important. After the consideration of the attitude of Germans and Nedic?s regime toward Jews and ?Gypsies? in the context of the Final Solution, the author highlights that the Sajmiste internment camp was transformed into a local death camp-the only such site outside the territories of Poland and the Soviet Union. Serbia was the one country outside Poland and the Soviet Union where all Jewish victims were killed on the spot without deportation. It was the first country after Estonia to be declared ?judenfrei.? Moreover, in Serbia the German army was not only complicit in the Holocaust but was in fact the main instigator and executioner in the killing of the Jewish men. For this reason, in particular, Sajmiste is a unique site for Holocaust remembrance not only in the Serbian but also in the European context.

After the First Vienna Award and the occupation of southern Slovakia by the Hungarians in 1938, the Jesuits from Košice had to move from the newly built house to a new residence in Spišská Nova Ves. The small community repaired the church and the habitation in which it lived. The order took over the rights and duties of the vicariate, so it had to teach religion in the city and its surroundings. The Jesuits often had to deal with personnel issues and especially the problematic figure of Father Ján Guga, who had a close relationship with the Orthodoxia and Russia. In the city, they watched the movements of the troops and experienced the atmosphere of war. The most unpleasant situations were connected with the persecution and deportation of the Jewish population, whom the superior of the house, Štefan Kramár, tried to help by baptizing them. The documents of the house were preserved in the Michal Lacko´s Centre of Spirituality East-West, where they are stored, only until August 1943. For this reason, we only know detailed information about the life of the Jesuits in Spišská Nová Ves until this period.

El presente trabajo examina como a partir de 1864, siendo Capit&aacute;n general de Cuba Domingo Dulce, comenz&oacute; una pol&iacute;tica de deportaciones de delincuentes e individuos considerados de &laquo;mal vivir&raquo;. Se analiza asimismo a trav&eacute;s de las fuentes documentales del Ministerio de Ultramar, los papeles de la colonia de Fernando Poo y los generados en la propia Cuba, c&oacute;mo las autoridades antillanas justificaron las deportaciones apelando a un supuesto incremento en la criminalidad, que les permiti&oacute; imponer un orden social cada vez m&aacute;s restrictivo en momentos de incertidumbre socioecon&oacute;mica y pol&iacute;tica. La importancia de la deportaci&oacute;n como m&eacute;todo de control social se incrementar&iacute;a en 1866 con el comienzo de una grave crisis econ&oacute;mica, una situaci&oacute;n social todav&iacute;a m&aacute;s degradada, una expansi&oacute;n del independentismo y un nuevo Capit&aacute;n general, Francisco Lersundi, de tendencia m&aacute;s conservadora. Estas actuaciones no pueden estar desligadas de las teor&iacute;as criminol&oacute;gicas de la &eacute;poca, que determinaron la salida de la colonia de los deportados, el modo en que se llev&oacute; a cabo y las condiciones a las que fueron sometidos en los puntos de remisi&oacute;n. Abstract This paper examines how, starting in 1864, during the tenure of Domingo Dulce as Captain-General of Cuba, began a policy of deporting criminals and individuals considered to be of "ill repute". It also analyzes, through documentary sources from the Ministry of Overseas Territories, the records of the Fernando Poo colony, and those generated within Cuba itself, how the Antillean authorities justified the deportations by appealing to a supposed increase in crime. This allowed them to impose an increasingly restrictive social order during times of socioeconomic and political uncertainty. The importance of deportation as a method of social control would increase in 1866 with the onsetof a severe economic crisis, a further degraded social situation, an expansion of the independence movement, and a new, more conservative Captain-General, Francisco Lersundi. These actions cannotbe separated from the criminological theories of the time, which determined the deportees' departure from the colony, the manner in which it was carried out, and the conditions to which they were subjected at their destination.

Operation Vistula was one of the largest military and repressive operations carried out after the war by the Polish Army. It was attended, among others, by 12th Combined Infantry Regiment, which was formed on the basis of the 12th Szczecin Infantry Division. The 12th Combined Infantry Regiment was a military reserve of the Vistula Operational Group and from the first days of its operation it was used mainly against the Ukrainian Insurgent Army units manoeuvring in the field. The moderate successes achieved by the regiment compared to other units focusing on the displacement of civilians made the commander of the Vistula Operational Group, General S. Mossor, present this tactical unit as a model for other units. The source analysis carried out by the author forces us to revise this analysis of events. Compared with those of other units, the successes of the 12 Combined Infantry Regiment were not as great as Mossor claims, particularly when we consider that this unit was released from a time-consuming deportation action. The 12th division of the Polish Armed Forces is stationed in Western Pomerania to this day, continuing the tradition of the 12th Infantry Division of the Polish People’s Army. It is important to remember that participation in the largest repressive operation of Stalinist Poland brought no glory to this unit.

Cross-border migration is a multifaceted phenomenon influenced by economic, demographic, socio-cultural, political, and miscellaneous factors. The push-pull theory effectively explains this dynamic, highlighting the drivers that compel individuals to leave their home countries&mdash;such as poverty, political instability, and environmental crises&mdash;and the attractions of destination countries, including economic opportunities, safety, and cultural ties. India, as a prominent South Asian nation, experiences significant migration flows from neighboring countries like Bangladesh, Nepal, and Myanmar due to shared cultural heritage, economic growth, and geographic proximity. India manages migration through a robust legal framework, including the Foreigners Act (1946), Passport (Entry into India) Act (1920), and Citizenship Act (1955), which regulate the entry, stay, and departure of foreigners. Undocumented migrants are classified as illegal and subject to deportation or detention, with the Foreigners Tribunal playing a crucial role in determining citizenship in sensitive regions like Assam. However, India also adopts a humanitarian stance, offering protections to groups facing persecution, such as Tibetan and Tamil refugees, and implementing policies like the Citizenship Amendment Act (2019) to provide a pathway to citizenship for religious minorities from neighboring countries. India&rsquo;s approach exemplifies the balance between national security and humanitarian obligations, underscoring the importance of regulated migration policies that address both push-pull dynamics and ethical responsibilities in a globalized world.

Based on the historical-legal approach, the author studies the national-separatist organization The Forest Brothers that was acting in Lithuania in 1944 - 1953 and was resisting the authorities by means of terrorist acts. The research subject is the set of measures aimed at suppressing nationalist armed groups. Special attention to this research is caused by the necessity to analyze the activities of the Forest Brothers, as in Lithuania since the Post-Soviet period, the actions of nationalists have been heroified, many of whom, during the occupation, served in divisions under the German administration. The purpose of the research is the historical and legal assessment of the activities of separatists in postwar Lithuania. Special attention is given to the operative activities of NKVD aimed at suppressing regional extremism and introducing legal order in postwar Lithuania. Special contribution of the author is the consideration of the problem of national-separatism in Lithuania. It&amp;rsquo;s been established that to suppress and oppose the Forest Brothers, the bodies of NKVD and the Ministry of the Interior of the Republic developed a set of operative, tactical and ideological measures which helped as early as by the late 1945 to change the situation in the Republic and achieve the permanent annual decrease of destructive actions of nationalists, and since the late 1940s - the early 1950s to fully control the criminogenic situation in the Republic. It&amp;rsquo;s been established that the set of measures against Lithuanian separatists consisted of five main directions which included the creation of People's Defense Platoons known as &amp;ldquo;Destroyers&amp;rdquo;, constant mopping up of forests for extinguishing the resistance zones, intelligence work, large scale amnesty of fighters, deportation of persons who shared the ideas and supported nationalism and separatism. The scientific novelty of the research consists in the critical scientific insight into Lithuanian separatism, its prerequisites and methods of struggling against it by the internal affairs bodies of Lithuania in 1944 - 1953.&amp;nbsp; &amp;nbsp;

The purpose of the research&nbsp;is to reveal the peculiarities of &ldquo;Antuni&rsquo;s&rdquo; performance by Edgar Hovhannisyan staged by choreographer Maxim Martirosyan (1969) it is the first ballet on the Armenian Genocide in Turkey and the first ballet on Komitas as a variant of the choreographic interpretation of tragic events in the history of Armenians.&nbsp;Methodology.&nbsp;By a detailed analysis of the video recording of the ballet &ldquo;Antuni&rdquo;, artistic features of the ballet were revealed.&nbsp;Scientific novelty.&nbsp;The correspondence of the script of M. Martirosyan and his statement has been revealed, the genre affiliation of the ballet has been determined, its forms are structures, types of dramatic development, interpretation features of the characters, especially the main character, the specifics of the choreographic language.&nbsp;Conclusions.&nbsp;The drama of the ballet &ldquo;Antuni&rdquo; is built on a cross-cutting principle and is akin to a number of works of cinematic genre. The principles of interpretation of events and the image of the hero are allegorical. The choreographic text combines elements of classical, national dance and free movement. In &ldquo;Antuni&rdquo; there are no variations of forms, codes, etc., characteristic of classical ballet. There are choreographic monologues and dialogues that always accompany and complement the corps de ballet. The development action in two stage planes creates an opportunity for the &ldquo;polyphonic&rdquo; transmission of both the hero&rsquo;s thoughts and experiences, as well as the visualization of polyphonic music works. Martirosyan did not set himself the task of visualizing a musical score created by E. Hovhannisyan, but a choreographic interpretation of polyphonic choral arrangements, in some cases of Komitas&rsquo; piano dances. In the first part, the mass scenes visualize the variety of Komitas&rsquo; multi-vocal works, and in the second part &ndash; his perception of the horrors of genocide and deportation and his mental attempts to get out of the nightmarish impasse. After the performance of Martirosyan, a number of Armenian choreographers created many choreographic interpretations of a large and small form about Komitas and the Armenian Genocide, but none of them has yet surpassed &ldquo;Antuni&rdquo;.

Returnee entrepreneurs are often represented in migration and development dis- courses as agents of development. This assumes that they acquire valuable socio-economic resources abroad, which help them to create successful businesses upon return. However, we have scant knowledge of the impact of the geopolitical context on returnee entrepreneurs or their coping strategies. Latin American returnees in particular, have received little attention, and few studies focus on migrants with &lsquo;South-to-South&rsquo; return trajectories. Emphasising the role of territorial conflicts and the agency of individuals, I use a feminist geopolitical perspective to address these gaps. I contribute to migration, mobility, and development studies by studying whether Colombian migrants returning from Venezuela can reintegrate as successful entrepreneurs. Further, I offer the concept of transmobilities to study the cross- border nature of strategies of reintegration. The 30 returnees studied have a trajectory of repeated forced mobilities, ranging from internal displacement in Colombia, subsequent emigration to Venezuela, and final deportation to Colombia by Venezuela&#39;s government. I combine the qualitative methods of multi-sited ethnography, biographical interviews, mental maps, and participatory Minga workshops. The analysis shows that Colombian returnees face intense difficulties in reintegrating despite their strong motivation and entrepreneurial spirit. The geopolitical context of armed struggle, an absent Colombian state, and territorial conflicts between Colombia and Venezuela create an unfavourable environment for returnee entrepreneurs. Consequently, they develop transmobility strategies &mdash; including the movement of people, goods, and capital across national borders &mdash; at the risk of their own lives. The simplistic discourse of returnees as agents of development needs to be revised.

The purpose of the study is to reconstruct the Polish-Ukrainian discourse of&nbsp;editorial and journalistic works of Yulian Tarnovich. The methodology of the study is to combine general scientific (abstracting, analysis and synthesis, induction, deduction, classification, typology, generalization), interdisciplinary (comparative, critical, systematic, structural and system approach), and specially historical (comparative-historical, problem-chronological, periodization, retrospective) methods. In the course of&nbsp;the&nbsp;study, it was discovered that Y. Tarnovich paid particular attention to the most problematic period of the Polish-Ukrainian relations &ndash; 1920&ndash;1940s, marked by attempts to denationalize the Lemkos in the Second Commonwealth, an&nbsp;international confrontation during the period of the German-Soviet War, by&nbsp;forceful deportation of&nbsp;the&nbsp;Lemkos from their native land in 1945&ndash;1947. It is stated that the&nbsp;publicist covered this complex subject not from a narrow national position, but&nbsp;from the&nbsp;standpoint of universal values. By&nbsp;providing numerous examples Y.&nbsp;Tarnovich showed that when the stronger ignores ordinary human rights, he&nbsp;becomes weaker in the long run, he destroys himself, because barbarism in relation to the neighbor generates the energy of self-destruction. The&nbsp;conclusions about the&nbsp;saturation of&nbsp;Y.&nbsp;Tarnovych&#39;s creative heritage with problems of Polish-Ukrainian relations have been made. It has been concluded that the analysis showed the&nbsp;fruitfulness of&nbsp;the&nbsp;further appeal to the international discourse of the creative heritage of&nbsp;the&nbsp;outstanding Lemko figure that should become a key component of his intellectual biography.

In the article, based on archival materials, published memoirs, a retrospective analysis of events and contemporary reflections of the Holocaust on the territory of Bukovina during the Second World War is carried out. During the Soviet, German-Romanian occupation of the region, the Bukovinian Jewish community suffered severe suffering and trials, huge human and material losses, which greatly undermined the social, economic and cultural positions of the Jewish population in Bukovina. In fact, the socio-cultural face of Chernivtsi and the region changed, entire generations of Bukovinian Jews were erased from historical memory, forever disappeared into the darkness of history.&#x0D; From the late 80’s – early 90’s XX century. in the conditions of the collapse of the USSR and the emergence of an independent Ukraine, it became possible to study the events of the Holocaust in the Chernivtsi region, to study the fate of Bukovynian Jews during the Second World War. Despite the mass emigration, in 1990-1995 the Jewish community of Chernivtsi published five collections of memories of Holocaust survivors of the Holocaust in Bukovina, erected a memorial sign at the scene of the shootings in the summer of 1941 and a memorial plaque on the Chernivtsi ghetto (in 2016 the efforts of the Jewish community of Chernivtsi to create a full memorial in the territory of the former ghetto).&#x0D; Since 2010, the Museum of Jewish History and Culture of Bukovina has been established in Chernivtsi, and at the Chernivtsi National University there is a Center of Jewish studies, which is actively engaged in the study and promotion of Bukovina Jewish history, including the topic of the Holocaust.&#x0D; Since 2017, work has begun on the creation of the Holocaust Museum in Chernivtsi in the building of the former memorial synagogue «Beit Kadish» on the territory of a Jewish cemetery, which aims to commemorate the memory of Bukovinian Jews who died during the Second World War.&#x0D; Over the past 30 years, more than 65 monuments (memorials, plaques) have appeared in the Chernivtsi region to commemorate those killed in the Holocaust. However, around the Holocaust events in Bukovina, a memory conflict has arisen – it is about different interpretations of events (Ukrainian, Romanian, Jewish, post-Soviet narratives) and commemorative practices related to it. An example of the post-Soviet memory of the Holocaust is the recently opened memorial in one of the districts of Chernivtsi (Sadgora), on the so-called “Kozak Hill”, in memory of the executed Jews in the summer of 1941. The Soviet term “Great Patriotic War” is used in the inscription on the monument.&#x0D; Keywords: Holocaust, Transnistria, ghetto, «autorization», deportation, primar

The article describes the social and economic aspects of the transformation of the mental health of the population in the conditions of war. It was established that the significant demographic losses of Ukraine as a result of the war unleashed by russia (due to the premature death of thousands of people of various ages and the mass migration of women and children in the first months of the war; the forced deportation of Ukrainians to the territory of russia for five months) and colossal economic losses (due to the destruction and complete destruction of the industrial and social infrastructure of certain regions, the systematic missile attack on the entire territory of the country and, as a result, a reduction in economic activity, the formation of a significant budget deficit, the intensification of the growth of inflation as a result of the disruption of supply chains, the increase in the price of gasoline and diesel fuel, etc.) led to the deterioration of the health of the country&#39;s population as a whole and mental health in particular. The research was conducted by means of a questionnaire regarding how the military actions in Ukraine in 2022 affected the social well-being of Ukrainians. The results showed that 69.3% of citizens, most of whom live in the western and central regions, experience rather high anxiety (3-4 points on a five-point anxiety scale); work, study, meeting friends, volunteering, and hobbies help most people cope with stress and reduce anxiety. The majority of respondents (54.5%) believe that their social and economic situation worsened during the three months of the war, but they still link their future with Ukraine (88.9%). We believe it is appropriate to involve management structures, various institutions, and the public in activities related to improving the population&#39;s mental health. Tasks aimed at preserving and improving the mental health of various population groups in war conditions are outlined. The practical value of the research results is that they can become a scientific basis for developing a program to preserve and improve mental health at the individual and regional levels. The following methods were used when writing the article: analytical, monographic - in the development of literary, statistical, and Internet sources regarding the consequences of military conflicts and their impact on the health of the population; survey method - for determining the social and economic consequences of the war in Ukraine; graphical &ndash; for visual display of received data; abstract and logical - for the generalization of the above material and the formulation of conclusions.

Si bien el discurso oficial, aceptado prácticamente por todos los Estados, habla de una migración “regular, ordenada y segura”, lo cual ha quedado sellado en el Pacto Global de las Migraciones, la movilidad humana contemporánea difiere mucho del deseo de los gobernantes, tanto en el perfil como en las vías utilizadas para llegar al destino. El presente artículo pasa revista a algunos “paisajes migratorios” en varios lugares del planeta, que han tenido como correlato la respuesta estatal de mayores controles, apelando al discurso de la soberanía nacional. Se plantea la tesis de que en esta nueva etapa del neoliberalismo estamos presenciando el surgimiento de políticas de control con rostro (in)humano de carácter neofascista, sobre todo con el ascenso al poder de Gobiernos nacionalistas y de extrema derecha, que impulsan y practican la xenofobia, el racismo y la aporofobia. Esto ha resultado en un incremento de la deportación, judicialización de la migración, expulsión, confinamiento, construcción de muros, extorsiones, secuestros, desapariciones, tortura y muerte.&#x0D; Abstract&#x0D; Although the official discourse, accepted practically by all the States, speaks of a "regular, orderly and safe" migration, which has been sealed in the Global Compact for Migration, contemporary human mobility differs greatly from the desire of the rulers both in the profile and in the routes used to reach destination. This article reviews a number of 'migratory landscapes' in several places on the planet that have had as a correlate the State´s response to greater controls, appealing to the discourse of national sovereignty. The following thesis is proposed: that in this new stage of neoliberalism we are witnessing the emergence of control policy with an (in) human face of neo-fascist character, especially with the rise to power of nationalist and far-right governments that promote and practice xenophobia, racism and aporophobia. This has resulted in increased deportation, judicialization of migration, expulsion, confinement, construction of walls, extortion, kidnapping, disappearances, torture and death.

Este artículo es una investigación a través de la Teoría de los Actos de Ciudadanía que subvierten discursos y estrategias neo-orientalistas de control de la inmigración. Concretamente se centra en los procesos de resistencia de varios grupos de inmigrantes surasiáticos que fueron confinados durante años en Centros de Estancia Temporal para Inmigrantes en Ceuta y Melilla, dos enclaves fronterizos españoles (europeos) donde los derechos humanos pueden quedar en suspenso. Para evitar ser deportados, optaron por fugarse de los CETI sin ser conscientes de que su lucha derivaría una serie de acciones y movimientos de solidaridad por el derecho a ser transferidos al continente europeo e impedir su deportación solo en Ceuta y Melilla, sino también en otras orillas del Mediterráneo. Empleando diferentes fuentes de información, se ha empleado la técnica de “escribir un acto de ciudadanía” de Engin Isin para capturar actos que quedarían ocultos bajo teorías dominantes de ciudadanía formal. El día en que escaparon fue el día en que dejaron de ser víctimas del régimen neo-orientalista de fronteras, y se convirtieron en ciudadanos activistas por el derecho a la libre movilidad humana.This article is an investigation through the Theory of Acts of Citizenship that subvert neo-orientalist discourses and strategies. Specifically, it focuses on the resistance processes of several groups of South Asian immigrants confined for years in Temporary Stay Centers for Immigrants in Ceuta and Melilla, two Spanish (European) border enclaves where rights are suspended. To avoid being deported, they chose to run away from the CETI without being aware that their struggle would lead to a series of solidarity actions and movements for the right to be transferred to the European continent and prevent their deportation only in Ceuta and Melilla, but also on other shores of the Mediterranean. Using different sources of information, I have chosen Egin Isin´s tool of “writing an act of citizenship” to capture acts that would remain uncovered under the gaze of formal citizenship. The day they escaped was the day they stopped being victims of the neo-Orientalist border regime, and became activist citizens for the right to move.

This paper studies the dynamics of detention, deportation, and the criminalization of immigrants. We ground our analyses and discussion around the Illegal Immigration Reform and Immigrant Responsibility Act of 1996's (IIRIRA's) detention mandate, the role of special interest groups and federal policies. We argue that these special interest groups and major federal policies have come together to fuel the expansion of immigrant detention to unprecedented levels. Moreover, we aim to incite discussion on what this rapid growth in detention means for human rights, legislative representation and democracy in the United States. This study analyzes two main questions: What is the role of special interests in the criminalization of immigrants? And does the rapid increase in detention pose challenges or risks to democracy in the United States? Our study is grounded within the limited, yet growing literature on immigrant detention, government data, and “gray” literature produced by nonprofits and organizations working on immigration-related issues. We construct a unique dataset using this literature and congressional reports to assess what factors are associated with the rise of immigrant detention. A series of correlations and a time series regression analysis reveal that major restrictive federal immigration policies such as IIRIRA, along with the increasing federal immigration enforcement budget, have had a significant impact on immigrant detention rates. Based on these findings, we recommend three central policy actions. First, the paper recommends increased transparency and accountability on behalf of the Department of omeland Security, Immigration and Customs Enforcement, and on lobbying expenditures from for-profit detention corporations. Second, it argues for the repeal of mandatory detention laws. These mandatory laws have led to the further criminalization and marginalization of undocumented immigrants. And lastly, it argues that repeal of the Congressional bed mandate would allow for the number of detainees to mirror actual detention needs, rather than providing an incentive to detain. However, we anticipate that the demand for beds will increase even more given the current administration's push for the criminalization and increased arrests of undocumented individuals. The rhetoric used by the present administration further criminalizes immigrants. 1

The paper reconstructs the biography of a forgotten historian archivist M. N. Butkevich (29.12.1858—23.03.1933). His pre-revolutionary life is described: his social background, studies at the St. Petersburg University and his fascination with the Narodniks’ ideas and deportation to Vologda under overt surveillance in 1879, followed by a successful and typical career of major landed gentry that culminated in his election to the State Council, achievement of the rank of Actual State Councillor, and election as Novgorod Governorate’s Marshal of the Nobility early in 1917. In 1927, after several years of despondency, deprived of his fortune and privileges, M. N. Butkevich became a staff member of the USSR Academy of Sciences’ Commission on the History of Knowledge with the help of Academician V. I. Vernadsky. In his line of duty, Butkevich had performed a number of important historical and archival studies of the documentary legacy of M. V. Lomonosov, P. S. Pallas, and others. Butkevich’s work on sorting out Lomonosov’s papers was highly valued as ‘very meticulous and helpful’ by V. I. Vernadsky, A. I. Andreev, and M. M. Soloviev. His contribution to the archeography of Lomonosov’s works is well worth exploring. Besides his participation in the re-publication of Lomonosov’s works, his description of Lomonosov’s papers in Leningrad is well worth mentioning. This description is typologically similar to description of the Pallas documents, but is probably even more detailed. Butkevich’s description in 14 folio pages offers results of his study of the materials from the Archive of the Conference of the Russian Academy of Sciences, the Incunabula Department, the Library of the Russian Academy of Sciences, and the State Public Library. Events of the ‘Academic case,’ which resulted in the purge of ‘old-regime’ workers from the Academy, did not affect Butkevich much. Surprisingly, even after Vernadsky had to leave his post of the Commission for the History of Knowledge director, in which he was replaced by N. I. Bukharin, little changed for Butkevich. Moreover, on March 15, 1930 deputy director of the Commission for the History of Science academician I. Yu. Krachkovsky authorized M. N. Butkevich to collect archival materials for special projects. The paper is based on the documentary sources introduced for scientific use for the first time.

The article analyzes the biography of the Sister Theresa Anna Shuplat, the Third Order of St. Basil the Great (16.09.1900-03.02.1989), the wife of the priest of Przemyśl Diocese of the Greek Catholic Church, the father Yulian Shuplat (18.01.1894-09.09.1951). On the grounds of the documents and the eyewitnesses’ memories her family origin, upbringing, study, work as a Music Teacher in the town of Jarosław (nowadays - Poland), marriage, work in the town of Lesko (nowadays-Poland), deportation from the Polish People's Republic to the Ukrainian SSR in 1946, foster care after her nephews and nephew’s daughter, work at music school in the city of Stanislav, entry into the Third Order of St. Basil the Great in 1977, underground activities in the Order, and traits of her character have been analyzed.

The relevance of the study. The theme of the Holodomor as a creative phenomenon gradually outlines its contours in the music of various historical stages. The musical creativity of the 80s of the 20th century forms certain prerequisites for the integration of the theme of the Holodomor in music. In the 90s of the 20th century, with the support of diaspora figures, the final crystallization of the theme of the Holodomor and its integration into the academic musical creativity of Ukrainian composers. The reception of the Holodomor in the creative experience of Ukrainian musicians of the diaspora has its own characteristics. Usually, its basis is the personal experience of artists experiencing hunger and famine in their childhood, the trauma of deportation and the loss of ties with their native land, with the Motherland. The main objective of the study is to explore the vectors of musical interpretation of the Holodomor theme in Virkо Baley’s opera «Red Earth. Hunger» through the prism of personal determinants of the memory of the diaspora artist. The methodology includes biographical (to find out the circumstances of life and education, especially the moments of formation of Virko Baley`s compositional skill during the Ukrainian and emigration periods), comparative (to identify the features of the uniqueness and continuity of the considered music and theater work in relation to previous samples of the genre), structural-functional, genre-stylistic, intonation-dramaturgical methods (for a holistic analysis of the work) and theoretical generalization method (for summing up). Results and conclusions. The personalistic discourse of the verbal and musical narratives of the artists of the diaspora, the writer Bohdan Boichuk (the author of the libretto) and Virko Baley (the author of the music of the opera) is based on the experience of the genocide. Ways of artistic image of the tragedy in the V. Baley’s opera, a Ukrainian artist of the diaspora, reflects the high-pitched emphatic phase of the musical enunciation of the tragic events of the artificial famine-genocide. The image of hunger in the opera becomes a metaphor for violent death, a means of destroying ethnic and human values, and a direct argument for condemning the criminal consequences of the imperial aggression of the totalitarian USSR and its anti-Ukrainian policy. Appeals to traumatic areas of memory in the theme of an opera work generate means of symbolic realization of a special form of cultural memory, which contributes to the awareness of one’s own identity. The type of composer’s expression of V. Baley in the opera «Red Earth. Hunger» is based on the vocal techniques of European expressionist opera. The traditional layer of Ukrainian ethnic music in the form of specific citation techniques is combined with the use of avant-garde techniques. The author’s thinking is aimed at the transformation of traditional genre forms of folklore ritual songs, the use of parody, grotesque, distortion of the musical stylistics of sound norms of funeral rituals. The traumatic memory zone of the diaspora artist touches the level of the metacategory of the intonation image of the world. The author’s model opera of V. Baley’s the distorted intonation image of the offended Pax Sonoris sound landscape — the ethnic sound image of the world, the former indivisible integrity of the sound universe of traditional culture, a kind of aesthetic category of beauty. The musical drama represents the destruction of the national identity on an impressive scale, which also affects the parameters of the native faith, generally universal humanistic values. As a result, the type of dramaturgy and stylistics of the opera are consistent with the creative experience of musical memorialization of the topic of genocides, approved by European culture.

Abstract Background During 19th century, the Circassians were secluded from their lands and forced to migrate to Ottoman Empire properties. Approximately 2,346 Circassians were exiled from Istanbul to Cyprus Island. During the deportation journey, many of Circassian passed away in consequence of malaria and unknown reasons. Overall, 1,351 survivor Circassians managed to reach the island, however, many of them had faced with endemic malaria again in Cyprus. An autosomal recessive hematological disorder thalassemia was the second endemic health condition after malaria, whereas thalassemia carriers show resistance to malaria infections. Materials and Methods A large Cypriot family with 57 members whose grandparents were supposed to be in that ship journey has been investigated in this study. Polymerase chain reaction (PCR)–amplification refractory mutation system (ARMS) analysis technique was used for genotyping the HHB gene. Results The human β-globin (HBB) gene c.316–106C &gt; G (IVS-II-745) (II-745) heterozygous variation have been detected. Conclusion Overall, this study is a very good example for a typical natural selection. In this case, one single gene point mutation did not limit survival in the society; natively, it increased their survival changes to form new colonization and the inheritance of the mutation to the next generations.

The aim of this study is to show the futility of modern life that has given birth to theobnoxious hypocrisies prevailing in the minds of modern people and indicate theoutcome of modern life as well as modern literature. The paper representslamentations, which are considered to be one of the major themes of modernliterature and are also found in modern society, where the degradation of humanbehavior and feelings is prominent. The methodology of extracting some elementsof Victorian literature has been applied to ensure the effect of the Victorian age onthe Modern age and society. Another strategy is applied, showing the poor spiritualconditions of modern people that come from the breakdown of romantic spirits anddisappointment followed by the rise of materialistic achievements after the postindustrialization period, which resulted in the cry of deportation and disinterest inthe human soul that is prevailing in modern life. Finally, this paper talks about ideassuch as falsehood, deception, vanity, disillusion, and failure as the outcome ofmodern life through some of Eliot's poems while focusing on The Waste Land. Thegoal of this paper is to focus on the prominent hypothesis of the modern age, searchfor the reasons behind these, and draw out a way of salvation from those hypocrisies

Brundibár, an opera written by the Czech composer Hans Krása in 1938, has gained worldwide fame since the end of World War II and has become a representa- tion of the global resistance to genocide and crimes against humanity. Brundibár was performed fifty-five times by the young Jewish inmates of the Theresienstadt concentration camp (Czechoslovakia) during 1943–1944. Depicting the victory of the helpless children over the tyrannical organ grinder Brundibár (“bumble-bee” in Czech), this opera symbolized the triumph of the good over the evil. It provided the prisoners of the camp with the hope for the liberation. In the autumn of 1944, composer Hans Krása, conductor Rafael Schächter, stage designer František Zelenka, and 150 young actors and members of the orchestra were deported in the cattle wagons to Auschwitz and other concentration camps. After the deportation of the artists, the most popular theatre production at Theresienstadt was silenced only to be revived after the end of Word War II. This paper aims to demonstrate that the role of Brundibár goes far beyond a common opera production. Brundibár has a great significance and a very special meaning when performed in the countries with the authoritarian regimes in the past, e. g. in Latvia, who faced mass deportations of the Latvians in 1941–1949 and lost the majority of its Jewish population during the Holocaust. The paper talks about the importance of the art pieces about the genocide in the 20th century that should be presented to a wide audience to keep the traumatic memory of the past alive in the memory of the today’s society.

Ministerial Direction 110 (Direction 110), introduced under the &amp;lt;i&amp;gt;Migration Act 1958&amp;lt;/i&amp;gt; (Cth), is a pivotal policy document in Australia that provides guidance for visa refusal and cancellation of non-citizens under sections 501 and 501CA. Direction 110 prioritises the protection of the Australian community and other domestic concerns while relegating international law obligations—such as non-refoulement and human rights protections—to secondary considerations. This article critically examines the implications of this hierarchy of considerations, which reflects Australia’s prioritisation of national security and community safety over its international commitments. The analysis begins with an exploration of the framework established by Direction 110, highlighting its emphasis on domestic priorities, including community protection and expectations of the Australian public. It critiques the relegation of international obligations to a lower tier, arguing that this undermines Australia’s adherence to treaties like the Refugee Convention, the Convention Against Torture, and the International Covenant on Civil and Political Rights. Such an approach risks breaching fundamental principles of international law and diminishing Australia’s reputation as a global leader in human rights advocacy and the rules-based international order. The article further explores the practical and ethical consequences of Direction 110, noting its potential to create inconsistencies in decision-making and prolonged judicial reviews. These inconsistencies arise from subjective interpretations of the hierarchical framework, particularly in deportation cases involving non-citizens facing serious risks in their home countries. The article concludes by proposing reforms to Direction 110, recommending the elevation of international law obligations to primary considerations. Such changes would align Australia’s domestic policies with its international commitments, reduce legal conflicts, and restore its global reputation. By integrating international obligations more meaningfully into visa decisions, Australia can safeguard its national interests while upholding its longstanding commitment to human rights and international law, strengthening its role as a responsible global actor.

Cristina A. Bejan, Intellectuals and Fascism in Interwar Romania: The Criterion Association, Cham, Switzer land: Palgrave, 2019, 323 pp., €74.89 (hardback), ISBN 978-3-030-20164-7.Chiara Bonfiglioli, Women and Industry in the Balkans: The Rise and Fall of the Yugoslav Textile Sector, London: I. B. Tauris, 2020, 232 pp., £85 (hardback), ISBN: 978-1-78533-598-3.Aslı Davaz, Eşitsiz kız kardeşlik, uluslararası ve Ortadoğu kadın hareketleri, 1935 Kongresi ve Türk Kadın Birliği (Unequal sisterhood, international and Middle Eastern women’s movements, 1935 Congress and the Turkish Women’s Union), İstanbul: Türkiye İş Bankası, 2014, 892 pp., with an introduction by Yıldız Ecevit, pp. xxi–xxviii; preface by the author, pp. xxix–xlix, TL 42 (hardcover), ISBN: 978-605-332-296-2.Biljana Dojčinović and Ana Kolarić, eds., Feministički časopisi u Srbiji: Teorija, aktivizam i umetničke prakse u 1990-im i 2000-im (Feminist periodicals in Serbia: Theory, activism, and artistic practice in the 1990s and 2000s), Belgrade: Faculty of Philology, University of Belgrade, 2018, 370 pp., price not listed (paperback), ISBN: 978-86-6153-515-4.Melanie Ilic, ed., The Palgrave Handbook of Women and Gender in Twentieth-Century Russia and the Soviet Union, London: Palgrave Macmillan, 2018, 572 pp., $239 (e-book) ISBN: 978-1-137-54904-4; ISBN: 978-1-137-54905-1.Luciana M. Jinga, ed., The Other Half of Communism: Women’s Outlook, in History of Communism in Europe, vol. 8, Bucharest: Zeta Books, 2018, 348 pp., USD 40 (paperback), ISBN: 978-606-697-070-9.Teresa Kulawik and Zhanna Kravchenko, eds., Borderlands in European Gender Studies: Beyond the East-West Frontier, New York: Routledge, 2020, 264 pp., $140.00 (hardback), ISBN: 978-0-367-25896-2.Jill Massino, Ambiguous Transitions: Gender, the State, and Everyday Life in Socialist and Postsocialist Romania, New York: Berghahn Books, 2019, 466 pp., USD 122 (hardback), ISBN: 978-1-785-33598-3.Gergana Mircheva, (A)normalnost i dostap do publichnostta: Socialnoinstitucionalni prostranstva na biomedicinskite discursi v Bulgaria (1878–1939) ([Ab]normality and access to publicity: Social-institutional spaces of biomedicine discourses in Bulgaria [1878–1939]), Sofia: St. Kliment Ohridski University Press, 2018, 487 pp., BGN 16 (paperback), ISBN: 978-954-07-4474-2.Milutin A. Popović, Zatvorenice, album ženskog odeljenja Požarevačkog kaznenog zavoda sa statistikom (1898) (Prisoners, the album of the women’s section of Požarevac penitentiary with statistics, 1898), edited by Svetlana Tomić, Belgrade: Laguna , 2017, 333 pp., RSD 894 (paperback), ISBN: 978-86-521-2798-6.Irena Protassewicz, A Polish Woman’s Experience in World War II: Conflict, Deportation and Exile, edited by Hubert Zawadzki, with Meg Knott, translated by Hubert Zawadzki, London: Bloomsbury Academic, 2019, xxv pp. + 257 pp., £73.38 (hardback), ISBN: 978-1-3500-7992-2.Zilka Spahić Šiljak, ed., Bosanski labirint: Kultura, rod i liderstvo (Bosnian labyrinth: Culture, gender, and leadership), Sarajevo and Zagreb: TPO Fondacija and Buybook, 2019, xii + 213 pp., no price listed (paperback), ISBN: 978-9926-422-16-5.Gonda Van Steen, Adoption, Memory and Cold War Greece: Kid pro quo?, University of Michigan Press, 2019, 350 pp., $85.00 (hardback), ISBN: 978-0-472-13158-7.D imitra Vassiliadou, Ston tropiko tis grafi s: Oikogeneiakoi desmoi kai synaisthimata stin astiki Ellada (1850–1930) (The tropic of writing: Family ties and emotions in modern Greece [1850–1930]), Athens: Gutenberg, 2018, 291 pp., 16.00 € (paperback), ISBN: 978-960-01-1940-4.Radina Vučetić, Coca-Cola Socialism: Americanization of Yugoslav Culture in the Sixties, English translation by John K. Cox, Budapest: Central European University Press, 2018, 334 pp., €58.00 (paperback), ISBN: 978-963-386-200-1.Nancy M. Wingfield, The World of Prostitution in Late Imperial Austria, Oxford: Oxford University Press, 2017, xvi + 272 pp., $80 (hardback), ISBN: 978-0-19880-165-8.Anastasia Lakhtikova, Angela Brintlinger, and Irina Glushchenko, eds., Seasoned Socialism: Gender and Food in Late Soviet Everyday Life, Bloomington: Indiana University Press, 2019, xix + 373 pp., $68.41(hardback), ISBN: 978-0-253-04095-4.

In the historiography of the Holocaust, the accepted position is that the death camps were established at the end of 1941 and the beginning of 1942 in occupied Poland and that the Holocaust then passed from the phase of killing by bullets to the systematic deportation of Jews to Chelmno, Auschwitz, Treblinka, Belzec, Sobibor and Majdanek which became the central places of the Nazi genocidal plan, and the final destination of 2,700,000 Jews. Although there was a network of concentration camps in which many people perished, what distinguishes them from death camps is the fact that the latter were established solely for the purpose of killing, while the others also had various functions. A similar difference can be observed in the camp system of the Independent State of Croatia, where already in 1941 there were places where ordinary people – Jews and Serbs – were brought solely for annihilation. The Jasenovac was in operation as early as August 1941 and can be defined as a death camp; however, due to the lack of research, much less is known about the func- tioning of the Gospić-Jadovno-Pag camp complex, where detainees were brought as early as May 1941 for killing. The article analyzes the functioning of the camp network in the Independent State of Croatia in 1941, with special attention to the Gospić-Jadovno-Pag camp complex. At the same time, the process of the creation of death camps in the Independent State of Croatia and in Nazi Germany is compared, proposing as a hypothesis the fact that due to its nature and function, the Gospić-Jadovno-Pag camp complex can be defined as the first death camp in Europe.

This article, based on applying new archival sources reveals one of the mechanisms of the repressive politics of the Soviet government against “alien elements", “former people” in Soviet Turkestan-Uzbekistan, as administrative expulsion. The author represents the official Soviet discourse related to administrative deportation in Turkestan-Uzbekistan, characterizes the category of persons who have been expelled, as well as the associated hardships affected family members of the deported and the attempts of the expelled to restore their civil rights.

Gemeinsam mit der Bayerischen Landeszentrale für politische Bildungsarbeit führt das JFF – In­stitut für Medienpädagogik in Forschung und Praxis seit mehreren Jahren Projekte zum Thema ‚Werte in der digitalen Welt‘ durch. Ziel der Projekte ist es, mit Kindern und Jugendlichen ins Gespräch über Hass im Netz, Werte und Regeln für ein Zusammenleben – digital wie analog – zu kommen. Den Medienprojekten, in denen diese Diskussionen durch selbster­stellte Medienproduktionen umgesetzt werden, sind Fortbildungen für pädagogische Fachkräfte vorangestellt. In diesen Fortbildungen erhal­ten die Lehrer*innen zusätzlich zur Möglich­keit medienpraktische Erfahrungen zu sam­meln, auch viele Informationen zum Thema ‚Werte in der digitalen Welt‘. Dazu gehören auch Literaturtipps, die sowohl Grundlagen­wissen, als auch Inspiration und Denkanstöße sowie Beiträge zu aktuellen Debatten liefern. Hayalis Haymatland gehört seit dem Erscheinen 2018 zu diesen Tipps dazu. Hayali, die in einem kleinen Ort im Ruhrgebiet geboren und aufge­wachsen ist, kennen viele durch ihre Funktion als Moderatorin im ZDF Morgenmagazin und im ZDF Sportstudio. Auch durch ihr Engagement gegen Rassismus und Fremdenfeindlichkeit, wo­für sie 2018 mit dem Bundesverdienstkreuz ausgezeichnet wurde, hat sie viel öffentliche Beachtung gefunden. In ihrem Buch Haymatland schreibt sie zu Beginn über ihre Kindheit und Jugend in Nordrhein-Westfalen, als Kind iraki­scher Eltern, die über unterschiedliche Wege nach Deutschland gekommen waren. Sie selbst beschreibt mehrere Orte als „Heimaten“, sowohl in Deutschland, als auch – geografisch nicht fest­gelegt – den Orten, an denen Freunde und Fami­lie zusammenkommen und zusammen sind. Das ist ein schöner Ansatz, um auch mit Kindern und Jugendlichen ins Gespräch zu kommen. ‚Wie viele Heimaten hast du? Was macht eine Hei­mat aus? Wie kann ein Ort zur Heimat werden?‘ sind Fragen, die sehr gut und kreativ in Medi­enproduktionen behandelt und veranschaulicht werden können, z. B. in Podcasts, kleinen Trick­filmen oder Foto-Storys. Ebenso geeignet ist Hayalis Unterscheidung nach Heimat im Kleinen (Zuhause, Schule, Sportverein) und Heimat im Großen (Stadt, Region, Land). „Das wäre eine Chance für alle, die bereit sind, eine Einladung auszusprechen: Hier, in unserer kleinen Heimat, könnt ihr eine neue finden“, und damit viel­leicht auch Stück für Stück eine große Heimat. Im zweiten Kapitel geht es um den Hass, der sich in den letzten Jahren vor allem digital, aber auch in der Politik und im täglichen Umgang der Menschen miteinander breitgemacht hat. Hayali begegnet dieser Hass nicht nur digital in vielen sehr grenzüberschreitenden Nachrich­ten über soziale Medien und andere Kanäle, sondern auch ganz offen auf der Straße. Sie geht offensiv damit um, versucht Kontakt zu den Menschen herzustellen und mit ihnen zu reden. Auch Hayali hat dabei ihre Grenzen, wenn ihr z. B. mit Vergewaltigung, dem Tode oder Deportation gedroht wird. Gegen diese Art von Hassrede, gegen die es klare Gesetze gibt, geht auch sie auf juristischem Wege vor oder/ und blockiert die Absender*innen auf ihren Profilen. Trotzdem lässt sie die Frage nicht los, was genau solch starken Hass bei Menschen auslöst. Warum Menschen, die sich für andere und ihre Rechte engagieren, als „Gutmenschen“ verhöhnt werden, während die Hater*innen, die meist nichts tun, außer zu kritisieren und Angst zu erzeugen, immer größeren Zuspruch erfah­ren. In den Perspektiven-Projekten des JFF geht es immer wieder auch um die Frage, wo die Grenze zwi­schen Meinungsfreiheit und Be­leidigung bzw. Hassrede verläuft. Hayali bezieht hier klar Stellung, und ihre Argumentation kann man gut mit Jugendlichen diskutieren. „Aber wer sich rassistisch äußert, ist – verdammt noch mal – ein Rassist. (…) Meinungsfreiheit ist ein hohes Gut, aber nun mal kein Alibi für men­schenfeindliche Äußerungen, rassistische Belei­digungen, persönliche Verunglimpfungen und pure Lügen.“ Ihre Strategie gegen diese Entwicklungen ist der lange Weg des Einander Zuhörens, Diskutierens, des Perspektivwechsels und der Empathie. Auch bei radikalen Meinungen interessiert sie: Wie kam es dazu, dass diese Meinung sich bilden konnte? Nicht, um etwas zu entschuldigen, sondern um einen Austausch untereinander anzuregen, der im besten Falle dem Hass den Wind aus den Segeln nimmt, denn je mehr Hassrede es gebe, umso normaler werde sie und umso etablierter die Par­teien und Menschen, die mit ihr argumentierten. Im dritten Kapitel „Tatsachen“ führt Hayalinoch einmal verschiedene Fakten zu Migra­tion und Flucht zusammen. Die mehr als 19 Millionen Menschen mit Migrationskontext, die in Deutschland leben, stehen im Kontrast zu der Vorstellung vieler, die sich hartnäckig hält und sogar wächst, dass ‚fremde‘ Men­schen nicht zu uns passen und wenn überhaupt, dann nur eine begrenzte Zeit hier sein sollten. Im abschließenden Kapitel „Hoffnung“ stellt Ha­yali fest, dass eine geschlossene Gesellschaft, wie viele, die sich um ‚ihre Heimat‘ sorgen, sie fordern, nicht mit Demokratie und Rechts­gleichheit vereinbar ist. Stattdessen spricht sie sich dafür aus, in Migrant*innen und Geflüch­teten auch einen Teil der Lösung unserer Probleme – wie z. B. des Fachkräftemangels in vielen Be­reichen – zu sehen. Das Problem sei dabei folgendes: „Wir haben einen großen Bedarf an ins Land kommenden Arbeitskräften, aber zu wenig legale Zuwanderungs­wege für Nicht-EU-Bürger.“ Noch ein anderer Punkt ist Hayali dabei sehr wichtig: „Das heißt natürlich auch, dass wir von denen, die zu uns kommen, verlangen können und müssen, dass sie sich mit uns, unseren Gepflogenheiten, unserer Geschichte, unserer Kultur, unseren Regeln auseinanderset­zen. Ich erwarte von niemandem, dass er sich einfach nur assimiliert, dass er seine Religion oder seine Kultur aufgibt – warum auch? Es geht hier nicht um ‚Entweder-oder‘, es geht vielmehr um ‚Sowohl-als-auch‘.“ Das Buch bringt viele Gedanken bei den Lesen­den in Gang und kommt mit einem starken Auf­ruf zum Haltung-Haben zum Abschluss. Haltung als grundsätzliche Sicht auf die Dinge, als „Gelän­der“, also auch als Hilfe, kritisch auf sich selbst zu sehen. Auch hierin zeigt sich ein sehr guter Ansatzpunkt, um mit Heranwachsenden ins Ge­spräch zu kommen – was ist eine Haltung, wofür brauchen wir sie, wie gehen wir mit der Haltung anderer um und wie äußern wir unsere eigene? Zusammengefasst ist Hayalis Buch für jede*n geeignet, die*der in Deutschland lebt, und noch mehr für jene, die inhaltlich mit Kindern und Jugendlichen zum Thema Werte (digital und analog) arbeiten.

&nbsp; <strong>Abstract</strong> The change in the political and legal system in Albania gave birth to great hope, not only for the triumph of dignity but also for the correction of injustices towards former political prisoners. In Albania, from 1991 to 2008, a series of legal measures addressed the issue of former political prisoners. Their purpose was not only to legally consider punishment for crimes of a political nature as unjust but also to award compensation. But, in the span of 17 years, they remained a formal statement on paper, an inadequate legal solution that in very few cases became effective. At the beginning of 2008, with the entry into force of the law on the compensation of former political convicts, an administrative compensation process was sanctioned that offered a reasonable solution in terms of time and amount of compensation. However, the subsequent legal changes recognized the right of the state to carry out a compensation process based on budgetary possibilities and did not condition the realization of this process in terms of time. The paper aims to analyze the concept of transitional justice in international and domestic law, highlighting its main instruments, as well as focusing on compensation for former political prisoners in Albania. The work through the analytical and comparative method supports the hypothesis that the compensation of political prisoners designed as an effective tool for correcting the injustice caused during the years of communism is bringing back new injustices, which are incompatible with the principle of the rule of law and human rights. The compensation scheme for political convicts in Albania has created not only legal uncertainty regarding the time of compensation but also that such duration can lead to inequality and discrimination. The paper recommends the need for immediate legal changes to build a fair, fast, and effective compensation mechanism. <strong>Keywords</strong>: Transitional Justice, Rehabilitation, Compensation Scheme, Ex-Political Prisoners &nbsp; <strong>Introduction</strong> The developments that followed the Second World War represent the most important moment in the reformation of the conceptual framework of international law. From a right that addressed issues and elements of relations between states, as its subjects, to a right that as a subject also included individuals who are under the jurisdiction of a state. Precisely, this moment marks an important turning point in the approach of international law, from a right that was an instrument of states, to a right that turned into an instrument of human dignity and basic human values. This shift is undoubtedly dedicated to a new ideology on human nature, basic values, needs, and relationships that characterize it from birth to death, and the role and functions of the state. This ideology was embodied in the regime of basic human rights and freedoms, which were first sanctioned in the Universal Declaration of Fundamental Human Rights and, subsequently, in several other international and regional law documents. This new approach brought important implications in two aspects. First, if a state has ratified legal documents of international or regional law, the doctrine of fundamental rights and freedoms makes the state automatically responsible for fulfilling the negative and positive obligations associated with the application of any right in its jurisdiction. internal. Secondly, the effectiveness of the guarantee of fundamental rights is no longer only a matter of domestic jurisdiction with the fact, but also of international law, paving the way for the possibility to address violations through the mechanisms of international or regional law. In the large range of fundamental rights, an important place is occupied by the status of the right to redressal from illegal actions and acts of public bodies. Its legal nature is the object, not only of a series of legal documents of international and domestic law but above all of the jurisprudence of the International Courts and the constitutional ones of the special jurisdictions. <strong>The right to redressal in international law and Albanian Constitution</strong> The right to redressal, which in Roman law is considered a fundamental right based on the principle of redressal, where there is a right there is also a remedy (Laplante, 2007). In international law, for the first time, it was formulated by the Permanent International Court of Justice in the Chorzow Factory case. (Chorzow Factory Case, Germany vs Poland, PCIJ, 1928) This Court, interpreting the principle of redressal, states that it represents a principle of international law and a general concept of law, which means that every violation must be compensated. This principle, as most treated in international law, according to the Permanent International Court of Justice, is based on the restoration of the situation that existed before the violation occurred. At its core is making, as soon as possible, the reparation for the damage suffered as a result of the violation, the elimination of all the consequences that have come as a result of the illegal activity, and the restoration of the previous state as if the violation had not occurred. The redressal consists of the return in kind or, if this is impossible, in the payment of an amount corresponding to the value of its return (Chorzow Factory Case, Germany vs Poland, PCIJ,1928, p 47). This principle formulated in the Chorzow Factory case and applied later in other disputes that regulate relations and responsibility between states in case of violation of international treaties or customary international law has had a great influence in the field of human rights (Shelton, 2005). For the first time, in the field of human rights, the right to redressal was sanctioned in the Universal Declaration of Human Rights. Article 8, this document guarantees every person &quot;the right to have effective legal remedies before competent national courts to redress actions that violate fundamental rights guaranteed by the constitution or by law&quot; (UDHR, Art 8). Later, this right was also provided for in the European Convention on Human Rights, which, in Article 13, sanctioned: &quot;the right of every individual who has been violated the rights and freedoms defined in this Convention, to be offered an effective solution before a national body, even though the violation was committed by persons acting in the fulfillment of their official functions.&quot;. A few years later, the right to effective legal remedies was affirmed in the ICCPR, which imposes on member states the obligation to enact laws where necessary to make the rights recognized by the Convention effective. and provide effective remedies for their violation (ICCPR, art. 2, para. 3). Also, Article 14 of the Convention against Torture and Inhumane Treatment sanctions the obligation that &quot;Each State Party, in its legal system, ensures the victim of an act of torture the right to seek reparation and to be compensated fairly and adequately, including the necessary means for rehabilitation as soon as possible. In the event of the death of the victim as a result of an act of torture, those who suffered from it have the right to remedy&quot; (Convention against Torture, art 14). Although the International Convention on Economic, Social and Cultural Rights does not include the concept of domestic legal remedies, the UN Commission on Economic, Social and Cultural Rights has repeatedly stated that the obligation to realize economic and social rights &quot;by all appropriate means&quot; means the internal provision of legal remedies or other effective means. In the Constitution of the Republic of Albania, the right to redressal from illegal acts and actions of public bodies is included in the chapter on personal freedoms and rights. The Constitution recognizes everyone&#39;s right to be rehabilitated and/or compensated by the law, in case they have been harmed due to an illegal act, action, or inaction of state bodies (Albanian Constitution, art 44). It was not without purpose that the constitution maker created the provision, that for the damage suffered by the illegal acts, actions, or inactions of the state bodies, persons have the right to raise two claims a) rehabilitation, and/or b) compensation of financial interests. Dictionaries of the Albanian language define rehabilitation as the official return to someone of the rights they had lost or were unjustly taken away; restoring the good name or honor that was tarnished; call it good or valuable again (Albanian Dictionary, 1998). Therefore, the right to redressal is closely related to the cause of the damage and the resulting obligation to compensate it. It is a legal institute that finds special treatment in our Civil Code (Albanian Civil Code, art 608) and other legal acts. The obligation to redressal leads to the birth of legal responsibility, the purpose of which is to protect the subject and his property from the consequences of the illegal and harmful actions of the persons who commit such an action (Nuni, 2012). Responsibility means that a subject must be liable on a human, moral, or legal level for facts, actions, or events committed by him or that he is a participant in them and answer to the consequences derived from them (Sherifi, 2023). If we analyze its purpose and content, we notice that the right to redressal has a complex nature. It is presented as a procedural right, where the victim must be given the right to complain and be heard before an impartial decision-maker regarding the violation of a right, as well as a material right that implies making adequate reparation for the damage suffered. As such, the right to redressal is closely related to another right, the violation of which results in the arising of the right to redressal. The right to redressal, as a separate right, can have a mixed nature, i.e. personal (non-property) and property at the same time, because it aims not only to protect the financial interests of the subject but also personal ones, dignity, reputation, personality, etc. <strong>The right to redressal of former political prisoners, as an instrument of transitional justice</strong> One of the main challenges of the democratic state during the transition period is how to achieve social justice, how to build a future of peace and economic and social prosperity, and serving the interests of society in general. In this phase of great political, economic, and legal transformations, the realization of the constitutional aspiration of justice requires taking as a basis, not only certain economic and social circumstances or values such as needs, merits, and services but above all also valuing the protection and respect for basic human rights and freedoms, such as freedom, private property, etc., violated for decades during the communist system. This view is based on the presumption that in a democratic order, human rights and freedoms are considered as rights of a natural character, indivisible and inalienable from him. This view, which is known in doctrine as transitional justice, was an expression of the conviction that a country based on democratic values cannot be built and developed without looking at the historical background to see the violations suffered by basic human rights and freedoms, as well as without repairing as much as possible the consequences of this violation (Williams, 2007). In 1996, the Parliamentary Assembly of the Council of Europe, through Resolution 1096/1996 &quot;On measures to eradicate the communist totalitarian past&quot;, made a valuable contribution to the drafting of a conceptual framework on transitional justice. The importance of this document lay in the fact that it specifically addressed the nature of the reform measures that former communist states must undertake to build a future of peace and social harmony and the effects they bring to the construction and consolidation of the democratic state. One of the main measures that former communist states must undertake as part of transitional justice reforms, is reparative in nature and is related to &quot;...rehabilitation of persons convicted of &quot;crimes&quot;, which in a civilized society do not constitute criminal acts and those who have been unjustly punished. Material compensation should also be given to these victims of totalitarian justice and should not be (much) lower than the compensation given to those unjustly convicted of crimes under the current standard Penal Code&rdquo; (PACE 1096/1996, Art. 8). Only in 2004, the United Nations Human Rights Committee analyzing the legal obligations imposed on states by the International Covenant on Civil and Political Rights made a clear definition of the right to redressal sanctioning, among others, that &quot;the obligation to provide effective legal remedies to individuals whose rights have been violated as defined by the Covenant, is not fulfilled if those individuals are not offered compensation.&quot; Resolution 60/147/2006 of the General Assembly defined what the right to redressal includes, specifically including: restitution, measures aimed at returning victims to the initial situation before the serious violations of international human rights law occurred, such as restoration of liberty, enjoyment of human rights, restoration of employment, return of the property, etc. compensation, economic measures for physical or mental injuries, lost opportunities, and material and moral damages caused by massive violations of human rights. rehabilitation, as measures of medical and psychological care, provision of legal and social services, the moral satisfaction of the injured, as measures that shift the focus from the victims to the perpetrators through efforts to prosecute them and establish the truth at the political, legal, scientific, and cultural levels. guarantees of non-repetition include institutional reforms and measures aimed at consolidating democracy and rule of law mechanisms, which can minimize the chances that other massive human rights violations will be repeated. As discussed above, the right to effective remedy that is sanctioned in several documents substantially includes the obligation of states to address past injustices. The wording in the above acts of international law of terms such as effective means, fair means, or appropriate means gives the decision maker great flexibility in repairing as long as there is no concrete definition of these means based on the type and nature of the violation. Such a legal framework is considered as a source of corrective justice, as part of the doctrine of transitional law. Corrective justice tells us, among other things, what the law essentially allows or requires if someone has been denied, violated, or violated a good that belongs to them. Undoubtedly, it is impossible to completely correct all violations or infringements of rights. For example, life and liberty lost are irreversible and irreparable. A rapist cannot undo the violation, or dictatorial states cannot erase the damage they have caused to generations. However, these damages can be compensated at least partially, firstly, by an apology, as a measure of moral reparation, as an indicator of feeling, remorse, and reflection, which acknowledges the injustice and takes steps towards the restoration of moral relations. Corrective justice provides grounds for such pardons. Therefore, first, corrective justice requires measures of moral reparation. The demand for a large and deep social, political, and legal apology to those whose lives were taken or their freedom was taken away for criminal figures provided for in the legislation of the communist state, which represents postulates of freedom in a democratic order, represents an obligation essential of the new democratic state. Second, these measures may also include providing compensation for the injustices suffered. Redressal refers to financial and material compensation. The main goal of correctional justice reforms is to restore justice and social dignity of the victims of communist violence, alleviate suffering, and create favorable conditions for their social reintegration. According to Cohen (2016), the reasons that justify undertaking a reform with a corrective character should not be turned into reasons for the justice of another character, that of distribution (Cohen, 2016). This is because the compensation of former political convicts should not be seen as a benefit in the framework of distributive justice measures, which has as its object the causes of how and why people in a group can have benefits and certain responsibilities regarding the distribution of various goods in society. In this perspective, the right to redressal includes, on the one hand, the obligation of states to guarantee at the law level the necessary measures that guarantee the rehabilitation of victims of communist violence, as well as ensure the effective procedures for the realization of this right. The purpose of this mechanization of transitional justice, as stated in the Albanian law, is the commitment of the democratic state to the punishment of the crimes of the totalitarian communist regime, the restoration of justice and social dignity or the creation of favorable conditions, for their social reintegration, as well as guaranteeing them a better life. (Law no. 9831/2007, Art. 2) It is unimaginable that the right to an effective remedy, which itself emphasizes the &quot;effective&quot; character of this right with a corrective nature in many international documents, would not be successfully implemented in practice. Such a thing would lead to situations incompatible with the principle of the rule of law that the contracting states undertook to respect when they ratified the ECHR (Kennedy v. Hungary, 2006, Kaic, etc. v. Croatia, 2008). <strong>The right to redressal of former political prisoners given the jurisprudence of the Constitutional Courts of the SEE countries</strong> For the former communist countries, the unjust punishments that occurred during the period of the communist regime became a matter of justice. The Lithuanian Constitutional Court held the position that: &quot;the primary goal of law in a democratic state, and therefore of the law &quot;On determining the status of politically persecuted persons during the years of the communist regime and Nazism&quot; is justice and its assurance.&quot; (LCC, Case no. 04-01(99), 1999). Meanwhile, the German Federal Constitutional Court about this topic has stated that &quot;the state and society, by the principle of social justice, must share the burden or concern that has been inflicted on certain social groups by sanctioning by law concrete rights for redressal of the victims&quot; (GCC, Decision December 12, 2000). According to this Court, the compensation of political prisoners should have both symbolic and financial value. This means that these people who suffered so much during the communist regime, should not only benefit from something concrete as a sign of the obligation, attention, and commitment of, the state and society towards them. (GCC, BvR 1804/03, 2004). The German Constitutional Court takes the position that: &quot;In the construction of such a compensation system, the legislator has a wide scope of the evaluation, taking into account the nature and purpose of the repair that will be made. In this way, the legislator can determine the amount of compensation according to the financial means available, as well as take into consideration other expenses (ECHR, Von Maltzan etc vs. Germany). The Romanian Constitutional Court, speaking on the nature of redressal for former political prisoners according to Romanian legislation, emphasizes that the objective of the Law No. 221/2009 is not to return to the same situation before the serious violations of the law of human rights. The goal is rather to produce a moral satisfaction, through the recognition and punishment of the previous measures that brought about the violation of human rights. (RCC, Decision no.1354/2010) Furthermore, the Court assessed that the obligation to assign compensation to persons persecuted by the communist regime has only a moral nature. This point of view, according to this Court, is motivated by several decisions of the European Court of Human Rights, which found that the provisions of the European Convention on Human Rights do not impose specific obligations on member states to remedy injustices or damages caused by previous regimes. (ECHR, Appl. no. 14849/08, Ernewein and Others v. Germany&quot;, 2009; Appl. no. 7975/06 &quot;Klaus and Yuri Kiladze v. Georgia&quot;, 2010). The Hungarian Constitutional Court invested in the constitutionality of the compensation scheme for former political prisoners, emphasizing the necessity of respecting the dignity and equal treatment of every person who is subject to the law (HCC, Decision, 1-001-1995). According to it, the compensation scheme should have as its central idea the respect of the equal dignity of every person who, due to imprisonment or persecution for political reasons during the communist regime, benefits from the Constitution or the law the right to compensation. Even according to this court, the legislator was not obliged to give compensation to those who were deprived of their life and liberty. In regulating this issue, the legislator has wide discretion both to grant or not such compensation, as well as to determine how much budget funds should be provided for this purpose. (HCC, Decision no. 46/2000). The right to compensation for political prisoners has been the subject of review and analysis by the Albanian Constitutional Court (ACC, Decision no. 34, 2005). Analyzing the context of the transition, the Court emphasizes that regardless of the many problems inherited from the communist past and the difficulties faced by the state, Albanian society has the moral and historical duty and responsibility to respect the right of redressal of political convicts within the possibilities dictated by the economic and social conditions, taking concrete measures to find a quick, suitable and sustainable solution in this direction (ACC, Decision no. 34, 2005). The Constitutional Court maintains that the compensation of political prisoners cannot be based on the legal framework of the period before the transition, confirming the retroactive character of this legal reform. Our Constitutional Court offers the legislator an orientation on the amount of compensation for former political convicts when it states that: &quot;Compensation of ex-political prisoners should be more than symbolic and financial evaluation. The value must take into account the many sufferings of political convicts, their dignity, and the troubles and problems they face in their daily life. Redressal as a whole should be understood as a positive obligation of the state to take appropriate measures that facilitate as much as possible the rehabilitation and reintegration of this category of people in Albanian society&quot; (Ibid). According to the Court, the democratic state compensates these persons according to the conditions of economic and financial opportunities, based mainly on the important principles of justice and equality. This is because... The principle of justice, in essence, requires taking into consideration the interests of other members of society as well as the public interest as a whole. It is impossible to eliminate all the many and deep injustices done over the years to these people by the communist regime. The main goal should be to reduce the consequences of these injustices as much as possible (ACC, Decision no. 30, 2005). Expressing itself on the nature of the right to redressal, the Constitutional Court emphasizes that &quot;...the right to compensation cannot be treated as a subjective right.&quot;. The Court emphasizes the importance of respecting the principle of non-discrimination and equal treatment of all victims of serious human rights violations. According to the practice of the Court, discrimination happens when subjects in the same situation are treated differently without reasonable and objective legal justification. Of course, the definition of any criterion to qualify objective reasoning depends to a large extent on the value assessment and cannot be precisely defined (ACC, Decision no. 78, 2015). According to it, only in exceptional cases and for reasonable and objective reasons can the different treatment of certain categories of persons who benefit from this right be justified. Such could be the case of differentiation in the treatment of persons who have suffered longer and more in the prisons of the communist regime, differentiation due to age, differentiation of relatives of persons who died or were shot for political reasons, etc. However, what is important to note is that in this case, the principle of equality &quot;... does not mean that all of them should receive the same amount in money, but that all should equally benefit from the same rights, within the space defined by the law&quot; (Kritz, 1995). <strong>The nature of the legal framework on the compensation of former political prisoners</strong> As discussed above, there are essential reasons in international and domestic law that justify the creation of an effective legal remedy, at the level of the law, that will address the issue of compensation for former political prisoners. In the framework of the construction of a scheme of an effective remedy, the main problem faced by the legislator is what nature, and above all, the content will there be such a reform that will address this issue. Its content is closely related to some important characteristics that have a fundamental impact on the construction of a fair, reasonable, and, above all, effective mechanism. It would be completely illogical and counterproductive for the creation of an effective tool to fail in its functionality, turning into an ineffective tool, holding hostage the realization of the aspiration of social justice towards former political convicts. Analyzing in turn the main elements that are evident in such a legal reform, we can say that, first, as a transitional justice reform, it has a retroactive or retroactive character. The retroactive character is related to the fact that it refers to legal facts that happened in the past, that is, criminal punishments based on court decisions for political criminal offenses or acts of investigative or administrative bodies in the time of communism. This fact is also clear in the position held by our Constitutional Court, which states that: &quot;reparation and compensation of political prisoners for their suffering or unpaid work during the previous regime, cannot be based on the legal framework of the pre-transition period.&quot;. In the function of building the compensation scheme, such punishments are considered unjust (Law no. 9831/2007, Art. 3), and elements such as type and measure of punishment, category of the subject (parent or heir), etc. serve as a basis for its construction. This essential issue of the compensation mechanism, in itself, answers the question of what are the types of punishments that will be considered unjust, and consequently, what are the concrete legal acts, court decisions, acts of the prosecutor&#39;s office, investigation, or administrative acts that have served for giving these punishments? Therefore, the legal fact of the past: the decision of punishment, exile, deportation, and treatment in health institutions for crimes of a mainly political nature serves as a basis for rehabilitation and further compensation, that is, as a basis for making a corrective justice. Secondly, the right to redressal has a personal, non-pecuniary character (Art 6, 7). So, it is part of the personal rights. For this reason, this feature makes it non-transferable to other persons, unless otherwise provided by law (Nuni, 2012). As we have stated above, the nature of this right is defined directly by the law as a non-pecuniary right. Even in cases where the law has not determined the nature of this right, the Constitutional Court has considered it as such. So, the Romanian Constitutional Court considered it as a personal non-pecuniary right (RCC, Decision no. 1354/2010). Also, the Albanian Constitutional Court, examining the unconstitutionality of the law no. 9260/2004 &quot;On the status of former political convicts&quot;, considered such a right as a personal right (ACC, Decision no. 34, 2005). Undoubtedly, the main purpose of such a setting is to limit the effects of this right only to the titular person, or to the category of heirs up to a certain level according to legal definitions. Thirdly, the nature of the compensation process for former political convicts represents another issue in the discourse of the construction of the compensation mechanism. At the heart of this discussion is whether the law will construct it as a judicial or administrative process. Undoubtedly, the legislator has the margin of appreciation based on such criteria as suitability, effects, costs, speed, nature of the procedures, and burden to decide about jurisdiction. In most countries of Southeast Europe, this mechanism is built as an administrative process, but there are countries, such as the Czech Republic, that have entrusted the compensation process to judicial jurisdiction. The Czech Republic represents one of the South-Eastern European countries that have completed this transitional justice reform, not only because of the positive commitments of the state to financially support its realization but also because of the legal nature of the decisions judicial. Fourth, another essential issue is the definition of the categories of its beneficiary entities. This issue is closely related to the first issue, with the object of compensation, that is, with the nature of unjust punishments. When talking about capital punishment, then naturally the question is up to what hereditary degree can the right to compensation be extended? More or less the same question arises for other cases. Therefore, even though the right to redressal is considered a personal right, the scheme should answer the question of to what extent it will extend according to the nature of the punishments. Undoubtedly, this is also a matter where the legislator enjoys a wide margin of appreciation, but circumstances such as the type of capital punishment, the long time that has passed since the fall of communism, and the undertaking of the reform have meant that a large part of the persons who suffered the consequences of communism is no longer alive. This circumstance is a sine qua non for a wider scope of redressal and also for the category of their heirs. Therefore, it is at the discretion of the legislator the right to determine to what degree of inheritance this right should be realized, and to what degree it is extinguished. In these cases, it is important to respect the standard of equality in the treatment of categories of beneficiary entities. Fifth, the other important element of the mechanism is the value of compensation. To construct a reasonable value, it is important to consider elements such as the type and length of punishment. Such elements may condition the different financial treatment of categories of beneficiary entities. The margin of appreciation enjoyed by the legislator in this case, must be carefully evaluated about the financial possibilities of the state. The ECHR and the Albanian Constitutional Court emphasized that the democratic state compensates these persons according to the conditions of economic and financial opportunities. (ACC, Decision no. 34, 2005). However, acts of international law, such as the Resolution of the Parliamentary Assembly of the Council of Europe 1096/1996, have provided essential guidelines on the amount of compensation for former political prisoners, which should not be (much) lower than the compensation awarded to those wrongfully convicted of crimes under the current standard Penal Code (Pace, 1996, Art. 8). Finally, another issue underlying the construction of the mechanism is the criteria and conditions for granting compensation. These conditions should be considered as a limitation, a) legal, b) based on public interest, and c) proportional to build a compensation mechanism that guarantees the right balance between the public interest and that of protecting the rights of the social category of former political convicts. These criteria can be seen in two perspectives, the broad and the narrow. In the narrow sense, the conditions of the compensation scheme are those related only to the way of granting or executing the compensation, its division into installments, and the duration of the compensation execution procedure. Whereas, in a broad sense, they include, in addition to the above, such limitations as the deadline for submitting the claim for compensation, considering it as a preclusion deadline, the inclusion in the scheme of only a certain category of subjects, and the exclusion of other categories (e.g. of the heirs of the third order), the determination of an amount of compensation even smaller than those given for the current unjust imprisonments, etc. Undoubtedly, the state has the right to set different criteria for a compensation mechanism. This is because the circumstances of the general economic and social development condition the economic possibilities of the state in providing financial compensation to former political convicts (ACC, Decision no. 34, 2005). In the formal legal aspect, they should only be established by law and serve a legitimate purpose based on the public interest. While in the substantive aspect, the conditions and criteria of compensation must respect the principle of proportionality. This means that the restrictions must not be a disproportionate interference. In the present case, the limitations that come as a result of the criteria established by a legal mechanism, be it compensation, cannot create inequality, discrimination, legal uncertainty, and an unjustified duration of compensation for the category of beneficiary subjects, or even more so excessively or extinguish the right for these reasons. The inadequacy or unjustifiability of each of them may constitute a reasonable cause for violating the right to compensation of former political convicts. <strong>The legal framework on compensation for former political prisoners in Albania</strong> The issue of rehabilitation and compensation of former political prisoners in Albania has been in the attention of the Albanian state immediately after the change of the political and legal system in 1991. Characteristic is the fact that it has been addressed several times in a fragmented manner by a series of laws undertaken especially during the period 1991-1997, but without bringing concrete effects (Law 7514/1991, Law no. 7598/1992, DCM no. 40/1993, Law no. 7748/1993, DCM no. 184/1994, Law 8246/1997). The instrument for the rehabilitation of the politically persecuted in Albania through the form of compensation for unjust imprisonment or persecution was materialized with the approval of law no. 9831, dated 12.11.2007 &quot;On the compensation of former political prisoners of the communist regime&quot;. This is because, until 2007, i.e. for about 16 years, the issue of compensation for former political victims remained a statement on paper. This law began to be implemented in 2009, while its partial effects began in 2011 and followed. Analyzing in turn the elements of the compensation mechanism sanctioned by the Albanian law, we note that the retroactive character of this scheme is related to the very nature of the law, its object, and purpose and is embodied in the first provisions of the law, from Article 1 until article 5 thereof. Retroactivity is specifically expressed in Article 4 of the law entitled, the criteria for compensation, where the law refers to past legal facts such as capital punishment, deprivation of liberty, exile, and deportation, or having been isolated in the investigator or a psychiatric medical institution proven through relevant legal acts such as court decisions, acts of administrative bodies, etc. Secondly, the law defines the right to compensation for former political convicts and even for their heirs as a personal right (Law 9831/2007, Art 6,7). &nbsp;The purpose of this provision is to limit the transfer of the right in all hereditary degrees as defined in the Civil Code, giving priority to the implementation of the special law according to the old principle, <em>lex specialis derogate lex generalis.</em> Thirdly, Albanian law has built the compensation mechanism as an administrative process. Albanian law divides the administrative procedure of compensation into two stages. The first phase is characterized by the submission of the claim for compensation by the beneficiary subjects who have the burden of proof. Further, the examination, approval (including the financial assessment), or rejection of the right to compensation is carried out by the public body, the Minister of Justice. (Law 9831/2007, Art. 29). As a transitional justice reform, with a temporary character, the law sets a deadline for starting the process of submitting claims for compensation (Law 9831/2007, Art. 19) and a final or preclusive deadline for their delivery. Based on the way Albanian law has built the compensation mechanism, it should be said that the final legal act on compensation is the collective administrative act, the decision of the Council of Ministers for the approval of the list of compensation for former political convicts (Law 9831/2007, art 9). Whereas, the second phase of the administrative procedure of compensation, the one related to the execution of the right, is left to the competence of the Minister of Finance (Law 9831/2007, Art. 13). Fourth, as far as the beneficiary subjects are concerned, the legal framework for the compensation of former political prisoners divides them into two categories of beneficiaries. The primary one includes the former political convicts of the communist regime, who remained alive, and the non-primary one includes his family members, when the convict is no longer alive, as well as the family members of the executed victims and persons interned or deported to camps (Law 9831/2007, Art. 6). The law allows the right to compensation for the heirs of former political convicts up to the second degree and extinguishes this right for other degrees of inheritance (Law 9831/2007, Art. 8). As discussed above, this is the right of the legislator to extend the right to compensation to a certain category of subjects where the purpose of the compensation itself, which is to restore justice and social dignity of this layer or the creation of favorable conditions for their social reintegration, as well as guaranteeing them a better life (Law 9831/2007, Art 2). Fifth, the Albanian law on the compensation of former political prisoners determines a reasonable amount of compensation according to the nature of the political punishments. The law stipulates that every political prisoner, for each day of the sentence served, in prison, psychiatric hospital, prison hospital, isolation in the investigator, from 30.11.1944 to 1.10.1991, shall be compensated in the amount of 2,000 (two thousand) ALL per day, while the persons who suffered internment in the barbed wire fenced camp until 1954, the compensation value is 1,000 (one thousand) lek per day, and other recently interned or deported persons a scheme is provided pension, which is regulated by the decision of the Council of Ministers. Thus, as discussed above, it is at the discretion of the legislator to determine an appropriate amount of compensation. The amount of compensation that the law determines is by the orientation given by the legal acts of regional political institutions, such as the Parliamentary Assembly of the Council of Europe for a compensation equal to that of current unjust imprisonments (Peace Resolution 1096/1996). Finally, the conditions and criteria for the compensation of former political prisoners represent the last, but not least, element of the mechanism itself. This is because the execution of the right to redressal, as an effective tool for doing justice to these subjects, is closely related to the nature and content of these restrictions. In the conditions when the legislator encounters objective circumstances such as the impossibility of immediate repayment of the financial obligation for the compensation of former political prisoners due to budgetary implications, it has discretion to build a compensation mechanism that imposes such limitations. But, it is important that such restrictions, as we mentioned above, given the constitutional jurisprudence and that of the ECHR, cannot extend to an unreasonable duration that conditions the essence of the right itself, cannot cause inequality or discrimination between subjects, they cannot create legal uncertainty on the execution of compensation decisions or, even worse, they cannot extinguish the right. <strong>Discussion on the legal issues of the compensation scheme</strong> The conditions and criteria for the compensation of former political prisoners in Albanian law are sanctioned in articles 12 and 32. According to the law, the entire process of compensation in the value of the politically persecuted would be completed in 8 years (Law 9831/2007, Art 32, initial version), according to some criteria or general principles that were defined in Article 12, such as the priority of submitting the request and the equal distribution of funds to all beneficiaries, provided that the value of the compensation is not below 100,000 ALL and greater than 1 million ALL. The sanctioning at the legal level of the general deadlines for granting compensation, according to some criteria and principles, constituted a very important element of the principle of the rule of law, and legal security, in the context of redressing the rights and human dignity of former political prisoners unjustly violated by the communist regime. But, before the implementation of the compensation law had started yet, in 2009, the compensation scheme underwent radical changes, which hit the legal expectations created in about two decades of the category of politically persecuted, sanctioned two years ago, creating a confusing situation (People Advocate, Annual Report 2013). The legal changes of 2009, firstly, struck the principle of equality of compensation distribution, sanctioning that of proportionality. Secondly, according to these changes, the compensation scheme is no longer determined by the law itself, but by the sub-legal act, DCM. Thirdly, most importantly, the legal changes repealed the provision on the general 8-year term, according to which the state was obliged to carry out the entire compensation process, no longer having a term on the completion of the process (Law no. 10111/2009). In April 2011, within the framework of the determination of the compensation scheme, the Council of Ministers approved VCM no. 419/2011 &quot;On the approval of the terms and scheme for the distribution of compensation funds for the politically persecuted&quot;, which sanctions that the compensation that this category benefits from will be divided into 8 installments, but without giving any deadline on the duration or completion of the process (People Advocate, Annual Report 2013). The by-law changes of 2014, despite bringing some positive aspects regarding the acceleration of the compensation of the primary category, worsened the normative framework of the compensation scheme and deadlines (DCM, 684/2014). If we analyze their content, we do not find any sanctioned deadline for the realization of the compensation process, nor elements that regulate the scheme as required by law (People Advocate, Annual Report 2015). This decision delegates the right to the Minister of Finance to order the distribution of the next installment according to the budget he makes available, leaving no legal answer and no guarantee at the law level when and how the promised compensation will be received. The legal framework does not make it clear when subjects have the right to benefit from the indemnity installment. Even, in the conditions where the right to redressal is a private non-pecuniary right, the state&#39;s inability to executive compensation decisions may result in the extinction of the right due to the termination of the second heirs. When talking about persons of relatively old age who lost their lives in the first years of the installation of the communist dictatorship, there can undoubtedly be cases of extinguishing the right to redressal as a result of the non-execution of compensation by the state. Such a situation can lead to inequality and discrimination in the treatment of subjects. Precisely, such inequalities cannot be created due to the ambiguity of the legal framework to determine a reasonable compensation scheme, which could eventually be extended for another 30 years. In 2023, that is, about 16 years after the adoption of the law, the distribution of the fourth installment of compensation has not yet begun. If we analyze the periodicity of compensation, the time that would be necessary to complete this process is about 30 more years from this moment. This would have two serious implications. The first implication is related to the unjustified duration of the execution of compensation decisions, in an extremely unreasonable time of around 50 years, which violates the very essence of the right. The second implication concerns the inequities that the compensation scheme can create. The non-execution of decisions due to the unavailability of funds from the state for such a long time may lead to the extinguishment of the right, due to the suppression of all or some of the heirs of the second rank. The enforcement of the right to redressal now, according to the law and the by-laws, extends to an indefinite duration. Abolition of the legal deadline for the completion and the continuation of this process conditioned only by the legal and sub-legal determination that connects the execution with the available budget fund and has violated the principle of the rule of law, and especially the legal certainty. The principle of legal certainty as an aspect of the rule of law includes, in addition to the clarity, comprehensibility, and stability of the normative system, also trust in the legal system (ACC, Decision 25/2014, and 15/.2016). According to the jurisprudence of the ECHR, the predictability and clarity of legal acts and, in particular, the automatic nature of the norm, the alleged vagueness of some of its concepts are closely related to the principle of proportionality (ECHR, apply no. 27238/95, Chapman vs United Kingdom, 2001). According to this jurisprudence, the standard of reasonable duration that applies to most administrative procedures or judiciary is an essential element of the right to due process (ECHR, 2021). In its jurisprudence, the ECtHR stated that it is up to the state to organize its legal system in such a way that it is capable of managing the technical and logistical infrastructure to guarantee that the compensation scheme is at all times &quot; effective and fast&quot; (ECHR, Broniowski vs Poland, 2004). ECHR in its decisions has emphasized that the scope of assessment enjoyed by the state, although considerable, cannot be unlimited and that the exercise of legislative discretion, even in the context of the most comprehensive reform complex of the state, cannot bring consequences contrary to the standards of the Convention (ECHR, Broniowski vs Poland, 2004). This problem has also been ascertained by the People&#39;s Advocate, who, while handling the complaint of a subject for the delay of his request for compensation as an heir of a former political convict, takes a position in his recommendation on the compensation scheme, according to him, the process of compensation has become more difficult and has not progressed at the desired rates, for reasons mainly related to the changes that the legislation has undergone over the years and the non-determination of a reasonable deadline for its completion (Recommendation People Advocate, 2013). The Albanian state, through the restoration of a free and democratic society, has undertaken the commitment to create a legal system for the protection of basic human rights, where Albanian citizens are guaranteed the exercise of these rights. Also, these rights must be recognized and realized by the state, within a reasonable time, to make possible the benefit, in the concrete case of damages (Rekomandim i Avokatit te Popullit, 2013). <strong>Conclusion</strong> At the center of the doctrine of transitional justice lies the principle that it promotes democracy, revealing the dominant character of basic human rights and freedoms and strengthening the rule of law. The purpose of corrective reforms of transitional justice is the adoption of concrete measures that repair, as much as possible, the injustices of the past. As Teitel points out, these reforms have a functional and symbolic role in the transformational processes of post-communist states (Teitel, 2000). The doctrine of transitional justice considers the time factor, both in terms of the undertaking of reforms, as well as in their progress and conclusion, as essential in their success, in particular, harmony and social peace in general. The issue of transitional justice after about 3 decades after the fall of communism should have been a closed file. According to the doctrine of human rights, it should be a model in the archive of history that shows how the democratic state based on fundamental rights and freedoms challenges evil and manages to turn the course by becoming an example of their triumph. Indeed, the reparative reforms of transitional justice in Albania, such as the return and compensation of property, or the compensation of political prisoners, instead of being an example of forgiveness and justice, created new injustices, challenging the new order legal, in its basic principles, such as the rule of law and human rights. &nbsp; &nbsp; <strong>References</strong> Burgers, J. Herman, 1926-. (1988). The United Nations Convention against Torture: a handbook on the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment. Dordrecht; Boston: Norwell, MA, U.S.A.: M. Nijhoff; Sold and distributed in the U.S.A. and Canada by Kluwer Academic Publishers, Cohen, A. I. (2016). Corrective vs. distributive justice: the case of apologies.&nbsp;<em>Ethical theory and moral practice</em>,&nbsp;<em>19</em>, 663-677. Kritz, N. (1995). &ldquo;<em>Transitional Justice.&rdquo;</em> United States Institute of Peace, Washington DC, Vol.1. Koh&euml;zgjatja e paarsyeshme e procedures (<em>2</em>021): <em>P&euml;rmbledhje e praktik&euml;s gjyq&euml;sore t&euml; GjEDNj: </em>https://rm.coe.int/echr-alb-reasonable-time-of-proceedings-compilation-of-case-la&euml;-of-the/1680a20cd9, retrieved on 12.05.2023 Laplante, L. J. (2007). The Law of Remedies and the Clean Hands Doctrine: Exclusionary Reparation Policies in Peru&#39;s Political Transition.&nbsp;<em>Am. U. Int&#39;l L. Rev.</em>,&nbsp;<em>23</em>, 51. Nuni, A<em>. </em>(2012). <em>E drejta e Biznesit, </em> Teitel, R. (2000). <em>Transitional Justice, </em>New York: OUP Shelton, D. (2002). Righting wrongs: Reparations in the articles on state responsibility.&nbsp;<em>American Journal of International Law</em>,&nbsp;<em>96</em>(4), 833-856. Shelton, D. (2015).&nbsp;<em>Remedies in international human rights law</em>. Oxford University Press, USA. Sherifi, V. (2023). 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(1994). dat&euml; 04.05.1994 &ldquo;P&euml;r dh&euml;nien e kompensimit pasuror t&euml; ish t&euml; d&euml;nuarve dhe t&euml; p&euml;rndjekurve politik&euml; nga sistemi politik&rdquo;, DCM nr. 419. (2011). dat&euml; 14.4.2011, &ldquo;P&euml;r miratimin e afateve dhe t&euml; skem&euml;s s&euml; shp&euml;rndarjes s&euml; fondeve t&euml; d&euml;mshp&euml;rblimit p&euml;r ish t&euml; d&euml;nuarit politik t&euml; regjimit komunist&rdquo;. European Convention on Human Rights, (1951), ratified by Albania 31.07.1996 DCM nr.684/2014(2014) &ldquo;P&euml;r disa ndryshime n&euml; DCM nr. 419, dat&euml; 14.4.2011. ECHR (2001). Chapman vs United Kingdom nr. 27238/95, ECHR 2001-I). ECHR. (2004). Broniowski kund&euml;r Polonis&euml; [GC], nr. 31443/96, GJEDNJ 2004-V. ECHR. (2008). Kaić etc vs Kroatia, ECHR. (2009). Von Maltzan and others vs Germany. ECHR (2010). Klaus, and Yuri Kiladze v Georgia&rdquo;, the decision on 2 February 2010 application no. 7975/06 ECHR, Ernewein and Others v. Germany&rdquo; (2009)<em>.&nbsp;the </em>decision on 12 May 2009 application no. 14849/08 GCC BVerfG, Order of the Second Senate of 12 December 2000 - 2 BvR 1290/99 -, paras. 1-49, http://www.bverfg.de/e/rk20001212_2bvr129099en.html Hungarian Constitutional Court (1995), 1-001-1995 Hungarian Constitutional Court (2000), no. 46/2000. (XII. 14.). CODICES HUN-2000-3-009, International Covenant on Civil and Political Rights, (1966), ratified by Albania in 29.08.1991 International Convention on Economic, Social and Cultural Rights, (1966), ratified 04 October 1991 Judgement Blecic v. Croatia, 2004 - Decision no.1354/2010, Official Gazette of Romania no.761 of 15 November 2010 (compensation for political convictions, equality, nondiscrimination); Kenedi v. Hungary (ECtHR 26 May 2009, no. 31475/05) Kodi Civil (CIVIL CODE) In force Jan. 1, 1995. The text extends over four issues of the Fletorja zyrtare Nos. 11, 12, 13, and 14 of 1994 Law nr.7514/1991(1991) &ldquo;P&euml;r pafaj&euml;sin&euml;, amnistin&euml; dhe rehabilitimin e ish t&euml; d&euml;nuarve e t&euml; p&euml;rndjekurve politik&euml;&rdquo;, Law nr.7598/1992. (1992) &ldquo;P&euml;r krijimin e fondit t&euml; vecant&euml; monetar p&euml;r ish t&euml; d&euml;nuarit e t&euml; p&euml;rndjekurit politik&rdquo; Law nr.7748/199391993) &ldquo;P&euml;r statusin e ish-t&euml; d&euml;nuarve dhe t&euml; p&euml;rndjekurve politik&euml; nga sistemi komunist&rdquo;, Law nr.8246, dat&euml; 01.10.1997(1997). &ldquo;P&euml;r krijimin e institutit t&euml; integrimit t&euml; t&euml; p&euml;rndjekurve politik&rdquo; Law nr.9831/2007. (2007). &ldquo;P&euml;r d&euml;mshp&euml;rblimin e t&euml; ish d&euml;nuarve politik&rdquo; Law&nbsp;No.7514&nbsp;dated 30.9.1991(1991)&nbsp;&quot;On innocence. amnesty and rehabilitation of former convicts and political persecuted&quot; (as amended). Lithuanian Constitutional Court Case no 04.01.99 Newmark, L. (1998).&nbsp;<em>Albanian-English dictionary</em>. Oxford: Oxford University Press. Peace Resolution 1096/1996(1996) Measures to dismantle the heritage of former communist totalitarian systems, Parliamentary Assembly, Third Party Session Romanian Constitutional Court Decision Case of Buhuceanu and others v. Romania (2010) The Universal Declaration of Human Rights, (1948) The Parliamentary Assembly of the Council of Europe. (1996) Resolution no. 1096/1996. Raport i Avokatit t&euml; Popullit p&euml;r Veprimtarin&euml; p&euml;r vitin 2015,(2015)<em> People Advocate Report, Annual Report on Peoples Advocate</em> http://www.avokatipopullit.gov.al/sites/default/files/ctools/RAPORTI%20SHQIP%202015%20.pdf, retrieved on 12.05.2023. Rekomandim i Avokatit t&euml; Popullit (2023)https://www.avokatipopullit.gov.al/media/manager/website/media/Rekomandim%20p%C3%ABr%20marrjen%20e%20masave%20p%C3%ABr%20rishikimin%20e%20dosjes%, rretrievedon 13.05.2023 UN General Assembly,&nbsp;<em>Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment</em>, 10 December 1984,&nbsp;United Nations, Treaty Series, vol. 1465, p. 85 &nbsp; &nbsp; &nbsp;

<strong>Abstract</strong> The change in the political and legal system in Albania gave birth to great hope, not only for the triumph of dignity but also for the correction of injustices towards former political prisoners. In Albania, from 1991 to 2008, a series of legal measures addressed the issue of former political prisoners. Their purpose was not only to legally consider punishment for crimes of a political nature as unjust but also to award compensation. But, in the span of 17 years, they remained a formal statement on paper, an inadequate legal solution that in very few cases became effective. At the beginning of 2008, with the entry into force of the law on the compensation of former political convicts, an administrative compensation process was sanctioned that offered a reasonable solution in terms of time and amount of compensation. However, the subsequent legal changes recognized the right of the state to carry out a compensation process based on budgetary possibilities and did not condition the realization of this process in terms of time. The paper aims to analyze the concept of transitional justice in international and domestic law, highlighting its main instruments, as well as focusing on compensation for former political prisoners in Albania. The work through the analytical and comparative method supports the hypothesis that the compensation of political prisoners designed as an effective tool for correcting the injustice caused during the years of communism is bringing back new injustices, which are incompatible with the principle of the rule of law and human rights. The compensation scheme for political convicts in Albania has created not only legal uncertainty regarding the time of compensation but also that such duration can lead to inequality and discrimination. The paper recommends the need for immediate legal changes to build a fair, fast, and effective compensation mechanism. <strong>Keywords</strong>: <em>Transitional Justice, Rehabilitation, Compensation Scheme, Ex-Political Prisoners</em> &nbsp; <strong>Introduction</strong> The developments that followed the Second World War represent the most important moment in the reformation of the conceptual framework of international law. From a right that addressed issues and elements of relations between states, as its subjects, to a right that as a subject also included individuals who are under the jurisdiction of a state. Precisely, this moment marks an important turning point in the approach of international law, from a right that was an instrument of states, to a right that turned into an instrument of human dignity and basic human values. This shift is undoubtedly dedicated to a new ideology on human nature, basic values, needs, and relationships that characterize it from birth to death, and the role and functions of the state. This ideology was embodied in the regime of basic human rights and freedoms, which were first sanctioned in the Universal Declaration of Fundamental Human Rights and, subsequently, in several other international and regional law documents. This new approach brought important implications in two aspects. First, if a state has ratified legal documents of international or regional law, the doctrine of fundamental rights and freedoms makes the state automatically responsible for fulfilling the negative and positive obligations associated with the application of any right in its jurisdiction. internal. Secondly, the effectiveness of the guarantee of fundamental rights is no longer only a matter of domestic jurisdiction with the fact, but also of international law, paving the way for the possibility to address violations through the mechanisms of international or regional law. In the large range of fundamental rights, an important place is occupied by the status of the right to redressal from illegal actions and acts of public bodies. Its legal nature is the object, not only of a series of legal documents of international and domestic law but above all of the jurisprudence of the International Courts and the constitutional ones of the special jurisdictions. <strong>The right to redressal in international law and Albanian Constitution</strong> The right to redressal, which in Roman law is considered a fundamental right based on the principle of redressal, where there is a right there is also a remedy (Laplante, 2007). In international law, for the first time, it was formulated by the Permanent International Court of Justice in the Chorzow Factory case. (Chorzow Factory Case, Germany vs Poland, PCIJ, 1928) This Court, interpreting the principle of redressal, states that it represents a principle of international law and a general concept of law, which means that every violation must be compensated. This principle, as most treated in international law, according to the Permanent International Court of Justice, is based on the restoration of the situation that existed before the violation occurred. At its core is making, as soon as possible, the reparation for the damage suffered as a result of the violation, the elimination of all the consequences that have come as a result of the illegal activity, and the restoration of the previous state as if the violation had not occurred. The redressal consists of the return in kind or, if this is impossible, in the payment of an amount corresponding to the value of its return (Chorzow Factory Case, Germany vs Poland, PCIJ,1928, p 47). This principle formulated in the Chorzow Factory case and applied later in other disputes that regulate relations and responsibility between states in case of violation of international treaties or customary international law has had a great influence in the field of human rights (Shelton, 2005). For the first time, in the field of human rights, the right to redressal was sanctioned in the Universal Declaration of Human Rights. Article 8, this document guarantees every person &quot;the right to have effective legal remedies before competent national courts to redress actions that violate fundamental rights guaranteed by the constitution or by law&quot; (UDHR, Art 8). Later, this right was also provided for in the European Convention on Human Rights, which, in Article 13, sanctioned: &quot;the right of every individual who has been violated the rights and freedoms defined in this Convention, to be offered an effective solution before a national body, even though the violation was committed by persons acting in the fulfillment of their official functions.&quot;. A few years later, the right to effective legal remedies was affirmed in the ICCPR, which imposes on member states the obligation to enact laws where necessary to make the rights recognized by the Convention effective. and provide effective remedies for their violation (ICCPR, art. 2, para. 3). Also, Article 14 of the Convention against Torture and Inhumane Treatment sanctions the obligation that &quot;Each State Party, in its legal system, ensures the victim of an act of torture the right to seek reparation and to be compensated fairly and adequately, including the necessary means for rehabilitation as soon as possible. In the event of the death of the victim as a result of an act of torture, those who suffered from it have the right to remedy&quot; (Convention against Torture, art 14). Although the International Convention on Economic, Social and Cultural Rights does not include the concept of domestic legal remedies, the UN Commission on Economic, Social and Cultural Rights has repeatedly stated that the obligation to realize economic and social rights &quot;by all appropriate means&quot; means the internal provision of legal remedies or other effective means. In the Constitution of the Republic of Albania, the right to redressal from illegal acts and actions of public bodies is included in the chapter on personal freedoms and rights. The Constitution recognizes everyone&#39;s right to be rehabilitated and/or compensated by the law, in case they have been harmed due to an illegal act, action, or inaction of state bodies (Albanian Constitution, art 44). It was not without purpose that the constitution maker created the provision, that for the damage suffered by the illegal acts, actions, or inactions of the state bodies, persons have the right to raise two claims a) rehabilitation, and/or b) compensation of financial interests. Dictionaries of the Albanian language define rehabilitation as the official return to someone of the rights they had lost or were unjustly taken away; restoring the good name or honor that was tarnished; call it good or valuable again (Albanian Dictionary, 1998). Therefore, the right to redressal is closely related to the cause of the damage and the resulting obligation to compensate it. It is a legal institute that finds special treatment in our Civil Code (Albanian Civil Code, art 608) and other legal acts. The obligation to redressal leads to the birth of legal responsibility, the purpose of which is to protect the subject and his property from the consequences of the illegal and harmful actions of the persons who commit such an action (Nuni, 2012). Responsibility means that a subject must be liable on a human, moral, or legal level for facts, actions, or events committed by him or that he is a participant in them and answer to the consequences derived from them (Sherifi, 2023). If we analyze its purpose and content, we notice that the right to redressal has a complex nature. It is presented as a procedural right, where the victim must be given the right to complain and be heard before an impartial decision-maker regarding the violation of a right, as well as a material right that implies making adequate reparation for the damage suffered. As such, the right to redressal is closely related to another right, the violation of which results in the arising of the right to redressal. The right to redressal, as a separate right, can have a mixed nature, i.e&nbsp;personal (non-property) and property at the same time, because it aims not only to protect the financial interests of the subject but also personal ones, dignity, reputation, personality, etc. <strong>The right to redressal of former political prisoners, as an instrument of transitional justice</strong> One of the main challenges of the democratic state during the transition period is how to achieve social justice, how to build a future of peace and economic and social prosperity&nbsp;and serving the interests of society in general. In this phase of great political, economic, and legal transformations, the realization of the constitutional aspiration of justice requires taking as a basis, not only certain economic and social circumstances or values such as needs, merits, and services but above all also valuing the protection and respect for basic human rights and freedoms, such as freedom, private property, etc., violated for decades during the communist system. This view is based on the presumption that in a democratic order, human rights and freedoms are considered as rights of a natural character, indivisible and inalienable from him. This view, which is known in doctrine as transitional justice, was an expression of the conviction that a country based on democratic values cannot be built and developed without looking at the historical background to see the violations suffered by basic human rights and freedoms, as well as without repairing as much as possible the consequences of this violation (Williams, 2007). In 1996, the Parliamentary Assembly of the Council of Europe, through Resolution 1096/1996 &quot;On measures to eradicate the communist totalitarian past&quot;, made a valuable contribution to the drafting of a conceptual framework on transitional justice. The importance of this document lay in the fact that it specifically addressed the nature of the reform measures that former communist states must undertake to build a future of peace and social harmony and the effects they bring to the construction and consolidation of the democratic state. One of the main measures that former communist states must undertake as part of transitional justice reforms, is reparative in nature and is related to &quot;...rehabilitation of persons convicted of &quot;crimes&quot;, which in a civilized society do not constitute criminal acts and those who have been unjustly punished. Material compensation should also be given to these victims of totalitarian justice and should not be (much) lower than the compensation given to those unjustly convicted of crimes under the current standard Penal Code&rdquo; (PACE 1096/1996, Art. 8). Only in 2004, the United Nations Human Rights Committee analyzing the legal obligations imposed on states by the International Covenant on Civil and Political Rights made a clear definition of the right to redressal sanctioning, among others, that &quot;the obligation to provide effective legal remedies to individuals whose rights have been violated as defined by the Covenant, is not fulfilled if those individuals are not offered compensation.&quot; Resolution 60/147/2006 of the General Assembly defined what the right to redressal includes, specifically including: restitution, measures aimed at returning victims to the initial situation before the serious violations of international human rights law occurred, such as restoration of liberty, enjoyment of human rights, restoration of employment, return of the property, etc. compensation, economic measures for physical or mental injuries, lost opportunities, and material and moral damages caused by massive violations of human rights. rehabilitation, as measures of medical and psychological care, provision of legal and social services, the moral satisfaction of the injured, as measures that shift the focus from the victims to the perpetrators through efforts to prosecute them and establish the truth at the political, legal, scientific, and cultural levels. guarantees of non-repetition include institutional reforms and measures aimed at consolidating democracy and rule of law mechanisms, which can minimize the chances that other massive human rights violations will be repeated. As discussed above, the right to effective remedy that is sanctioned in several documents substantially includes the obligation of states to address past injustices. The wording in the above acts of international law of terms such as effective means, fair means, or appropriate means gives the decision maker great flexibility in repairing as long as there is no concrete definition of these means based on the type and nature of the violation. Such a legal framework is considered as a source of corrective justice, as part of the doctrine of transitional law. Corrective justice tells us, among other things, what the law essentially allows or requires if someone has been denied, violated, or violated a good that belongs to them. Undoubtedly, it is impossible to completely correct all violations or infringements of rights. For example, life and liberty lost are irreversible and irreparable. A rapist cannot undo the violation, or dictatorial states cannot erase the damage they have caused to generations. However, these damages can be compensated at least partially, firstly, by an apology, as a measure of moral reparation, as an indicator of feeling, remorse, and reflection, which acknowledges the injustice and takes steps towards the restoration of moral relations. Corrective justice provides grounds for such pardons. Therefore, first, corrective justice requires measures of moral reparation. The demand for a large and deep social, political, and legal apology to those whose lives were taken or their freedom was taken away for criminal figures provided for in the legislation of the communist state, which represents postulates of freedom in a democratic order, represents an obligation essential of the new democratic state. Second, these measures may also include providing compensation for the injustices suffered. Redressal refers to financial and material compensation. The main goal of correctional justice reforms is to restore justice and social dignity of the victims of communist violence, alleviate suffering, and create favorable conditions for their social reintegration. According to Cohen (2016), the reasons that justify undertaking a reform with a corrective character should not be turned into reasons for the justice of another character, that of distribution (Cohen, 2016). This is because the compensation of former political convicts should not be seen as a benefit in the framework of distributive justice measures, which has as its object the causes of how and why people in a group can have benefits and certain responsibilities regarding the distribution of various goods in society. In this perspective, the right to redressal includes, on the one hand, the obligation of states to guarantee at the law level the necessary measures that guarantee the rehabilitation of victims of communist violence, as well as ensure the effective procedures for the realization of this right. The purpose of this mechanization of transitional justice, as stated in the Albanian law, is the commitment of the democratic state to the punishment of the crimes of the totalitarian communist regime, the restoration of justice and social dignity or the creation of favorable conditions, for their social reintegration, as well as guaranteeing them a better life. (Law no. 9831/2007, Art. 2) It is unimaginable that the right to an effective remedy, which itself emphasizes the &quot;effective&quot; character of this right with a corrective nature in many international documents, would not be successfully implemented in practice. Such a thing would lead to situations incompatible with the principle of the rule of law that the contracting states undertook to respect when they ratified the ECHR (Kennedy v. Hungary, 2006, Kaic, etc. v. Croatia, 2008). <strong>The right to redressal of former political prisoners given the jurisprudence of the Constitutional Courts of the SEE countries</strong> For the former communist countries, the unjust punishments that occurred during the period of the communist regime became a matter of justice. The Lithuanian Constitutional Court held the position that: &quot;the primary goal of law in a democratic state, and therefore of the law &quot;On determining the status of politically persecuted persons during the years of the communist regime and Nazism&quot; is justice and its assurance.&quot; (LCC, Case no. 04-01(99), 1999). Meanwhile, the German Federal Constitutional Court about this topic has stated that &quot;the state and society, by the principle of social justice, must share the burden or concern that has been inflicted on certain social groups by sanctioning by law concrete rights for redressal of the victims&quot; (GCC, Decision December 12, 2000). According to this Court, the compensation of political prisoners should have both symbolic and financial value. This means that these people who suffered so much during the communist regime, should not only benefit from something concrete as a sign of the obligation, attention, and commitment of, the state and society towards them. (GCC, BvR 1804/03, 2004). The German Constitutional Court takes the position that: &quot;In the construction of such a compensation system, the legislator has a wide scope of the evaluation, taking into account the nature and purpose of the repair that will be made. In this way, the legislator can determine the amount of compensation according to the financial means available, as well as take into consideration other expenses (ECHR, Von Maltzan etc. vs. Germany). The Romanian Constitutional Court, speaking on the nature of redressal for former political prisoners according to Romanian legislation, emphasizes that the objective of the Law No. 221/2009 is not to return to the same situation before the serious violations of the law of human rights. The goal is rather to produce a moral satisfaction, through the recognition and punishment of the previous measures that brought about the violation of human rights. (RCC, Decision no.1354/2010) Furthermore, the Court assessed that the obligation to assign compensation to persons persecuted by the communist regime has only a moral nature. This point of view, according to this Court, is motivated by several decisions of the European Court of Human Rights, which found that the provisions of the European Convention on Human Rights do not impose specific obligations on member states to remedy injustices or damages caused by previous regimes. (ECHR, Appl. no. 14849/08, Ernewein and Others v. Germany&quot;, 2009; Appl. no. 7975/06 &quot;Klaus and Yuri Kiladze v. Georgia&quot;, 2010). The Hungarian Constitutional Court invested in the constitutionality of the compensation scheme for former political prisoners, emphasizing the necessity of respecting the dignity and equal treatment of every person who is subject to the law (HCC, Decision, 1-001-1995). According to it, the compensation scheme should have as its central idea the respect of the equal dignity of every person who, due to imprisonment or persecution for political reasons during the communist regime, benefits from the Constitution or the law the right to compensation. Even according to this court, the legislator was not obliged to give compensation to those who were deprived of their life and liberty. In regulating this issue, the legislator has wide discretion both to grant or not such compensation, as well as to determine how much budget funds should be provided for this purpose. (HCC, Decision no. 46/2000). The right to compensation for political prisoners has been the subject of review and analysis by the Albanian Constitutional Court (ACC, Decision no. 34, 2005). Analyzing the context of the transition, the Court emphasizes that regardless of the many problems inherited from the communist past and the difficulties faced by the state, Albanian society has the moral and historical duty and responsibility to respect the right of redressal of political convicts within the possibilities dictated by the economic and social conditions, taking concrete measures to find a quick, suitable and sustainable solution in this direction (ACC, Decision no. 34, 2005). The Constitutional Court maintains that the compensation of political prisoners cannot be based on the legal framework of the period before the transition, confirming the retroactive character of this legal reform. Our Constitutional Court offers the legislator an orientation on the amount of compensation for former political convicts when it states that: &quot;Compensation of ex-political prisoners should be more than symbolic and financial evaluation. The value must take into account the many sufferings of political convicts, their dignity, and the troubles and problems they face in their daily life. Redressal as a whole should be understood as a positive obligation of the state to take appropriate measures that facilitate as much as possible the rehabilitation and reintegration of this category of people in Albanian society&quot; (Ibid). According to the Court, the democratic state compensates these persons according to the conditions of economic and financial opportunities, based mainly on the important principles of justice and equality. This is because... The principle of justice, in essence, requires taking into consideration the interests of other members of society as well as the public interest as a whole. It is impossible to eliminate all the many and deep injustices done over the years to these people by the communist regime. The main goal should be to reduce the consequences of these injustices as much as possible (ACC, Decision no. 30, 2005). Expressing itself on the nature of the right to redressal, the Constitutional Court emphasizes that &quot;...the right to compensation cannot be treated as a subjective right.&quot;. The Court emphasizes the importance of respecting the principle of non-discrimination and equal treatment of all victims of serious human rights violations. According to the practice of the Court, discrimination happens when subjects in the same situation are treated differently without reasonable and objective legal justification. Of course, the definition of any criterion to qualify objective reasoning depends to a large extent on the value assessment and cannot be precisely defined (ACC, Decision no. 78, 2015). According to it, only in exceptional cases and for reasonable and objective reasons can the different treatment of certain categories of persons who benefit from this right be justified. Such could be the case of differentiation in the treatment of persons who have suffered longer and more in the prisons of the communist regime, differentiation due to age, differentiation of relatives of persons who died or were shot for political reasons, etc. However, what is important to note is that in this case, the principle of equality &quot;... does not mean that all of them should receive the same amount in money, but that all should equally benefit from the same rights, within the space defined by the law&quot; (Kritz, 1995). <strong>The nature of the legal framework on the compensation of former political prisoners</strong> As discussed above, there are essential reasons in international and domestic law that justify the creation of an effective legal remedy, at the level of the law, that will address the issue of compensation for former political prisoners. In the framework of the construction of a scheme of an effective remedy, the main problem faced by the legislator is what nature, and above all, the content will there be such a reform that will address this issue. Its content is closely related to some important characteristics that have a fundamental impact on the construction of a fair, reasonable, and, above all, effective mechanism. It would be completely illogical and counterproductive for the creation of an effective tool to fail in its functionality, turning into an ineffective tool, holding hostage the realization of the aspiration of social justice towards former political convicts. Analyzing in turn the main elements that are evident in such a legal reform, we can say that, first, as a transitional justice reform, it has a retroactive or retroactive character. The retroactive character is related to the fact that it refers to legal facts that happened in the past, that is, criminal punishments based on court decisions for political criminal offenses or acts of investigative or administrative bodies in the time of communism. This fact is also clear in the position held by our Constitutional Court, which states that: &quot;reparation and compensation of political prisoners for their suffering or unpaid work during the previous regime, cannot be based on the legal framework of the pre-transition period.&quot;. In the function of building the compensation scheme, such punishments are considered unjust (Law no. 9831/2007, Art. 3), and elements such as type and measure of punishment, category of the subject (parent or heir), etc. serve as a basis for its construction. This essential issue of the compensation mechanism, in itself, answers the question of what are the types of punishments that will be considered unjust, and consequently, what are the concrete legal acts, court decisions, acts of the prosecutor&#39;s office, investigation, or administrative acts that have served for giving these punishments? Therefore, the legal fact of the past: the decision of punishment, exile, deportation, and treatment in health institutions for crimes of a mainly political nature serves as a basis for rehabilitation and further compensation, that is, as a basis for making a corrective justice. Secondly, the right to redressal has a personal, non-pecuniary character (Art 6, 7). So, it is part of the personal rights. For this reason, this feature makes it non-transferable to other persons, unless otherwise provided by law (Nuni, 2012). As we have stated above, the nature of this right is defined directly by the law as a non-pecuniary right. Even in cases where the law has not determined the nature of this right, the Constitutional Court has considered it as such. So, the Romanian Constitutional Court considered it as a personal non-pecuniary right (RCC, Decision no. 1354/2010). Also, the Albanian Constitutional Court, examining the unconstitutionality of the law no. 9260/2004 &quot;On the status of former political convicts&quot;, considered such a right as a personal right (ACC, Decision no. 34, 2005). Undoubtedly, the main purpose of such a setting is to limit the effects of this right only to the titular person, or to the category of heirs up to a certain level according to legal definitions. Thirdly, the nature of the compensation process for former political convicts represents another issue in the discourse of the construction of the compensation mechanism. At the heart of this discussion is whether the law will construct it as a judicial or administrative process. Undoubtedly, the legislator has the margin of appreciation based on such criteria as suitability, effects, costs, speed, nature of the procedures, and burden to decide about jurisdiction. In most countries of Southeast Europe, this mechanism is built as an administrative process, but there are countries, such as the Czech Republic, that have entrusted the compensation process to judicial jurisdiction. The Czech Republic represents one of the South-Eastern European countries that have completed this transitional justice reform, not only because of the positive commitments of the state to financially support its realization but also because of the legal nature of the decisions judicial. Fourth, another essential issue is the definition of the categories of its beneficiary entities. This issue is closely related to the first issue, with the object of compensation, that is, with the nature of unjust punishments. When talking about capital punishment, then naturally the question is up to what hereditary degree can the right to compensation be extended? More or less the same question arises for other cases. Therefore, even though the right to redressal is considered a personal right, the scheme should answer the question of to what extent it will extend according to the nature of the punishments. Undoubtedly, this is also a matter where the legislator enjoys a wide margin of appreciation, but circumstances such as the type of capital punishment, long time that has passed since the fall of communism, and the undertaking of the reform have meant that a large part of the persons who suffered the consequences of communism is no longer alive. This circumstance is a sine qua non for a wider scope of redressal and also for the category of their heirs. Therefore, it is at the discretion of the legislator the right to determine to what degree of inheritance this right should be realized, and to what degree it is extinguished. In these cases, it is important to respect the standard of equality in the treatment of categories of beneficiary entities. Fifth, the other important element of the mechanism is the value of compensation. To construct a reasonable value, it is important to consider elements such as the type and length of punishment. Such elements may condition the different financial treatment of categories of beneficiary entities. The margin of appreciation enjoyed by the legislator in this case, must be carefully evaluated about the financial possibilities of the state. The ECHR and the Albanian Constitutional Court emphasized that the democratic state compensates these persons according to the conditions of economic and financial opportunities. (ACC, Decision no. 34, 2005). However, acts of international law, such as the Resolution of the Parliamentary Assembly of the Council of Europe 1096/1996, have provided essential guidelines on the amount of compensation for former political prisoners, which should not be (much) lower than the compensation awarded to those wrongfully convicted of crimes under the current standard Penal Code (Pace, 1996, Art. 8). Finally, another issue underlying the construction of the mechanism is the criteria and conditions for granting compensation. These conditions should be considered as a limitation, a) legal, b) based on public interest, and c) proportional to build a compensation mechanism that guarantees the right balance between the public interest and that of protecting the rights of the social category of former political convicts. These criteria can be seen in two perspectives, the broad and the narrow. In the narrow sense, the conditions of the compensation scheme are those related only to the way of granting or executing the compensation, its division into installments, and the duration of the compensation execution procedure. Whereas, in a broad sense, they include, in addition to the above, such limitations as the deadline for submitting the claim for compensation, considering it as a preclusion deadline, the inclusion in the scheme of only a certain category of subjects, and the exclusion of other categories (e.g&nbsp;of the heirs of the third order), the determination of an amount of compensation even smaller than those given for the current unjust imprisonments, etc. Undoubtedly, the state has the right to set different criteria for a compensation mechanism. This is because the circumstances of the general economic and social development condition the economic possibilities of the state in providing financial compensation to former political convicts (ACC, Decision no. 34, 2005). In the formal legal aspect, they should only be established by law and serve a legitimate purpose based on the public interest. While in the substantive aspect, the conditions and criteria of compensation must respect the principle of proportionality. This means that the restrictions must not be a disproportionate interference. In the present case, the limitations that come as a result of the criteria established by a legal mechanism, be it compensation, cannot create inequality, discrimination, legal uncertainty, and an unjustified duration of compensation for the category of beneficiary subjects, or even more so excessively or extinguish the right for these reasons. The inadequacy or unjustifiability of each of them may constitute a reasonable cause for violating the right to compensation of former political convicts. <strong>The legal framework on compensation for former political prisoners in Albania</strong> The issue of rehabilitation and compensation of former political prisoners in Albania has been in the attention of the Albanian state immediately after the change of the political and legal system in 1991. Characteristic is the fact that it has been addressed several times in a fragmented manner by a series of laws undertaken especially during the period 1991-1997, but without bringing concrete effects (Law 7514/1991, Law no. 7598/1992, DCM no. 40/1993, Law no. 7748/1993, DCM no. 184/1994, Law 8246/1997). The instrument for the rehabilitation of the politically persecuted in Albania through the form of compensation for unjust imprisonment or persecution was materialized with the approval of law no. 9831, dated 12.11.2007 &quot;On the compensation of former political prisoners of the communist regime&quot;. This is because, until 2007, i.e&nbsp;for about 16 years, the issue of compensation for former political victims remained a statement on paper. This law began to be implemented in 2009, while its partial effects began in 2011 and followed. Analyzing in turn the elements of the compensation mechanism sanctioned by the Albanian law, we note that the retroactive character of this scheme is related to the very nature of the law, its object, and purpose and is embodied in the first provisions of the law, from Article 1 until article 5 thereof. Retroactivity is specifically expressed in Article 4 of the law entitled, the criteria for compensation, where the law refers to past legal facts such as capital punishment, deprivation of liberty, exile, and deportation, or having been isolated in the investigator or a psychiatric medical institution proven through relevant legal acts such as court decisions, acts of administrative bodies, etc. Secondly, the law defines the right to compensation for former political convicts and even for their heirs as a personal right (Law 9831/2007, Art 6,7). &nbsp;The purpose of this provision is to limit the transfer of the right in all hereditary degrees as defined in the Civil Code, giving priority to the implementation of the special law according to the old principle, <em>lex specialis derogate lex generalis.</em> Thirdly, Albanian law has built the compensation mechanism as an administrative process. Albanian law divides the administrative procedure of compensation into two stages. The first phase is characterized by the submission of the claim for compensation by the beneficiary subjects who have the burden of proof. Further, the examination, approval (including the financial assessment), or rejection of the right to compensation is carried out by the public body, the Minister of Justice. (Law 9831/2007, Art. 29). As a transitional justice reform, with a temporary character, the law sets a deadline for starting the process of submitting claims for compensation (Law 9831/2007, Art. 19) and a final or preclusive deadline for their delivery. Based on the way Albanian law has built the compensation mechanism, it should be said that the final legal act on compensation is the collective administrative act, the decision of the Council of Ministers for the approval of the list of compensation for former political convicts (Law 9831/2007, art 9). Whereas, the second phase of the administrative procedure of compensation, the one related to the execution of the right, is left to the competence of the Minister of Finance (Law 9831/2007, Art. 13). Fourth, as far as the beneficiary subjects are concerned, the legal framework for the compensation of former political prisoners divides them into two categories of beneficiaries. The primary one includes the former political convicts of the communist regime, who remained alive, and the non-primary one includes his family members, when the convict is no longer alive, as well as the family members of the executed victims and persons interned or deported to camps (Law 9831/2007, Art. 6). The law allows the right to compensation for the heirs of former political convicts up to the second degree and extinguishes this right for other degrees of inheritance (Law 9831/2007, Art. 8). As discussed above, this is the right of the legislator to extend the right to compensation to a certain category of subjects where the purpose of the compensation itself, which is to restore justice and social dignity of this layer or the creation of favorable conditions for their social reintegration, as well as guaranteeing them a better life (Law 9831/2007, Art 2). Fifth, the Albanian law on the compensation of former political prisoners determines a reasonable amount of compensation according to the nature of the political punishments. The law stipulates that every political prisoner, for each day of the sentence served, in prison, psychiatric hospital, prison hospital, isolation in the investigator, from 30.11.1944 to 1.10.1991, shall be compensated in the amount of 2,000 (two thousand) ALL per day, while the persons who suffered internment in the barbed wire fenced camp until 1954, the compensation value is 1,000 (one thousand) lek per day, and other recently interned or deported persons a scheme is provided pension, which is regulated by the decision of the Council of Ministers. Thus, as discussed above, it is at the discretion of the legislator to determine an appropriate amount of compensation. The amount of compensation that the law determines is by the orientation given by the legal acts of regional political institutions, such as the Parliamentary Assembly of the Council of Europe for a compensation equal to that of current unjust imprisonments (Peace Resolution 1096/1996). Finally, the conditions and criteria for the compensation of former political prisoners represent the last, but not least, element of the mechanism itself. This is because the execution of the right to redressal, as an effective tool for doing justice to these subjects, is closely related to the nature and content of these restrictions. In the conditions when the legislator encounters objective circumstances such as the impossibility of immediate repayment of the financial obligation for the compensation of former political prisoners due to budgetary implications, it has discretion to build a compensation mechanism that imposes such limitations. But&nbsp;it is important that such restrictions, as we mentioned above, given the constitutional jurisprudence and that of the ECHR, cannot extend to an unreasonable duration that conditions the essence of the right itself, cannot cause inequality or discrimination between subjects, they cannot create legal uncertainty on the execution of compensation decisions or, even worse, they cannot extinguish the right. <strong>Discussion on the legal issues of the compensation scheme</strong> The conditions and criteria for the compensation of former political prisoners in Albanian law are sanctioned in articles 12 and 32. According to the law, the entire process of compensation in the value of the politically persecuted would be completed in 8 years (Law 9831/2007, Art 32, initial version), according to some criteria or general principles that were defined in Article 12, such as the priority of submitting the request and the equal distribution of funds to all beneficiaries, provided that the value of the compensation is not below 100,000 ALL and greater than 1 million ALL. The sanctioning at the legal level of the general deadlines for granting compensation, according to some criteria and principles, constituted a very important element of the principle of the rule of law, and legal security, in the context of redressing the rights and human dignity of former political prisoners unjustly violated by the communist regime. But, before the implementation of the compensation law had started yet, in 2009, the compensation scheme underwent radical changes, which hit the legal expectations created in about two decades of the category of politically persecuted, sanctioned two years ago, creating a confusing situation (People Advocate, Annual Report 2013). The legal changes of 2009, firstly, struck the principle of equality of compensation distribution, sanctioning that of proportionality. Secondly, according to these changes, the compensation scheme is no longer determined by the law itself, but by the sub-legal act, DCM. Thirdly, most importantly, the legal changes repealed the provision on the general 8-year term, according to which the state was obliged to carry out the entire compensation process, no longer having a term on the completion of the process (Law no. 10111/2009). In April 2011, within the framework of the determination of the compensation scheme, the Council of Ministers approved VCM no. 419/2011 &quot;On the approval of the terms and scheme for the distribution of compensation funds for the politically persecuted&quot;, which sanctions that the compensation that this category benefits from will be divided into 8 installments, but without giving any deadline on the duration or completion of the process (People Advocate, Annual Report 2013). The by-law changes of 2014, despite bringing some positive aspects regarding the acceleration of the compensation of the primary category, worsened the normative framework of the compensation scheme and deadlines (DCM, 684/2014). If we analyze their content, we do not find any sanctioned deadline for the realization of the compensation process, nor elements that regulate the scheme as required by law (People Advocate, Annual Report 2015). This decision delegates the right to the Minister of Finance to order the distribution of the next installment according to the budget he makes available, leaving no legal answer and no guarantee at the law level when and how the promised compensation will be received. The legal framework does not make it clear when subjects have the right to benefit from the indemnity installment. Even, in the conditions where the right to redressal is a private non-pecuniary right, the state&#39;s inability to executive compensation decisions may result in the extinction of the right due to the termination of the second heirs. When talking about persons of relatively old age who lost their lives in the first years of the installation of the communist dictatorship, there can undoubtedly be cases of extinguishing the right to redressal as a result of the non-execution of compensation by the state. Such a situation can lead to inequality and discrimination in the treatment of subjects. Precisely, such inequalities cannot be created due to the ambiguity of the legal framework to determine a reasonable compensation scheme, which could eventually be extended for another 30 years. In 2023, that is, about 16 years after the adoption of the law, the distribution of the fourth installment of compensation has not yet begun. If we analyze the periodicity of compensation, the time that would be necessary to complete this process is about 30 more years from this moment. This would have two serious implications. The first implication is related to the unjustified duration of the execution of compensation decisions, in an extremely unreasonable time of around 50 years, which violates the very essence of the right. The second implication concerns the inequities that the compensation scheme can create. The non-execution of decisions due to the unavailability of funds from the state for such a long time may lead to the extinguishment of the right, due to the suppression of all or some of the heirs of the second rank. The enforcement of the right to redressal now, according to the law and the by-laws, extends to an indefinite duration. Abolition of the legal deadline for the completion and the continuation of this process conditioned only by the legal and sub-legal determination that connects the execution with the available budget fund and has violated the principle of the rule of law, and especially the legal certainty. The principle of legal certainty as an aspect of the rule of law includes, in addition to the clarity, comprehensibility, and stability of the normative system, also trust in the legal system (ACC, Decision 25/2014, and 15/.2016). According to the jurisprudence of the ECHR, the predictability and clarity of legal acts and, in particular, the automatic nature of the norm, the alleged vagueness of some of its concepts are closely related to the principle of proportionality (ECHR, apply no. 27238/95, Chapman vs United Kingdom, 2001). According to this jurisprudence, the standard of reasonable duration that applies to most administrative procedures or judiciary is an essential element of the right to due process (ECHR, 2021). In its jurisprudence, the ECtHR stated that it is up to the state to organize its legal system in such a way that it is capable of managing the technical and logistical infrastructure to guarantee that the compensation scheme is at all times &quot; effective and fast&quot; (ECHR, Broniowski vs Poland, 2004). ECHR in its decisions has emphasized that the scope of assessment enjoyed by the state, although considerable, cannot be unlimited and that the exercise of legislative discretion, even in the context of the most comprehensive reform complex of the state, cannot bring consequences contrary to the standards of the Convention (ECHR, Broniowski vs Poland, 2004). This problem has also been ascertained by the People&#39;s Advocate, who, while handling the complaint of a subject for the delay of his request for compensation as an heir of a former political convict, takes a position in his recommendation on the compensation scheme, according to him, the process of compensation has become more difficult and has not progressed at the desired rates, for reasons mainly related to the changes that the legislation has undergone over the years and the non-determination of a reasonable deadline for its completion (Recommendation People Advocate, 2013). The Albanian state, through the restoration of a free and democratic society, has undertaken the commitment to create a legal system for the protection of basic human rights, where Albanian citizens are guaranteed the exercise of these rights. Also, these rights must be recognized and realized by the state, within a reasonable time, to make possible the benefit, in the concrete case of damages (Rekomandim i Avokatit te Popullit, 2013). <strong>Conclusion</strong> At the center of the doctrine of transitional justice lies the principle that it promotes democracy, revealing the dominant character of basic human rights and freedoms and strengthening the rule of law. The purpose of corrective reforms of transitional justice is the adoption of concrete measures that repair, as much as possible, the injustices of the past. As Teitel points out, these reforms have a functional and symbolic role in the transformational processes of post-communist states (Teitel, 2000). The doctrine of transitional justice considers the time factor, both in terms of the undertaking of reforms, as well as in their progress and conclusion, as essential in their success, in particular, harmony and social peace in general. The issue of transitional justice after about 3 decades after the fall of communism should have been a closed file. According to the doctrine of human rights, it should be a model in the archive of history that shows how the democratic state based on fundamental rights and freedoms challenges evil and manages to turn the course by becoming an example of their triumph. Indeed, the reparative reforms of transitional justice in Albania, such as the return and compensation of property, or the compensation of political prisoners, instead of being an example of forgiveness and justice, created new injustices, challenging the new order legal, in its basic principles, such as the rule of law and human rights. &nbsp; &nbsp; <strong>References</strong> Burgers, J. Herman, 1926-. (1988). The United Nations Convention against Torture: a handbook on the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment. Dordrecht; Boston: Norwell, MA, U.S.A.: M. Nijhoff; Sold and distributed in the U.S.A. and Canada by Kluwer Academic Publishers, Cohen, A. I. (2016). Corrective vs. distributive justice: the case of apologies.&nbsp;<em>Ethical theory and moral practice</em>,&nbsp;<em>19</em>, 663-677. Kritz, N. (1995). &ldquo;<em>Transitional Justice.&rdquo;</em> United States Institute of Peace, Washington DC, Vol.1. 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